Jones v Vans Colina: CA 15 Aug 1996

An ex parte order allowing an action by a vexatious litigant is not appealable by the prospective defendant to the action permitted. Such a defendant to proceedings by a vexatious litigant against whom a civil proceedings order had been made was neither a party to the application for leave under section 42(3) nor was entitled to be made one. Nourse LJ said: ‘The power expressed in Ord 32, r 6 can only apply to an order made in proceedings in which the person seeking to have it set aside is either a party or entitled to be made one. The court could not accede to an application made by a person who had no locus standi to make it.’
Gazette 09-Oct-1996, Times 15-Aug-1996, [1996] 1 WLR 580
Supreme Courts Act 1981 42, Rules of the Supreme Court O32 r6
England and Wales
Cited by:
See AlsoJones v Vans Colina CA 2-Mar-1999
. .
CitedEwing v News International Ltd and Others CA 14-Jul-2010
The claimant appealed against an order for costs made on rejection of his application, as a vexatious litigant, for leave to bring defamation proceedings.
Held: The appeal was allowed. A defendant was not a party to an application by a . .

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Updated: 12 April 2021; Ref: scu.82618