The court set out the criteria for assessing whether an action was frivolous in law. Lush J said: ‘It must appear that his alleged cause of action is one which on the face of it is clearly one which no reasonable person could properly treat as bona fide, and contend that he had a grievance which he was entitled to bring before the Court.’
Judges:
Lush J
Citations:
(1916) 85 LJ KB 857
Cited by:
Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 01 May 2022; Ref: scu.247417