The claimant had been dissatisfied with the way in which the defendant had administered the estate of his deceased uncle. The court had faced 14 applications by him.
Held: ‘They are all totally devoid of merit. They were all made long after the hearing ended on 29th November 2002.’ ‘Chadwick LJ dismissed 11 further applications by Mr Perotti on the same grounds. It has been drawn to the court’s attention that, putting on one side certain pending matters, since 1997 Mr Perotti has made 80 different applications to the court in different matters, of which two have been allowed, 75 refused, and three have been disposed of by different orders. ‘
A Grepe v Loam order and civil restraint orders had been made against him. Neuberger J considered that in his experience of litigants in person, Mr Perotti was second to none in terms of his persistence, and in terms of the aggressiveness, rudeness and unreasonableness with which he conducted his applications. The existing extended civil restraint order was to be extended yet further.
Judges:
Lord Justice Brooke Vice-President Of The Court Of Appeal (Civil Division) And Lord Justice Maurice Kay
Citations:
[2004] EWCA Civ 639, [2004] 4 All ER 53
Links:
Jurisdiction:
England and Wales
Citing:
See also – Perotti v Watson and others CA 26-Feb-2004
The appellant seeking leave to appeal had previously asked for legal assistance. Mr Perottis had been involved in litigation against his father’s administrator over many years. A civil restraint order had been made against him. The first defendant . .
Cited – Grepe v Loam; Bulteel v Grepe CA 1887
The court was asked for an order restricting the right of a group of litigants be restrained from beginning further court actions without first obtaining the court’s consent, they having been accused of issuing vexatious proceedings.
Held: The . .
Cited – Bhamjee v Forsdick and Others (No 2) CA 25-Jul-2003
The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making applications totally devoid of merit. The courts are facing very serious contemporary problems created by the activities of . .
Cited by:
See also – Perotti v Watson and others CA 26-Feb-2004
The appellant seeking leave to appeal had previously asked for legal assistance. Mr Perottis had been involved in litigation against his father’s administrator over many years. A civil restraint order had been made against him. The first defendant . .
See also – Angelo Perotti v Iliffes Booth Bennett (A Firm), Bird and Bird (A Firm), Richard Francis Dudley Barlow (Sued As Francis Barlow) ChD 28-Oct-2003
. .
See also – Perotti v Collyer-Bristow (A Firm) and others CA 6-Oct-2003
So far as civil proceedings are concerned, the funding of particular cases by civil legal aid was a matter for the Legal Services Commission. The courts have no residual power to make an order for assistance. The most it could do would be to . .
Cited – Grace, Regina (on The Application of) v Secretary of State for The Home Department CA 9-Jun-2014
What is ‘totally without merit’?
The claimant had sought judicial review. Her case had been certified as being ‘totally without merit’, thus denying to her any opportunity to renew her application for leave at an oral hearing, leaving only recourse to a judge of the Court of Appeal . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Litigation Practice
Updated: 10 June 2022; Ref: scu.197054