header-logo header-logo

Vexatious proceedings

29 November 2013
Issue: 7586 / Categories: Case law , Law digest , In Court
printer mail-detail

Douglas v Ministry of Justice [2013] EWHC 3640 (QB), [2013] All ER (D) 253 (Nov)

A litigant who made claims or applications, which had absolutely no merit, harmed the administration of justice by wasting the limited time and resources of the courts. Such claims and applications consumed public funds and diverted the courts from dealing with cases which had real merit. Litigants who repeatedly made hopeless claims or applications imposed costs on others for no good purpose and usually at little or no cost to themselves. Typically such litigants had time on their hands and no means of paying any costs of litigation, so they were entitled to remission of court fees and the prospect of an order for costs against them would be no deterrent. In those circumstances, there was a strong public interest in protecting the court system from abuse by imposing an additional restraint on their use of the courts’ resources. 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll