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Vexatious proceedings

29 November 2013
Issue: 7586 / Categories: Case law , Law digest , In Court
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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. 

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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