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United Kingdom section 42civil restraint orders

Attorney General v Barker

[2000] EWHC 453 (Admin); [2000] 1 FLR 759
JurisdictionUnited Kingdom
CourtHigh Court of Justice (Divisional Court, Queen's Bench Division)
Year2000
StatusPersuasive authority

Key Principle

A civil proceedings order against a vexatious litigant under section 42 of the Supreme Court Act 1981 requires proof of habitual and persistent institution of vexatious proceedings without reasonable ground; the hallmark of vexatious proceedings is that they have little or no basis in law and subject the defendant to inconvenience, harassment and expense out of all proportion to any likely gain.

Area of Law

General

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