VocabuLaw

Vexatious Litigant

What is it and what does it mean?

Description of the legal term Vexatious Litigant:

In the British legal system, the term “vexatious litigant” refers to an individual who consistently brings forward legal proceedings, regardless of their merit, to harass or subdue an adversary. This term encompasses not only the frequency of the legal actions taken by the individual but also the nature and purpose behind them. A vexatious litigant does not necessarily have to lose their cases to be designated as such; rather, it is the intent behind their legal activism, alongside an evident pattern of baseless or repetitive claims, that defines them.

The courts are cautious when labeling someone as a vexatious litigant, given the serious consequences of this designation. Once deemed vexatious, the person can face restrictions such as having to obtain permission from a judge before they can initiate any further legal action. This safeguard is in place to protect the courts and individuals from the abuse of legal processes and to ensure that time and resources are not wasted on meritless cases. The Attorney General or any individual with enough relevant interest can bring the issue of vexatious litigation to the court’s attention, prompting an inquiry and subsequent judgment on the matter.

Legislation relevant to vexatious litigation includes the Civil Procedure Rules and the specific legislation – The Vexatious Actions (Scotland) Act 1898, and the Administration of Justice Act 1980 for England and Wales. These laws empower the High Court to issue a civil proceedings order against a person, effectively subjecting their right to access the courts to scrutiny and permission. Sanctions against vexatious litigation are an instrument to protect the legal system’s integrity and prevent the clogging of courts with frivolous claims.

It’s vital to note that this concept is different from a legitimate use of the legal process, even if the litigant is persistent. Vexatious litigation is characterized by an element of intent to disrupt or a manifest pattern of behavior that indicates an abuse of the legal process rather than legitimate pursuit of justice.

Legal context in which the term Vexatious Litigant may be used:

A poignant example of vexatious litigation can be seen in the case of Mr. Smith (a hypothetical character) who was involved in a boundary dispute with his neighbor. After the initial lawsuit was settled in favor of his neighbor, Mr. Smith repeatedly filed new suits alleging new reasons why the boundary decision should be overturned. His actions included attempting to sue the previous judges for their decisions and the neighbor’s attorneys for their role in the case. Over the course of several years, Mr. Smith initiated over thirty different legal actions relating to the same boundary dispute – all of which were without substantial new evidence or arguments. When the matter was brought before the High Court, Mr. Smith was declared a vexatious litigant, effectively barring him from any further legal action concerning this matter without prior permission from the court.

Another contextual example involves Ms. Jones (also a hypothetical character), who, believing herself to be wronged by a large corporation, proceeded to launch a series of lawsuits against the company. The first few cases were dismissed for lack of evidence, but Ms. Jones continued to file suits, changing legal representation each time and slightly varying her claims. None of these claims were substantial enough to stand up in court, and the corporation applied to have Ms. Jones declared a vexatious litigant. The application took into account her pattern of behavior and intent to cause annoyance or achieve an unrealistic result from the repeated litigation, not to find legitimate redress. Consequently, Ms. Jones was subject to an order preventing her from initiating any further proceedings without the court’s leave.

The recognition of the vexatious litigation phenomenon in British law is a crucial balancing act. It ensures that individuals cannot abuse the court system with impunity while preserving the right to access justice. It is a necessary element of a functioning legal system that discourages legal bullying and the waste of judicial resources, while upholding the principle that justice should be available to all who genuinely seek it.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.