§ Lord Spensasked Her Majesty's Government:
Whether the United Kingdom is the only member of the European Union which takes the power to issue "vexatious" litigant orders.
§ The Lord Chancellor (Lord Mackay of Clashfern)The position in respect of all twelve European Union states could only be ascertained at disproportionate cost.
It is known, however, that the Irish High Court has inherent jurisdiction to prevent abuses of process by litigants, while in France there is a power to fine anyone bringing vexatious proceedings.
§ Lord Spensasked Her Majesty's Government:
What guidelines the Attorney General follows when issuing "vexatious" litigant orders; and
Whether there is any right of appeal against the issue of a "vexatious" litigant order; and
How many "vexatious" litigant orders were issued by the Attorney General in each of the last 10 years.
§ The Lord ChancellorThe power to make an order declaring someone to be a vexatious litigant in civil or criminal proceedings rests with the High Court on an application by the Attorney General, pursuant to Section 42 of the Supreme Court Act 1981. Orders are sought in relation to persons who have habitually, persistently and without any reasonable ground instituted vexatious proceedings in the courts. Orders are made by the court having regard to the facts of each case and to previous decisions. The effect of such an order is to prevent the litigant from commencing or continuing proceedings without the leave of the court. Subject to obtaining leave there is a right of appeal against an order to the Court of Appeal.
The number of orders made by the High Court in each of the last 10 years is as follows: 60WA
Year Number 1984 8 1985 3 1986 7 1987 6 1988 4 1989 1 1990 2 1991 2 1992 4 1993 1 11994 2 1 (1st January to date)