vexatious litigant


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vexatious litigant

a person who brings actions with no reasonable chance of success with the object of causing annoyance to opponents; such actions maybe struck out, and the court may order, on application of the ATTORNEY GENERAL, that no further legal proceedings may be begun by the vexatious litigant without the leave of the court. A similar procedure has existed in Scotland at least since the Vexatious Actions (Scotland) Act 1898 whereby the LORD ADVOCATE may apply to the Inner House preventing a party raising an action without the permission of a LORD ORDINARY.
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"The relevant court or tribunal will have power to decide that leave application based solely on the written application, meaning the vexatious litigant can no longer get yet another day in court to make an application."
We learn of "vexatious litigants," like the night watchman who, when rebuked by New York courts for bringing more than 50 lawsuits, including one against his mother for slamming a door on his finger, complained to the press, "You can't go around hitting people, so the only thing you can do is sue."(23)
He said that despite what he called victories for 'opposition and vexatious litigants' in the High Court, the government has not been treated fairly.
Vexatious litigants like these target small businesses with the hope that the owners are unaware of the authority of the ADA and lack the will or resources to hire legal representation.
Deacons, 2007 ABQB 754, a dispute over a dog, vexatious litigants were described as follows:
(92) Amending the section to require some actual development or production would narrow the range of litigants potentially eligible to obtain exclusion orders by expelling domestically inconsequential or vexatious litigants. At the same time, the forum would remain available for litigants actively invested in creating or utilizing the technology at issue within the United States.
The extreme usually suggested by this view is the obsessive who eventually finds themselves on a list of vexatious litigants. [6]
"No win-no fee has become a curse, a bad joke, a festival for what used to be called 'vexatious litigants"'
"It is a case of mistaken identity or vexatious litigants. Somebody is lying, not me," he said.
Russell is one of just 10 people listed on the Scottish Courts website as "Vexatious Litigants" - people who persistently try to bring legal proceedings without reasonable grounds and have been banned from doing so.
On other matters, Sasso said the committee is looking at ways to protect confidential client information in otherwise public disciplinary case records and ways to identify vexatious litigants and ways for the court to limit their ability to monopolize disciplinary resources.
We should have confidence in our judges, who are not in the habit of underwriting our own foolishness, but only award compensation where the blame was not our own and rely on the court's powers to keep vexatious litigants from bringing unsuccessful cases.