Vexatious Actions (Scotland) Act 1898 is used against Martin Frost

(5) Upon the Law

a)Vexatious Actions (Scotland) Act 1898

On the 2nd November 04 Martin Frost was served with a petition by the Lord Advocate, Colin Boyd Q.C. claiming that Martin Frost is a vexatious litigant. The Court of Session warrant with the petition is signed by the Lord President, Lord Cullen. Solicitor for the Lord Advocate was Claire Cullen. The prayer to the Petition seeks that Martin Frost will be barred from instituting legal proceedings unless Martin Frost first obtains leave from a Lord Ordinary.

In Martin Frost’s opinion the Petition paints an unrepresentative, contradictory and often factually incorrect or distorted picture. The Petition appears to break new ground for in the main the Petition relates to matters which are currently before the courts; thus in Frost’s analysis the Petition is a flagrant breach of his rights to a fair and an impartial hearing. The Petition seeks to prejudge matters that todate Senators have deemed are worthy of consideration. Given that the Petition was prompted by Franks. MacAdam. Brown, agents for the Unity Trust Bank Plc (with whom Martin Frost is currently in litigation with) and thereafter by a combination of lawyers who have combined together to hurt Martin Frost economically; Martin Frost believes that this Petition is symbolic of Edinburgh’s socio judicial culture of cronyism and perceived corruption as he narrates in his Lady Smith and
Art of Spying essays.

Furthermore, Martin Frost believes that this petition is itself a vexatious act by the Lord Advocate for it would achieve nothing but a substantial waste of public money if successful. In simple terms in Scotland, Martin Frost has raised no actions at all in the last 12 months (unless one counts his Petition for Recall of Sequestration). In the prior 12 month’s preceding Martin Frost raised only three legal actions, all in the Court of Session and all subject (as with all party litigants) to a Lord Ordinary’s leave. In the last eight years Martin Frost has raised six actions in Scotland’s Sheriff Courts. Out of the six one required a hearing before a Sheriff prior to a warrant being granted; this action suffered a detour via a successful appeal to an Extra Division prior to Martin Frost abandoning the action and obtaining a decree of dismissal upon his payment of all expenses. Three were remitted to the Court of Session. The two left mainly before the Sheriff Court resulted in (i) a negligence settlement plus costs from various practising solicitors to Frost; and (ii) an inhibition granted by Lady Paton to Frost for over £80,000 (now secured over an Edinburgh flat). Of the three remitted to the Court of Session; Martin Frost obtained (i) an interdict against Scottish Borders Council and/or their agents; (ii) a successful Extra Division appeal with costs against Sheriff Peebles conduct; and (iii) a personal award of costs against Sheriff Peebles and the First Minister prior to Martin Frost abandoning the cause upon what Martin Frost perceived was an extra judicial solution. (Note: this was the first time in Scotland that a current practicing judge had had a court costs award made against him personally)

Early next week, upon the Law section of this web site, will be posted the Lord Advocate’s Petition against Martin Frost, along with more detailed observations by Martin Frost. In the meantime, Martin Frost suggests that he gives an undertaking not to raise any Scottish actions except in the Court of Session, which as with all party litigants a Lord Ordinary’s leave is required. Such a Frost undertaking should negate the necessity of expensive public legal proceedings which will no doubt be the outcome in Scotland and in Europe should the Lord Advocate continue this perceived witch hunt.

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(5) Upon the Law a)Vexatious Actions (Scotland) Act 1898 On the 2nd November 04 Martin Frost was served with a petition by the Lord Advocate, Colin Boyd Q.C. claiming that Martin Frost is a vexatious litigant. The Court of Session warrant with the petition is signed by the Lord President, Lord Cullen. Solicitor for the Lord Advocate was Claire Cullen. The prayer to the Petition seeks that Martin Frost will be barred from instituting legal proceedings unless Martin Frost first obtains leave from a Lord Ordinary. In Martin Frost’s opinion the Petition paints an unrepresentative, contradictory and often factually incorrect or distorted picture. The Petition appears to break new ground for in the main the Petition relates to matters which are currently before the courts; thus in Frost’s analysis the Petition is a flagrant breach of his rights to a fair and an impartial hearing. The Petition seeks to prejudge matters that todate Senators have deemed are worthy of consideration. Given that the Petition was prompted by Franks. MacAdam. Brown, agents for the Unity Trust Bank Plc (with whom Martin Frost is currently in litigation with) and thereafter by a combination of lawyers who have combined together to hurt Martin Frost economically; Martin Frost believes that this Petition is symbolic of Edinburgh’s socio judicial culture of cronyism and perceived corruption as he narrates in his Lady Smith and Art of Spying essays. Furthermore, Martin Frost believes that this petition is itself a vexatious act by the Lord Advocate for it would achieve nothing but a substantial waste of public money if successful. In simple terms in Scotland, Martin Frost has raised no actions at all in the last 12 months (unless one counts his Petition for Recall of Sequestration). In the prior 12 month’s preceding Martin Frost raised only three legal actions, all in the Court of Session and all subject (as with all party litigants) to a Lord Ordinary’s leave. In the last eight years Martin Frost has raised six actions in Scotland’s Sheriff Courts. Out of the six one required a hearing before a Sheriff prior to a warrant being granted; this action suffered a detour via a successful appeal to an Extra Division prior to Martin Frost abandoning the action and obtaining a decree of dismissal upon his payment of all expenses. Three were remitted to the Court of Session. The two left mainly before the Sheriff Court resulted in (i) a negligence settlement plus costs from various practising solicitors to Frost; and (ii) an inhibition granted by Lady Paton to Frost for over £80,000 (now secured over an Edinburgh flat). Of the three remitted to the Court of Session; Martin Frost obtained (i) an interdict against Scottish Borders Council and/or their agents; (ii) a successful Extra Division appeal with costs against Sheriff Peebles conduct; and (iii) a personal award of costs against Sheriff Peebles and the First Minister prior to Martin Frost abandoning the cause upon what Martin Frost perceived was an extra judicial solution. (Note: this was the first time in Scotland that a current practicing judge had had a court costs award made against him personally) Early next week, upon the Law section of this web site, will be posted the Lord Advocate’s Petition against Martin Frost, along with more detailed observations by Martin Frost. In the meantime, Martin Frost suggests that he gives an undertaking not to raise any Scottish actions except in the Court of Session, which as with all party litigants a Lord Ordinary’s leave is required. Such a Frost undertaking should negate the necessity of expensive public legal proceedings which will no doubt be the outcome in Scotland and in Europe should the Lord Advocate continue this perceived witch hunt.