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10. The Vexatious LitigantSee also (5) a Vexatious Actions (Scotland) Act 1898 in B Matters Continuing and (g) (v) Why the Vexatious Litigant Proceedings against Martin Frost in F. Institutions & Personages. This chapter in ‘G The Law’ section is to be a rolling essay concerning the use of vexatious litigant orders to rid the courts of the party litigant or litigant in person. Once upon a time like most of the populace I believed that the organs of state were relatively independent and impartial – that belief is no more. Of great concern is the planned use of vexatious litigant usage to enable not only the courts but other public bodies to deny access to those they largely subjectively judge as troublesome (see F below). What is the point of freedom of information legislation when public bodies can refuse such upon the grounds that the applicant has become vexatious? It is my belief that in my case (which I regard as an abuse of process by the Scottish Executive against me) and no doubt in many others to come that vexatious proceedings will become common place for those that govern and judge us will seek to deny access to those of us that do not toe their particular mind set. This chapter is laid out as follows -- As can be seen by the original vexatious litigant debate in the House of Commons on August 10, 1896, some MPs had grave misgivings about the constitutionality of the Bill-- by removing otherwise unfettered access to the courts, and the comments as to whether such a Bill would have been introduced to protect ordinary people if the Archbishop of Canterbury had not been involved are particularly pertinent today. |
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A.History of vexatious litigant statutes in the UK Vexatious Actions Act 1896 Vexatious Actions (Scotland) Act 1898 Section 42 of the Supreme Court Act 1981 Judicature (Northern Ireland) Act 1978 Restriction of Vexatious Legal Proceedings (Guernsey) Law 1985 B.Pleadings & legal process in the Lord Advocate v Frost Initial Petition Revised Petition Answers by Martin Frost Adjustments by Martin Frost Adjustments by the Lord Advocate Record Interlocutors (judgements) Minute of proceedings Transcripts of proceedings C.Correspondence in the Lord Advocate v Frost M Frost’s letter to Miss Cullen at the Scottish Executive 2005-04-10 M Frost’s letter to D Flint -- Accountant in Bankruptcy 2005-04-10 M Frost’s letter to P Yelland – Law Society 2005-04-10 M Frost letter to Mr R Martin Q.C. Dean of Faculty of Advocates M Frost request for public inquiry to MSPs 2005-04-10 Scottish cases English cases Other UK cases European & Human Rights cases Commonwealth cases Other cases E.The vexatious litigant in jurisdictions other than the UK In the USA In Canada In Australia In New Zealand In South Africa |
F.The vexatious litigant before tribunals, freedom of information applications Local Authority
National Health Board G.Articles on Vexatious litigation Extract from Hansard
(Commons) 2000-05-25 Vexatious Litigants
INMATE'S LAWSUIT REACHES STATE'S TOP Court puts clamps on bogus lawsuits Killer deemed a vexatious litigant VEXATIOUS SUIT, LITIGATION Vexation law – Contradiction of US principles Q: When is a frivolous lawsuit not frivolous? A: When it's filed by a corporation The myth of frivolous lawsuits A US Myth: "Frivolous" lawsuits Another Myth: "Tort tax" The Fake Crisis over Lawsuits: Who’s Paying to Keep myths Alive? The Myth of the Frivolous Lawsuit H.Glossary of terms Vexatious
Vexatious litigation Abuse of process Malicious prosecution Frivolous lawsuit Barratry Champerty I.Vexatious litigant personage lists England & Wales
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