Mahajan v Department of Constitutional Affairs

Mahajan v Department of Constitutional Affairs

Given Mr Mahajan's persistent, vexatious, and meritless litigation, repeated abuse of court process, and offensive allegations against judges and staff, a general civil restraint order is necessary to protect the courts and potential defendants. The Court of Appeal has jurisdiction to make such an order covering the High Court and county courts.

Parties
Claimant/appellant: Ashok Mahajan; Defendant/respondent: Department of Constitutional Affairs
Jurisdiction
England and Wales
Judgment Date
30 June 2004
Procedural Posture
Civil Appeal / Application for General Civil Restraint Order on Appeal From High Court
Outcome
General civil restraint order granted
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Judicial Immunity, Court Process Abuse
Civil Procedure Judicial Review Human Rights Civil Restraint Orders Vexatious Litigation Judicial Immunity Court Process Abuse

Case Brief

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Parties

Ashok Mahajan

Claimant/appellant

Department of Constitutional Affairs

Defendant/respondent

Procedural Posture

Civil Appeal / Application for General Civil Restraint Order on Appeal From High Court

Legal Issues

  1. 1 Whether a general civil restraint order should be imposed against Mr Mahajan for persistent and vexatious litigation
  2. 2 Whether the High Court and Court of Appeal have jurisdiction to make a general civil restraint order covering all courts
  3. 3 Whether Mr Mahajan's claims against judicial acts and court staff are an abuse of process

Ratio Decidendi

Given Mr Mahajan's persistent, vexatious, and meritless litigation, repeated abuse of court process, and offensive allegations against judges and staff, a general civil restraint order is necessary to protect the courts and potential defendants. The Court of Appeal has jurisdiction to make such an order covering the High Court and county courts.

Court Disposition

General civil restraint order granted

Orders

  • Appellant restrained for 2 years from making applications or issuing proceedings in the Court of Appeal, High Court, or any county court without written permission of a named judge.
  • Any application for permission must be made in writing to a specified judge and will be dealt with on paper alone.