Mahajan v Department of Constitutional Affairs [2004] EWCA Civ 946 (30 June 2004)

Mahajan v Department of Constitutional Affairs [2004] EWCA Civ 946 (30 June 2004)

Given Mr Mahajan's persistent, vexatious, and abusive litigation, and the inadequacy of prior restraint orders, a general civil restraint order is necessary and justified to protect the processes of the Court of Appeal, High Court, and county courts, as well as potential defendants and court staff, from further abuse. The court has jurisdiction to make such an order, which does not extinguish the right of access to the court but subjects future applications to judicial permission.

Citation
[2004] EWCA Civ 946
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 against Mr Mahajan for two years.
Legal Topics
Civil Restraint Orders, Vexatious Litigation, Judicial Immunity, Abuse of Process, Access to Justice
Civil Procedure Human Rights Civil Restraint Orders Vexatious Litigation Judicial Immunity Abuse of Process Access to Justice

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
  2. 2 Whether the High Court and Court of Appeal have jurisdiction to make such an order covering all courts
  3. 3 Whether Mr Mahajan's claims against the DCA and court staff constitute an abuse of process

Ratio Decidendi

Given Mr Mahajan's persistent, vexatious, and abusive litigation, and the inadequacy of prior restraint orders, a general civil restraint order is necessary and justified to protect the processes of the Court of Appeal, High Court, and county courts, as well as potential defendants and court staff, from further abuse. The court has jurisdiction to make such an order, which does not extinguish the right of access to the court but subjects future applications to judicial permission.

Court Disposition

General civil restraint order granted against Mr Mahajan for two years.

Orders

  • Mr Mahajan restrained for two years from making applications or issuing proceedings in the Court of Appeal, High Court, or any county court without written permission from a named judge.
  • Applications for permission must be made in writing and will be decided on paper alone; no appeal lies from refusal unless granted by the named judge.