HM Attorney General v Edwards [2001] EWCA Civ 1981 (4 December 2001)

HM Attorney General v Edwards [2001] EWCA Civ 1981 (4 December 2001)

The vexatious litigant procedure under section 42 of the Supreme Court Act 1981 does not breach the European Convention on Human Rights, as access to the courts is preserved for proper causes of action with permission.

Citation
[2001] EWCA Civ 1981
Parties
Claimant/respondent: HM Attorney General; Defendant/applicant: Edwards
Jurisdiction
England and Wales
Judgment Date
04 December 2001
Procedural Posture
Application for Permission to Appeal / Appeal From High Court, Administrative Court List
Outcome
Application refused
Legal Topics
Vexatious Litigant Orders, Access to Courts, European Convention on Human Rights
Civil Procedure Human Rights Vexatious Litigant Orders Access to Courts European Convention on Human Rights

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Parties

HM Attorney General

Claimant/respondent

Edwards

Defendant/applicant

Procedural Posture

Application for Permission to Appeal / Appeal From High Court, Administrative Court List

Legal Issues

  1. 1 Whether the vexatious litigant order under section 42 of the Supreme Court Act 1981 breaches the European Convention on Human Rights
  2. 2 Whether there are grounds to grant permission to appeal the order

Ratio Decidendi

The vexatious litigant procedure under section 42 of the Supreme Court Act 1981 does not breach the European Convention on Human Rights, as access to the courts is preserved for proper causes of action with permission.

Court Disposition

Application refused

Orders

  • Application for permission to appeal dismissed