Bhamjee v Forsdick & Ors (No 2)

Bhamjee v Forsdick & Ors (No 2)

The court has both inherent and statutory jurisdiction to make proportionate orders restraining vexatious litigants from abusing court processes. Mr Bhamjee's persistent, meritless applications and threats of further litigation justify an extended civil restraint order to protect both the respondents and the court's resources. The order is proportionate, time-limited, and subject to procedural safeguards, and does not infringe Mr Bhamjee's fundamental right of access to the court.

Parties
Appellant/claimant: Ismail Abdullah Bhamjee; Respondents/defendants: David Forsdick and Others (No 2); Interested Party: Attorney-General (watching brief); Advocate to the Court: Advocate to the Court
Jurisdiction
England and Wales
Judgment Date
25 July 2003
Procedural Posture
Civil Appeal / Judgment on Application for Extended Civil Restraint Order
Outcome
Extended civil restraint order granted against Mr Bhamjee
Legal Topics
Vexatious Litigation, Abuse of Process, Civil Restraint Orders, Inherent Jurisdiction, Access to Justice
Civil Procedure Judicial Process Vexatious Litigation Abuse of Process Civil Restraint Orders Inherent Jurisdiction Access to Justice

Case Brief

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Parties

Ismail Abdullah Bhamjee

Appellant/claimant

David Forsdick and Others (No 2)

Respondents/defendants

Attorney-General (watching brief)

Interested Party

Advocate to the Court

Advocate to the Court

Procedural Posture

Civil Appeal / Judgment on Application for Extended Civil Restraint Order

Legal Issues

  1. 1 What remedies are available to the courts to protect their processes from abuse by vexatious litigants?
  2. 2 Is the making of an extended civil restraint order against Mr Bhamjee justified and proportionate?

Ratio Decidendi

The court has both inherent and statutory jurisdiction to make proportionate orders restraining vexatious litigants from abusing court processes. Mr Bhamjee's persistent, meritless applications and threats of further litigation justify an extended civil restraint order to protect both the respondents and the court's resources. The order is proportionate, time-limited, and subject to procedural safeguards, and does not infringe Mr Bhamjee's fundamental right of access to the court.

Court Disposition

Extended civil restraint order granted against Mr Bhamjee

Orders

  • Mr Bhamjee is forbidden for two years from making any further application or taking any steps (including issuing new proceedings) in the Court of Appeal, High Court, or any County Court against the five named respondents and/or their representatives concerning these proceedings without written permission from Master...
  • Applications for permission must be made in writing to Master Bowman and will be dealt with on paper.