Mahajan v Waldman & Ors

Mahajan v Waldman & Ors

Given Mr Mahajan's persistent and vexatious litigation and abusive correspondence, the court must restrain his conduct towards court staff and require future applications to be screened by a single judge, with final refusal possible on paper if meritless.

Parties
Claimant/applicant: Ashok Mahajan; Defendants/respondents: Vivianne Bella Waldman & Others; Advocate to the Court: Adam Tolley
Jurisdiction
England and Wales
Judgment Date
10 December 2003
Procedural Posture
Civil Appeal / Second Judgment on Appeal From Chancery Division
Outcome
Applications dismissed as totally void of merit; restraint orders issued against abusive correspondence and vexatious applications.
Legal Topics
Vexatious Litigation, Court Orders, Abusive Correspondence, Restraint Orders
Civil Procedure Vexatious Litigation Court Orders Abusive Correspondence Restraint Orders

Case Brief

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Parties

Ashok Mahajan

Claimant/applicant

Vivianne Bella Waldman & Others

Defendants/respondents

Adam Tolley

Advocate to the Court

Procedural Posture

Civil Appeal / Second Judgment on Appeal From Chancery Division

Legal Issues

  1. 1 Whether to restrain Mr Mahajan's future conduct towards court staff and lawyers
  2. 2 Whether to impose restrictions on Mr Mahajan's future applications to the court

Ratio Decidendi

Given Mr Mahajan's persistent and vexatious litigation and abusive correspondence, the court must restrain his conduct towards court staff and require future applications to be screened by a single judge, with final refusal possible on paper if meritless.

Court Disposition

Applications dismissed as totally void of merit; restraint orders issued against abusive correspondence and vexatious applications.

Orders

  • Mr Mahajan is restrained from addressing or corresponding with staff or lawyers of the Civil Appeals Office in any rude or abusive manner, with penal notice attached.
  • Any further application by Mr Mahajan relating to these proceedings must be placed before a single judge for paper consideration; if totally devoid of merit, refusal on paper is final.