His Majesty's Attorney General for England and Wales v Mark Gregory Hardy

His Majesty's Attorney General for England and Wales v Mark Gregory Hardy

Mr Hardy has habitually and persistently and without reasonable ground instituted vexatious civil proceedings, made vexatious applications, and instituted vexatious prosecutions. The cumulative effect of his litigation conduct justifies the making of an all proceedings order under section 42 of the Senior Courts Act 1981, including Vaidya terms, for a period of three years. The order is proportionate, does not infringe the essence of his Article 6 rights, and bankruptcy proceedings are within the scope of section 42.

Parties
Claimant/applicant: His Majesty's Attorney General for England and Wales; Defendant/respondent: Mark Gregory Hardy
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Section 42 Senior Courts Act 1981 Application (vexatious Litigant) / Judgment After Contested Hearing
Outcome
Application granted. All proceedings order made against Mr Hardy for three years, including Vaidya terms. Costs awarded to the Attorney General.
Legal Topics
Vexatious Litigant Orders, Access to Courts, Bankruptcy Proceedings, Civil Restraint Orders, Article 6 ECHR
Civil Procedure Insolvency Human Rights Vexatious Litigant Orders Access to Courts Bankruptcy Proceedings Civil Restraint Orders Article 6 ECHR

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Parties

His Majesty's Attorney General for England and Wales

Claimant/applicant

Mark Gregory Hardy

Defendant/respondent

Procedural Posture

Section 42 Senior Courts Act 1981 Application (vexatious Litigant) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Mr Hardy has habitually and persistently and without reasonable ground instituted vexatious civil proceedings, made vexatious applications, or instituted vexatious prosecutions within the meaning of section 42 of the Senior Courts Act 1981
  2. 2 Whether an all proceedings order should be made against Mr Hardy, including Vaidya terms
  3. 3 Whether bankruptcy proceedings are 'civil proceedings' for the purposes of section 42

Ratio Decidendi

Mr Hardy has habitually and persistently and without reasonable ground instituted vexatious civil proceedings, made vexatious applications, and instituted vexatious prosecutions. The cumulative effect of his litigation conduct justifies the making of an all proceedings order under section 42 of the Senior Courts Act 1981, including Vaidya terms, for a period of three years. The order is proportionate, does not infringe the essence of his Article 6 rights, and bankruptcy proceedings are within the scope of section 42.

Court Disposition

Application granted. All proceedings order made against Mr Hardy for three years, including Vaidya terms. Costs awarded to the Attorney General.

Orders

  • All proceedings order under section 42 Senior Courts Act 1981 against Mark Gregory Hardy for three years, including Vaidya terms prohibiting him from acting as representative or McKenzie friend.
  • Costs awarded to the Attorney General in the sum of £46,339.70.