Mahajan v Waldman & Ors [2003] EWCA Civ 1899 (10 December 2003)

Mahajan v Waldman & Ors [2003] EWCA Civ 1899 (10 December 2003)

Given applicant's persistent and vexatious litigation and abusive correspondence, the court is justified in imposing restraints on both correspondence and future applications to protect court process.

Citation
[2003] EWCA Civ 1899
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
Appeal From Chancery Division / Second Judgment on Applications and Post Judgment Orders
Outcome
Applications dismissed as totally void of merit; restraining orders imposed.
Legal Topics
Vexatious Litigation, Abusive Correspondence, Restraining Orders
Civil Procedure Contempt of Court Vexatious Litigation Abusive Correspondence Restraining Orders

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Parties

Ashok Mahajan

Claimant/applicant

Vivianne Bella Waldman & Others

Defendants/respondents

Adam Tolley

Advocate to the Court

Procedural Posture

Appeal From Chancery Division / Second Judgment on Applications and Post Judgment Orders

Legal Issues

  1. 1 Whether to restrain applicant's abusive correspondence with court staff
  2. 2 Whether to impose restrictions on applicant's future applications to the court

Ratio Decidendi

Given applicant's persistent and vexatious litigation and abusive correspondence, the court is justified in imposing restraints on both correspondence and future applications to protect court process.

Court Disposition

Applications dismissed as totally void of merit; restraining orders imposed.

Orders

  • Applicant restrained from rude or abusive correspondence with Civil Appeals Office staff or lawyers, supported by penal notice.
  • Future applications relating to these proceedings must be considered on paper by a single judge; if totally devoid of merit, refusal is final.