Attorney General v Perotti

Attorney General v Perotti

Mr Perotti has habitually and persistently and without any reasonable ground instituted vexatious civil proceedings and made vexatious applications, causing disproportionate harassment and expense. Existing restraint orders have not sufficed to prevent further abuse. A civil proceedings order under section 42 is necessary and proportionate to restrain further vexatious litigation, while preserving the opportunity for meritorious claims with leave of the High Court.

Parties
Claimant: Her Majesty's Attorney General; Defendant: Angelo Perotti
Jurisdiction
England and Wales
Judgment Date
10 May 2006
Procedural Posture
Application Under Section 42 Supreme Court Act 1981 / Judgment on Application for Civil Proceedings Order (vexatious Litigant Order)
Outcome
Civil proceedings order (vexatious litigant order) made against Mr Perotti for an indefinite period; permission to appeal refused by High Court, but leave granted to seek permission from Court of Appeal.
Legal Topics
Vexatious Litigants, Civil Restraint Orders, Abuse of Process
Civil Procedure Judicial Process Vexatious Litigants Civil Restraint Orders Abuse of Process

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Parties

Her Majesty's Attorney General

Claimant

Angelo Perotti

Defendant

Procedural Posture

Application Under Section 42 Supreme Court Act 1981 / Judgment on Application for Civil Proceedings Order (vexatious Litigant Order)

Legal Issues

  1. 1 Whether Mr Perotti has habitually and persistently and without any reasonable ground instituted vexatious civil proceedings or made vexatious applications in civil proceedings within the meaning of section 42 of the Supreme Court Act 1981
  2. 2 Whether a civil proceedings order should be made against Mr Perotti

Ratio Decidendi

Mr Perotti has habitually and persistently and without any reasonable ground instituted vexatious civil proceedings and made vexatious applications, causing disproportionate harassment and expense. Existing restraint orders have not sufficed to prevent further abuse. A civil proceedings order under section 42 is necessary and proportionate to restrain further vexatious litigation, while preserving the opportunity for meritorious claims with leave of the High Court.

Court Disposition

Civil proceedings order (vexatious litigant order) made against Mr Perotti for an indefinite period; permission to appeal refused by High Court, but leave granted to seek permission from Court of Appeal.

Orders

  • Civil proceedings order under section 42 Supreme Court Act 1981 made against Mr Perotti, of indefinite duration, with penal notice attached.
  • Permission to appeal refused by High Court; leave granted to apply to Court of Appeal for permission.