Attorney General v Perotti [2006] EWHC 1002 (Admin) (10 May 2006)

Attorney General v Perotti [2006] EWHC 1002 (Admin) (10 May 2006)

Mr Perotti has habitually and persistently and without reasonable ground instituted vexatious civil proceedings and made vexatious applications. Existing restraint orders have not fully prevented further abuse, and a section 42 civil proceedings order is necessary to protect the courts and other parties from further vexatious litigation. The order is made for an indefinite period, with leave to apply for meritorious claims.

Citation
[2006] EWHC 1002 (Admin)
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 of the 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 this court, but leave granted to seek permission from the Court of Appeal.
Legal Topics
Vexatious Litigants, Civil Restraint Orders, Abuse of Process, Section 42 Supreme Court Act 1981

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Angelo Perotti

Defendant

Procedural Posture

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

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

Ratio Decidendi

Mr Perotti has habitually and persistently and without reasonable ground instituted vexatious civil proceedings and made vexatious applications. Existing restraint orders have not fully prevented further abuse, and a section 42 civil proceedings order is necessary to protect the courts and other parties from further vexatious litigation. The order is made for an indefinite period, with leave to apply for meritorious claims.

Court Disposition

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

Orders

  • A civil proceedings order under section 42 of the Supreme Court Act 1981 is made against Mr Perotti, restraining him from instituting or continuing civil proceedings or making applications without leave of the High Court.
  • The order is of indefinite duration.