Johnson, R (on the application of) v Attorney General [2005] EWHC 1534 (Admin) (29 June 2005)

Johnson, R (on the application of) v Attorney General [2005] EWHC 1534 (Admin) (29 June 2005)

The omission of the court seal on the originating Notice of Motion, if it occurred, was an irregularity and not a nullity. The applicant suffered no actual prejudice, participated fully in the proceedings, and did not seek to set aside the order within a reasonable time. Justice does not require the order to be set...

Source-derived case information.

Citation
[2005] EWHC 1534 (Admin)
Parties
Claimant: Kenneth Johnson; Defendant: Attorney General
Jurisdiction
England and Wales
Judgment Date
29 June 2005
Procedural Posture
Judicial Review / Application to Set Aside Vexatious Litigant Order
Outcome
Application dismissed; permission to appeal refused; costs awarded to the Attorney General.
Legal Topics
Vexatious Litigant Orders, Irregularity in Court Procedure, Sealing of Court Documents, Costs
Civil Procedure Administrative Law Vexatious Litigant Orders Irregularity in Court Procedure Sealing of Court Documents Costs

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Summary, issues, holding and outcome

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Parties

Kenneth Johnson

Claimant

Attorney General

Defendant

Procedural Posture

Judicial Review / Application to Set Aside Vexatious Litigant Order

Legal Issues

  1. 1 Whether failure to seal the originating Notice of Motion invalidated the vexatious litigant order
  2. 2 Whether the application to set aside was made within a reasonable time
  3. 3 Whether the irregularity, if any, caused prejudice to the applicant

Ratio Decidendi

The omission of the court seal on the originating Notice of Motion, if it occurred, was an irregularity and not a nullity. The applicant suffered no actual prejudice, participated fully in the proceedings, and did not seek to set aside the order within a reasonable time. Justice does not require the order to be set aside after such a long lapse of time.

Court Disposition

Application dismissed; permission to appeal refused; costs awarded to the Attorney General.

Orders

  • Application to set aside the vexatious litigant order is dismissed.
  • Permission to appeal is refused.