HM Attorney General v Ford & Anor

HM Attorney General v Ford & Anor

The defendants have habitually and persistently instituted vexatious civil proceedings and made vexatious applications without reasonable grounds, causing significant harm to opponents and the court system. The preconditions for a section 42 order are met, and the court exercises its discretion to make the order to protect the administration of justice.

Parties
Claimant: Her Majesty's Attorney General; Defendant: Daniel Ford; Defendant: Liubov Ford
Jurisdiction
England and Wales
Judgment Date
21 July 2008
Procedural Posture
Civil / Judgment on Application for Civil Proceedings Order Under Section 42 of the Supreme Court Act 1981
Outcome
Application granted
Legal Topics
Vexatious Litigation, Civil Proceedings Order, Abuse of Process, Access to Courts, Costs
Civil Procedure Judicial Review Property Law Vexatious Litigation Civil Proceedings Order Abuse of Process Access to Courts Costs

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Parties

Her Majesty's Attorney General

Claimant

Daniel Ford

Defendant

Liubov Ford

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendants have habitually and persistently instituted vexatious civil proceedings or made vexatious applications without reasonable grounds
  2. 2 Whether a civil proceedings order under section 42 of the Supreme Court Act 1981 should be made against the defendants

Ratio Decidendi

The defendants have habitually and persistently instituted vexatious civil proceedings and made vexatious applications without reasonable grounds, causing significant harm to opponents and the court system. The preconditions for a section 42 order are met, and the court exercises its discretion to make the order to protect the administration of justice.

Court Disposition

Application granted

Orders

  • Civil proceedings order made against Daniel Ford and Liubov Ford under section 42 of the Supreme Court Act 1981, restraining them from instituting or continuing civil proceedings without leave of the High Court.
  • No order as to costs, including costs thrown away by the adjournment on the last occasion.