HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) (21 July 2008)

HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) (21 July 2008)

The defendants have engaged in repeated, baseless, and misconceived litigation, ignoring adverse decisions, unpaid costs orders, and continuing litigation despite failures. The history reveals the hallmarks of vexatious litigation, and the preconditions for a civil proceedings order are met. The court exercises its discretion to make the order, subjecting future proceedings to leave of the High Court.

Citation
[2008] EWHC 2066 (Admin)
Parties
Claimant: Her Majesty's Attorney General; Defendant: Daniel Ford; Defendant: Liubov Ford
Jurisdiction
England and Wales
Judgment Date
21 July 2008
Procedural Posture
Application Under Section 42 of the Supreme Court Act 1981 / Final Judgment
Outcome
Application granted; civil proceedings order made under section 42 of the Supreme Court Act 1981; permission to appeal refused.
Legal Topics
Vexatious Litigation, Civil Proceedings Order, Abuse of Process, Access to Justice
Civil Procedure Public Law Vexatious Litigation Civil Proceedings Order Abuse of Process Access to Justice

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Daniel Ford

Defendant

Liubov Ford

Defendant

Procedural Posture

Application Under Section 42 of the Supreme Court Act 1981 / Final Judgment

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 the court should exercise its discretion to make a civil proceedings order under section 42 of the Supreme Court Act 1981

Ratio Decidendi

The defendants have engaged in repeated, baseless, and misconceived litigation, ignoring adverse decisions, unpaid costs orders, and continuing litigation despite failures. The history reveals the hallmarks of vexatious litigation, and the preconditions for a civil proceedings order are met. The court exercises its discretion to make the order, subjecting future proceedings to leave of the High Court.

Court Disposition

Application granted; civil proceedings order made under section 42 of the Supreme Court Act 1981; permission to appeal refused.

Orders

  • Civil proceedings order: no civil proceedings or applications may be instituted or continued by the defendants without leave of the High Court.
  • No order as to costs, including costs thrown away by adjournment.