HM Attorney General v Doswell

HM Attorney General v Doswell

The court found that Mr Doswell had habitually and persistently instituted repetitious and baseless proceedings, causing inconvenience and harassment, and that the conditions for making an order under section 42 were amply fulfilled. The order was necessary to protect the court and the public from further unmeritorious actions.

Parties
Claimant: Her Majesty's Attorney General; Defendant: Erroll Edward Doswell
Jurisdiction
England and Wales
Judgment Date
15 February 2005
Procedural Posture
Application for Civil Proceedings Order / Judgment
Outcome
civil proceedings order granted
Legal Topics
Vexatious Litigants, Civil Restraint Orders
Civil Procedure Vexatious Litigants Civil Restraint Orders

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Parties

Her Majesty's Attorney General

Claimant

Erroll Edward Doswell

Defendant

Procedural Posture

Application for Civil Proceedings Order / Judgment

Legal Issues

  1. 1 Whether the conditions for making a civil proceedings order under section 42 of the Supreme Court Act 1981 are met

Ratio Decidendi

The court found that Mr Doswell had habitually and persistently instituted repetitious and baseless proceedings, causing inconvenience and harassment, and that the conditions for making an order under section 42 were amply fulfilled. The order was necessary to protect the court and the public from further unmeritorious actions.

Court Disposition

civil proceedings order granted

Orders

  • Order made under section 42 of the Supreme Court Act 1981 restraining Mr Doswell from instituting proceedings or making applications without leave of the court.