HM Attorney General v Doswell [2005] EWHC 1283 (Admin) (15 February 2005)
The defendant has habitually and persistently instituted vexatious and repetitious proceedings without legal merit, causing inconvenience and harassment, and there is a real risk of further such proceedings absent an order; therefore, the statutory conditions for a section 42 order are satisfied.
- Citation
- [2005] EWHC 1283 (Admin)
- 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
- application granted
- Legal Topics
- Vexatious Litigation, Civil Restraint Orders, Section 42 Supreme Court Act 1981
Case Brief
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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 Whether the defendant's conduct justifies a civil proceedings order under section 42 of the Supreme Court Act 1981
Ratio Decidendi
The defendant has habitually and persistently instituted vexatious and repetitious proceedings without legal merit, causing inconvenience and harassment, and there is a real risk of further such proceedings absent an order; therefore, the statutory conditions for a section 42 order are satisfied.
Court Disposition
application granted
Orders
- Civil proceedings order made under section 42 Supreme Court Act 1981 restraining Mr Doswell from instituting proceedings or making applications without leave of the court.
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