HM Attorney-General v Ebert [2005] EWHC 1254 (Admin) (24 May 2005)

HM Attorney-General v Ebert [2005] EWHC 1254 (Admin) (24 May 2005)

Given Mr Ebert's extreme and persistent vexatious litigation, repeated abusive communications, and refusal to desist despite prior orders, the court is justified in extending and widening the existing civil proceedings order and injunction indefinitely, restraining further abusive communications, and barring further applications relating to his bankruptcy and associated matters. Such orders are compatible with the European Convention on Human Rights and necessary to protect the administration of justice.

Citation
[2005] EWHC 1254 (Admin)
Parties
Claimant: H M Attorney-General; Defendant: Gedaljahu Ebert
Jurisdiction
England and Wales
Judgment Date
24 May 2005
Procedural Posture
Application for Injunctive Relief and Extension of Civil Proceedings Order Under Section 42 of the Supreme Court Act 1981 / Judgment on Application for Extension and Further Injunctive Relief
Outcome
Application granted; orders made as sought by the Attorney-General; permission to appeal refused.
Legal Topics
Vexatious Litigants, Injunctions, Abuse of Process, Access to Courts, Section 42 Supreme Court Act 1981, Court Administration
Civil Procedure Public Law Vexatious Litigants Injunctions Abuse of Process Access to Courts Section 42 Supreme Court Act 1981 Court Administration

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Parties

H M Attorney-General

Claimant

Gedaljahu Ebert

Defendant

Procedural Posture

Application for Injunctive Relief and Extension of Civil Proceedings Order Under Section 42 of the Supreme Court Act 1981 / Judgment on Application for Extension and Further Injunctive Relief

Legal Issues

  1. 1 Whether to extend and widen the existing civil proceedings order and injunction against Mr Ebert under section 42 of the Supreme Court Act 1981
  2. 2 Whether to restrain Mr Ebert from abusive communications with court staff and judges
  3. 3 Whether to bar Mr Ebert from making further applications relating to his bankruptcy and associated matters

Ratio Decidendi

Given Mr Ebert's extreme and persistent vexatious litigation, repeated abusive communications, and refusal to desist despite prior orders, the court is justified in extending and widening the existing civil proceedings order and injunction indefinitely, restraining further abusive communications, and barring further applications relating to his bankruptcy and associated matters. Such orders are compatible with the European Convention on Human Rights and necessary to protect the administration of justice.

Court Disposition

Application granted; orders made as sought by the Attorney-General; permission to appeal refused.

Orders

  • Extension and widening of the civil proceedings order and injunction against Mr Ebert without limit of time.
  • Mr Ebert restrained from abusive or insulting communications with court staff and judges.