HM Attorney General v Ebert [2000] EWHC Admin 286 (31 January 2000)

HM Attorney General v Ebert [2000] EWHC Admin 286 (31 January 2000)

Mr Ebert's conduct since July 1997 constitutes habitual and persistent vexatious litigation, repeatedly re-litigating issues conclusively determined against him, making baseless allegations, and abusing court process. The public interest requires barring him from instituting or continuing civil proceedings without leave under s.42 Supreme Court Act 1981.

Citation
[2000] EWHC Admin 286
Parties
Applicant: HM Attorney General; Respondent: Gedaljahu Ebert
Jurisdiction
England and Wales
Judgment Date
31 January 2000
Procedural Posture
Application for Civil Proceedings Order Under S.42 Supreme Court Act 1981 / Final Determination
Outcome
Civil proceedings order granted against Mr Ebert under s.42 Supreme Court Act 1981.
Legal Topics
Vexatious Litigation, Abuse of Process, Assignment of Judgment Debt, Bankruptcy Proceedings, Grepe V Loam Orders
Civil Procedure Bankruptcy Insolvency Vexatious Litigation Abuse of Process Assignment of Judgment Debt Bankruptcy Proceedings Grepe V Loam Orders

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Parties

HM Attorney General

Applicant

Gedaljahu Ebert

Respondent

Procedural Posture

Application for Civil Proceedings Order Under S.42 Supreme Court Act 1981 / Final Determination

Legal Issues

  1. 1 Whether Mr Ebert has habitually and persistently instituted vexatious civil proceedings without reasonable ground
  2. 2 Whether a civil proceedings order should be made under s.42 Supreme Court Act 1981

Ratio Decidendi

Mr Ebert's conduct since July 1997 constitutes habitual and persistent vexatious litigation, repeatedly re-litigating issues conclusively determined against him, making baseless allegations, and abusing court process. The public interest requires barring him from instituting or continuing civil proceedings without leave under s.42 Supreme Court Act 1981.

Court Disposition

Civil proceedings order granted against Mr Ebert under s.42 Supreme Court Act 1981.

Orders

  • No civil proceedings shall be instituted in any court by Mr Ebert without leave of the High Court.
  • Any civil proceedings instituted by Mr Ebert before the order shall not be continued without leave of the High Court.