Attorney General v Bhamjee

Mr Bhamjee has habitually and persistently, and without reasonable ground, instituted vexatious civil proceedings and applications. The balance of justice requires a civil proceedings order to protect others from abusive and ill-founded claims. The statutory preconditions for such an order are clearly fulfilled.

Parties: Claimant: Her Majesty's Attorney General; Defendant: Ismail Bhamjee
Jurisdiction: England and Wales
Judgment Date: 08 December 2003
Procedural Posture: Application for Civil Proceedings Order / Judgment
Outcome: application granted
Legal Topics: Vexatious Litigants, Civil Restraint Orders, Abuse of Process

Civil Procedure Vexatious Litigants Civil Restraint Orders Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2

Parties

Her Majesty's Attorney General

Claimant

Ismail Bhamjee

Defendant

Procedural Posture

Application for Civil Proceedings Order / Judgment

Legal Issues

1 Whether Mr Bhamjee has habitually, persistently and without reasonable ground instituted vexatious civil proceedings or made vexatious applications
2 Whether a civil proceedings order under section 42 of the Supreme Court Act 1981 should be made

Ratio Decidendi

Court Disposition

application granted

Orders

A civil proceedings order without time limit is made against Mr Bhamjee under section 42 of the Supreme Court Act 1981, restraining him from instituting civil proceedings without leave of the court.
Leave to appeal to the House of Lords is refused.