Attorney General v Bhamjee [2003] EWHC 3114 (Admin) (08 December 2003)

Attorney General v Bhamjee [2003] EWHC 3114 (Admin) (08 December 2003)

Mr Bhamjee has habitually, persistently, and without reasonable ground instituted vexatious civil proceedings and applications, fulfilling the statutory preconditions for a civil proceedings order under section 42 of the Supreme Court Act 1981. The court's discretion is properly exercised in making an order without time limit to prevent further abuse.

Citation
[2003] EWHC 3114 (Admin)
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 / Final Judgment
Outcome
civil proceedings order made against Mr Bhamjee without time limit; leave to appeal refused
Legal Topics
Vexatious Litigation, Civil Restraint Orders, Abuse of Process
Civil Procedure Vexatious Litigation Civil Restraint Orders Abuse of Process

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Ismail Bhamjee

Defendant

Procedural Posture

Application for Civil Proceedings Order / Final Judgment

Legal Issues

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

Ratio Decidendi

Mr Bhamjee has habitually, persistently, and without reasonable ground instituted vexatious civil proceedings and applications, fulfilling the statutory preconditions for a civil proceedings order under section 42 of the Supreme Court Act 1981. The court's discretion is properly exercised in making an order without time limit to prevent further abuse.

Court Disposition

civil proceedings order made against Mr Bhamjee without time limit; leave to appeal refused

Orders

  • Civil proceedings order under section 42 Supreme Court Act 1981 against Mr Bhamjee without time limit
  • Leave to appeal to House of Lords refused