Johnson, R (on the application of) v Attorney General

Johnson, R (on the application of) v Attorney General

The omission of the seal on the Notice of Motion was an irregularity, not a nullity, and did not cause actual prejudice to the applicant. The applicant participated in the proceedings and knew the nature of the order. The time for setting aside the order has long passed, and justice does not require reconsideration or setting aside the order.

Parties
Applicant: Kenneth Johnson; Respondent: Attorney General
Jurisdiction
England and Wales
Judgment Date
29 June 2005
Procedural Posture
Judicial Review / Judgment
Outcome
application dismissed
Legal Topics
Vexatious Litigant, Irregularity in Service, Setting Aside Orders
Civil Procedure Vexatious Litigant Irregularity in Service Setting Aside Orders

Case Brief

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Parties

Kenneth Johnson

Applicant

Attorney General

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the absence of a court seal on the Notice of Motion invalidates the vexatious litigant order
  2. 2 Whether the proceedings should be set aside for irregularity

Ratio Decidendi

The omission of the seal on the Notice of Motion was an irregularity, not a nullity, and did not cause actual prejudice to the applicant. The applicant participated in the proceedings and knew the nature of the order. The time for setting aside the order has long passed, and justice does not require reconsideration or setting aside the order.

Court Disposition

application dismissed

Orders

  • application to set aside the order refused
  • permission to appeal refused