Attorney General v Simmons [2003] EWHC 1694 (Admin) (26 June 2003)

Attorney General v Simmons [2003] EWHC 1694 (Admin) (26 June 2003)

The respondent has habitually and persistently, and without any reasonable ground, instituted vexatious civil proceedings and made vexatious applications in civil proceedings; the court exercises its discretion to make a Civil Proceedings Order under section 42 Supreme Court Act 1981 without limit of time.

Citation
[2003] EWHC 1694 (Admin)
Parties
Claimant: Her Majesty's Attorney General; Defendant: Kenneth Simmons
Jurisdiction
England and Wales
Judgment Date
26 June 2003
Procedural Posture
Application for Civil Proceedings Order Under Section 42 Supreme Court Act 1981 / Final Judgment
Outcome
Civil Proceedings Order granted under section 42 Supreme Court Act 1981 without limit of time.
Legal Topics
Vexatious Litigation, Civil Proceedings Order, Section 42 Supreme Court Act 1981
Civil Procedure Public Law Vexatious Litigation Civil Proceedings Order Section 42 Supreme Court Act 1981

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Kenneth Simmons

Defendant

Procedural Posture

Application for Civil Proceedings Order Under Section 42 Supreme Court Act 1981 / Final Judgment

Legal Issues

  1. 1 Whether the respondent has habitually and persistently instituted vexatious civil proceedings or made vexatious applications without reasonable ground
  2. 2 Whether the court should exercise its discretion to make a Civil Proceedings Order under section 42 Supreme Court Act 1981

Ratio Decidendi

The respondent has habitually and persistently, and without any reasonable ground, instituted vexatious civil proceedings and made vexatious applications in civil proceedings; the court exercises its discretion to make a Civil Proceedings Order under section 42 Supreme Court Act 1981 without limit of time.

Court Disposition

Civil Proceedings Order granted under section 42 Supreme Court Act 1981 without limit of time.

Orders

  • Order extends to proceedings in the respondent's name or in the name of any other person, including his wife.