Attorney General v Simmons

Attorney General v Simmons

The respondent has habitually and persistently, and without any reasonable ground, instituted vexatious civil proceedings and made vexatious applications in civil proceedings. The court is satisfied this is an appropriate case to exercise its discretion to make a Civil Proceedings Order under section 42, without limit of time, extending to proceedings in the respondent's name or in the name of any other person, including his wife.

Parties
Claimant: Her Majesty's Attorney General; Defendant: Kenneth Simmons
Jurisdiction
England and Wales
Judgment Date
26 June 2003
Procedural Posture
Civil / Application for Civil Proceedings Order Under Section 42 of the Supreme Court Act 1981
Outcome
Civil Proceedings Order granted without limit of time
Legal Topics
Vexatious Litigation, Civil Proceedings Order, Abuse of Process
Civil Procedure Vexatious Litigation Civil Proceedings Order 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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty's Attorney General

Claimant

Kenneth Simmons

Defendant

Procedural Posture

Civil / Application for Civil Proceedings Order Under Section 42 of the Supreme Court Act 1981

Legal Issues

  1. 1 Whether the respondent has habitually and persistently, and without any reasonable ground, instituted vexatious civil proceedings or made vexatious applications in civil proceedings under section 42 of the Supreme Court Act 1981
  2. 2 Whether a Civil Proceedings Order should be made against the respondent, and if so, whether it should be limited in time

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 is satisfied this is an appropriate case to exercise its discretion to make a Civil Proceedings Order under section 42, without limit of time, extending to proceedings in the respondent's name or in the name of any other person, including his wife.

Court Disposition

Civil Proceedings Order granted without limit of time

Orders

  • Civil Proceedings Order made under section 42 of the Supreme Court Act 1981 against Kenneth Simmons, extending to proceedings in his name or in the name of any other person, including his wife