Attorney General v Lewis

Attorney General v Lewis

There is overwhelming evidence that Mr Lewis has habitually and persistently and without reasonable ground instituted vexatious civil proceedings. Previous restraint orders have failed to prevent further abuse. The criteria in section 42(1) of the Supreme Court Act 1981 are amply satisfied, and the court exercises its discretion to make a civil proceedings order.

Parties
Claimant: Her Majesty's Attorney General; Defendant: Kess Thomas Lewis
Jurisdiction
England and Wales
Judgment Date
17 November 2004
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

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Parties

Her Majesty's Attorney General

Claimant

Kess Thomas Lewis

Defendant

Procedural Posture

Application for Civil Proceedings Order / Judgment

Legal Issues

  1. 1 Whether the defendant has habitually and persistently and without reasonable ground instituted vexatious civil proceedings
  2. 2 Whether the court should exercise its discretion to make a civil proceedings order under section 42 of the Supreme Court Act 1981

Ratio Decidendi

There is overwhelming evidence that Mr Lewis has habitually and persistently and without reasonable ground instituted vexatious civil proceedings. Previous restraint orders have failed to prevent further abuse. The criteria in section 42(1) of the Supreme Court Act 1981 are amply satisfied, and the court exercises its discretion to make a civil proceedings order.

Court Disposition

application granted

Orders

  • A civil proceedings order under section 42 of the Supreme Court Act 1981 is made against Kess Thomas Lewis, restraining him from instituting civil proceedings without leave of the court. The order is unlimited in duration.