Attorney General v Lewis [2004] EWHC 2794 (Admin) (17 November 2004)

Attorney General v Lewis [2004] EWHC 2794 (Admin) (17 November 2004)

The defendant has habitually and persistently and without reasonable ground instituted vexatious civil proceedings, causing inconvenience and expense to others and abusing court resources. Civil restraint orders have failed to prevent further litigation. The criteria under section 42 of the Supreme Court Act 1981 are satisfied and the court's discretion should be exercised to make a civil proceedings order.

Citation
[2004] EWHC 2794 (Admin)
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 / Final Judgment
Outcome
civil proceedings order granted under section 42 of the Supreme Court Act 1981
Legal Topics
Vexatious Litigation, Civil Restraint Orders, Abuse of Process
Civil Procedure Vexatious Litigation Civil Restraint Orders Abuse of Process

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Parties

Her Majesty's Attorney General

Claimant

Kess Thomas Lewis

Defendant

Procedural Posture

Application for Civil Proceedings Order / Final 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

The defendant has habitually and persistently and without reasonable ground instituted vexatious civil proceedings, causing inconvenience and expense to others and abusing court resources. Civil restraint orders have failed to prevent further litigation. The criteria under section 42 of the Supreme Court Act 1981 are satisfied and the court's discretion should be exercised to make a civil proceedings order.

Court Disposition

civil proceedings order granted under section 42 of the Supreme Court Act 1981

Orders

  • Civil proceedings order made restraining Kess Thomas Lewis from instituting civil proceedings without leave of the court; order is unlimited in duration.