Her Majesty's Attorney General v Mahon

Her Majesty's Attorney General v Mahon

Mr Mahon habitually and persistently instituted vexatious civil proceedings and made vexatious applications without reasonable grounds, fulfilling the statutory criteria for a section 42 order. His conduct, especially towards private individuals, constituted an abuse of the legal system, justifying a 12-year civil proceedings order.

Parties
Claimant: Her Majesty's Attorney General; Defendant: Kevin Mahon
Jurisdiction
England and Wales
Judgment Date
08 October 2003
Procedural Posture
Application for Civil Proceedings Order (vexatious Litigant) / Final Judgment
Outcome
Application granted
Legal Topics
Vexatious Litigants, Civil Proceedings Order, Abuse of Process

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Kevin Mahon

Defendant

Procedural Posture

Application for Civil Proceedings Order (vexatious Litigant) / Final Judgment

  1. 1 Whether Mr Mahon has habitually and persistently instituted vexatious civil proceedings or made vexatious applications within proceedings under section 42 of the Supreme Court Act 1981
  2. 2 Whether the statutory criteria for making a section 42 order are fulfilled

Ratio Decidendi

Mr Mahon habitually and persistently instituted vexatious civil proceedings and made vexatious applications without reasonable grounds, fulfilling the statutory criteria for a section 42 order. His conduct, especially towards private individuals, constituted an abuse of the legal system, justifying a 12-year civil proceedings order.

Court Disposition

Application granted

Orders

  • Civil Proceedings Order made against Kevin Mahon for a period of 12 years under section 42 of the Supreme Court Act 1981
  • No order as to costs