Attorney General v Benton [2004] EWHC 1952 (Admin) (28 July 2004)

Attorney General v Benton [2004] EWHC 1952 (Admin) (28 July 2004)

Given the defendant's history of persistent and habitual vexatious litigation, lack of evidence that his behaviour will abate, and the need to protect the public and court resources, an unlimited civil proceedings order is justified.

Citation
[2004] EWHC 1952 (Admin)
Parties
Claimant: Her Majesty's Attorney General; Defendant: Paul Benton
Jurisdiction
England and Wales
Judgment Date
28 July 2004
Procedural Posture
Application for Civil Proceedings Order / Final Judgment
Outcome
application granted in part
Legal Topics
Vexatious Litigant, Civil Proceedings Order, Section 42 Supreme Court Act 1981
Civil Procedure Public Law Vexatious Litigant Civil Proceedings Order Section 42 Supreme Court Act 1981

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Paul Benton

Defendant

Procedural Posture

Application for Civil Proceedings Order / Final Judgment

Legal Issues

  1. 1 Whether a civil proceedings order should be made against the defendant under section 42 of the Supreme Court Act 1981
  2. 2 Whether the order should be limited in time or unlimited
  3. 3 Whether permission should be granted for the defendant to apply to join the Tennal Group Litigation

Ratio Decidendi

Given the defendant's history of persistent and habitual vexatious litigation, lack of evidence that his behaviour will abate, and the need to protect the public and court resources, an unlimited civil proceedings order is justified.

Court Disposition

application granted in part

Orders

  • An unlimited civil proceedings order is made against the defendant under section 42 of the Supreme Court Act 1981.
  • The Tennal Group Litigation claims BM 303969 and BM 117029 are excluded from the ambit of the order.