Attorney General v Benton

Attorney General v Benton

The defendant's persistent and habitual institution of vexatious proceedings, the absence of any logical basis for a time limitation, and the lack of evidence that his conduct would abate in the future justified the making of an unlimited civil proceedings order. The Tennal Group Litigation claim was excluded from the ambit of the order, and permission was granted for the defendant to apply to join that litigation.

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 / Judgment
Outcome
unlimited civil proceedings order made against the defendant; permission granted to apply to join Tennal Group Litigation
Legal Topics
Vexatious Litigants, Civil Proceedings Order, Section 42 Supreme Court Act 1981
Civil Procedure Vexatious Litigants 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 / 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

The defendant's persistent and habitual institution of vexatious proceedings, the absence of any logical basis for a time limitation, and the lack of evidence that his conduct would abate in the future justified the making of an unlimited civil proceedings order. The Tennal Group Litigation claim was excluded from the ambit of the order, and permission was granted for the defendant to apply to join that litigation.

Court Disposition

unlimited civil proceedings order made against the defendant; permission granted to apply to join Tennal Group Litigation

Orders

  • An unlimited civil proceedings order is made against Paul Benton 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.