HM Attorney General v Douglas

Parties

Procedural Posture

Application Under Section 42 of the Supreme Court Act 1981 / Judgment on Application for Civil Proceedings Order and Application to Strike Out

Legal Issues

1. 1 Whether the defendant has habitually and persistently instituted vexatious civil proceedings without reasonable ground under section 42 of the Supreme Court Act 1981
2. 2 Whether a civil proceedings order should be made against the defendant
3. 3 Whether previous litigation history can be relied upon in the present application

Ratio Decidendi

Miss Douglas has habitually and persistently instituted vexatious civil proceedings without reasonable ground, both before and after the previous warning and moratorium. The requirements of section 42 of the Supreme Court Act 1981 are satisfied. There is no basis for res judicata or issue estoppel preventing reliance on previous litigation history. A civil proceedings order without limitation of time is appropriate to protect adversaries and the courts.

Court Disposition

Application by the Attorney General granted; application by Miss Douglas to strike out dismissed; civil proceedings order made against Miss Douglas without limitation of time; permission to appeal refused; leave granted to seek permission to appeal from the Court of Appeal; transcript at public expense granted.

Orders

• Civil proceedings order under section 42 Supreme Court Act 1981 made against Paula May Gladys Douglas without limitation of time.
• Application to strike out dismissed.