Attorney General v Burgess
Mr Burgess has habitually and persistently instituted vexatious proceedings and applications without reasonable grounds, and an all proceedings order of indefinite duration is necessary to prevent further abuse of the court process.
- Parties
- Claimant: Her Majesty's Attorney-General; Defendant: Ralph Burgess
- Jurisdiction
- England and Wales
- Judgment Date
- 14 July 2004
- Procedural Posture
- Application / Final Hearing
- Outcome
- application granted
- Legal Topics
- Vexatious Litigation, All Proceedings Order, Section 42 Supreme Court Act 1981
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty's Attorney-General
Claimant
Ralph Burgess
Defendant
Procedural Posture
Application / Final Hearing
Legal Issues
- 1 Whether Mr Burgess has habitually and persistently instituted vexatious proceedings without reasonable grounds
- 2 Whether an all proceedings order under section 42 Supreme Court Act 1981 should be made
Ratio Decidendi
Mr Burgess has habitually and persistently instituted vexatious proceedings and applications without reasonable grounds, and an all proceedings order of indefinite duration is necessary to prevent further abuse of the court process.
Court Disposition
application granted
Orders
- An all proceedings order of indefinite duration is made against Mr Burgess under section 42 of the Supreme Court Act 1981.
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