Attorney General v Ratra
The court exercised its discretion to make a civil proceedings order under Section 42 of the Supreme Court Act 1981, finding it appropriate and justified on objective grounds, and rejected the alternative of requiring a litigation friend as insufficient to prevent further vexatious litigation.
- Parties
- Claimant: Her Majesty's Attorney General; Defendant: Ratra
- Jurisdiction
- England and Wales
- Judgment Date
- 23 May 2003
- Procedural Posture
- Application / Judgment
- Outcome
- civil proceedings order made under Section 42 without limit of time
- Legal Topics
- Vexatious Litigant, Mental Health, Court Discretion
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty's Attorney General
Claimant
Ratra
Defendant
Procedural Posture
Application / Judgment
Legal Issues
- 1 Whether the court should exercise its discretion to make a vexatious litigant order under Section 42 of the Supreme Court Act 1981
- 2 Whether an alternative route, such as requiring a litigation friend under part 21(3), is appropriate given the defendant's mental condition
Ratio Decidendi
The court exercised its discretion to make a civil proceedings order under Section 42 of the Supreme Court Act 1981, finding it appropriate and justified on objective grounds, and rejected the alternative of requiring a litigation friend as insufficient to prevent further vexatious litigation.
Court Disposition
civil proceedings order made under Section 42 without limit of time
Orders
- Mr Ratra declared a vexatious litigant under Section 42 of the Supreme Court Act 1981
- Order to remain in force indefinitely
Full Case Text
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