Attorney General v Ratra [2003] EWHC 1291 (Admin) (23 May 2003)

Attorney General v Ratra [2003] EWHC 1291 (Admin) (23 May 2003)

Given the persistent and habitual institution of vexatious proceedings by Mr Ratra, and the inadequacy of alternative measures such as requiring a litigation friend, the court exercised its discretion to make an indefinite civil proceedings order under Section 42 of the Supreme Court Act 1981.

Citation
[2003] EWHC 1291 (Admin)
Parties
Claimant: Her Majesty's Attorney General; Defendant: Ratra
Jurisdiction
England and Wales
Judgment Date
23 May 2003
Procedural Posture
Application for Vexatious Litigant Order / Final Judgment
Outcome
application granted
Legal Topics
Vexatious Litigant Orders, Discretion of the Court, Mental Capacity, Litigation Friend
Civil Procedure Mental Health Law Vexatious Litigant Orders Discretion of the Court Mental Capacity Litigation Friend

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Ratra

Defendant

Procedural Posture

Application for Vexatious Litigant Order / Final Judgment

Legal Issues

  1. 1 Whether the court should exercise its discretion to make a vexatious litigant order under Section 42 of the Supreme Court Act 1981 against Mr Ratra
  2. 2 Whether an alternative order under Part 21(3) requiring representation by a litigation friend would suffice

Ratio Decidendi

Given the persistent and habitual institution of vexatious proceedings by Mr Ratra, and the inadequacy of alternative measures such as requiring a litigation friend, the court exercised its discretion to make an indefinite civil proceedings order under Section 42 of the Supreme Court Act 1981.

Court Disposition

application granted

Orders

  • Indefinite civil proceedings order made against Mr Ratra under Section 42 of the Supreme Court Act 1981
  • Detailed assessment and public funding certificate ordered