The Reverend Paul Williamson v The Bishop of London & Ors

The Reverend Paul Williamson v The Bishop of London & Ors

Proceedings commenced in breach of a civil proceedings order under section 42(1A) Senior Courts Act 1981, without obtaining the required leave of the High Court, are a nullity and cannot be retrospectively validated. The statutory intention is to impose a jurisdictional bar, not a procedural one, to protect courts and respondents from vexatious litigation.

Parties
Appellant: The Reverend Paul Williamson; Respondents: The Bishop of London and Others
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Vexatious Litigants, Jurisdictional Bars, Leave to Institute Proceedings, Employment Discrimination, Limitation Periods
Civil Procedure Employment Law Vexatious Litigants Jurisdictional Bars Leave to Institute Proceedings Employment Discrimination Limitation Periods

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Parties

The Reverend Paul Williamson

Appellant

The Bishop of London and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether proceedings commenced in breach of a civil proceedings order under section 42(1A) Senior Courts Act 1981 are a nullity or may be stayed pending leave
  2. 2 Whether the statutory requirement for leave is jurisdictional or procedural

Ratio Decidendi

Proceedings commenced in breach of a civil proceedings order under section 42(1A) Senior Courts Act 1981, without obtaining the required leave of the High Court, are a nullity and cannot be retrospectively validated. The statutory intention is to impose a jurisdictional bar, not a procedural one, to protect courts and respondents from vexatious litigation.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.