Attorney General v Douglas [2006] EWCA Civ 1560 (01 November 2006)

Attorney General v Douglas [2006] EWCA Civ 1560 (01 November 2006)

The Divisional Court had no realistic alternative but to make the section 42 order given the appellant's history of prolific and vexatious litigation, and the order appropriately balances protection of the courts with the appellant's ability to bring justified proceedings with judicial leave.

Citation
[2006] EWCA Civ 1560
Parties
Claimant/respondent: Her Majesty's Attorney General; Defendant/appellant: Paula Douglas
Jurisdiction
England and Wales
Judgment Date
01 November 2006
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Post Divisional Court Order
Outcome
application refused
Legal Topics
Vexatious Litigant Orders, Section 42 Supreme Court Act 1981, Access to Justice, Impact on Legal Career, Human Rights

Case Brief

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Parties

Her Majesty's Attorney General

Claimant/respondent

Paula Douglas

Defendant/appellant

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Post Divisional Court Order

  1. 1 Whether the Divisional Court erred in making a section 42 order against the appellant
  2. 2 Whether the order improperly interfered with the appellant's legal career and rights under EU and human rights law

Ratio Decidendi

The Divisional Court had no realistic alternative but to make the section 42 order given the appellant's history of prolific and vexatious litigation, and the order appropriately balances protection of the courts with the appellant's ability to bring justified proceedings with judicial leave.

Court Disposition

application refused

Orders

  • permission to appeal refused