Eves v Hambros Bank [2000] JRC 108 (19 June 2000)

Eves v Hambros Bank [2000] JRC 108 (19 June 2000)

The Royal Court possesses an inherent jurisdiction, defined by necessity, to prevent abuse of its process, including the power to restrain vexatious litigants from instituting or continuing proceedings without leave of the Court. This jurisdiction is necessary to maintain the authority of the Court and to prevent its process from being obstructed or abused, even in the absence of statutory provision or prior precedent.

Citation
[2000] JRC 108
Parties
First Plaintiff: David Eves; Second Plaintiff: Helga Maria Eves (née Buchel); Defendant: Hambros Bank (Jersey) Limited; Amicus Curiae: Her Majesty's Attorney General
Jurisdiction
Jersey
Judgment Date
19 June 2000
Procedural Posture
Application Under the Royal Court's Inherent Jurisdiction / Judgment on Preliminary Issue of Jurisdiction
Outcome
Jurisdiction affirmed
Legal Topics
Inherent Jurisdiction, Vexatious Litigation, Abuse of Process, Access to Courts
Civil Procedure Inherent Jurisdiction Vexatious Litigation Abuse of Process Access to Courts

Case Brief

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Parties

David Eves

First Plaintiff

Helga Maria Eves (née Buchel)

Second Plaintiff

Hambros Bank (Jersey) Limited

Defendant

Her Majesty's Attorney General

Amicus Curiae

Procedural Posture

Application Under the Royal Court's Inherent Jurisdiction / Judgment on Preliminary Issue of Jurisdiction

Legal Issues

  1. 1 Whether the Royal Court has inherent jurisdiction to enjoin litigants from commencing or continuing proceedings without leave of the Court

Ratio Decidendi

The Royal Court possesses an inherent jurisdiction, defined by necessity, to prevent abuse of its process, including the power to restrain vexatious litigants from instituting or continuing proceedings without leave of the Court. This jurisdiction is necessary to maintain the authority of the Court and to prevent its process from being obstructed or abused, even in the absence of statutory provision or prior precedent.

Court Disposition

Jurisdiction affirmed

Orders

  • The Royal Court has jurisdiction to grant the relief sought by Hambros Bank; the application may proceed to determination on the merits.