THE RT HON DOROTHY BAIN, KC, HIS MAJESTY'S ADVOCATE FOR AN ORDER UNDER SECTION 100 OF THE COURTS REFORM (SCOTLAND) ACT 2014 IN RESPECT OF FORBES BRUCE SIME [2023] ScotCS CSIH_23 (08 June 2023)

THE RT HON DOROTHY BAIN, KC, HIS MAJESTY'S ADVOCATE FOR AN ORDER UNDER SECTION 100 OF THE COURTS REFORM (SCOTLAND) ACT 2014 IN RESPECT OF FORBES BRUCE SIME [2023] ScotCS CSIH_23 (08 June 2023)

The respondent has habitually and persistently instituted civil proceedings and made applications to the court without any reasonable ground, all of which lacked substantive merit and were attempts to re-litigate previously determined matters. The proceedings were vexatious, and it is in the interests of justice to grant the order sought.

Citation
[2023] ScotCS CSIH_23
Parties
Petitioner: THE RT HON DOROTHY BAIN, KC, HIS MAJESTY'S ADVOCATE; Respondent: FORBES BRUCE SIME
Jurisdiction
Scotland
Judgment Date
08 June 2023
Procedural Posture
Petition for Vexatious Litigant Order / Final Judgment
Outcome
Petition granted
Legal Topics
Vexatious Litigation, Court Access Restrictions, Abuse of Process
Civil Procedure Vexatious Litigation Court Access Restrictions Abuse of Process

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Parties

THE RT HON DOROTHY BAIN, KC, HIS MAJESTY'S ADVOCATE

Petitioner

FORBES BRUCE SIME

Respondent

Procedural Posture

Petition for Vexatious Litigant Order / Final Judgment

Legal Issues

  1. 1 Whether the respondent has habitually and persistently instituted vexatious civil proceedings or made vexatious applications without reasonable ground under section 101 of the Courts Reform (Scotland) Act 2014

Ratio Decidendi

The respondent has habitually and persistently instituted civil proceedings and made applications to the court without any reasonable ground, all of which lacked substantive merit and were attempts to re-litigate previously determined matters. The proceedings were vexatious, and it is in the interests of justice to grant the order sought.

Court Disposition

Petition granted

Orders

  • Vexatious litigant order made against Forbes Bruce Sime under section 100 of the Courts Reform (Scotland) Act 2014
  • Expenses of process awarded in favour of the Lord Advocate