HM Advocate v Bell [2001] ScotCS 72 (23 March 2001)

HM Advocate v Bell [2001] ScotCS 72 (23 March 2001)

The respondent's repeated litigation on matters already decided, devoid of comprehensible grounds of action, and targeting new parties, constitutes vexatious conduct justifying an order under the 1898 Act. The statutory requirements and orders for caution are not incompatible with Article 6 ECHR.

Citation
[2001] ScotCS 72
Parties
Petitioner: Her Majesty's Advocate; Respondent: James Bell
Jurisdiction
Scotland
Judgment Date
23 March 2001
Procedural Posture
Petition Under the Vexatious Actions (scotland) Act 1898 / Final Judgment
Outcome
petition granted
Legal Topics
Vexatious Litigant, Access to Justice, Court Procedure, Human Rights (article 6 Echr)
Civil Procedure Vexatious Litigant Access to Justice Court Procedure Human Rights (article 6 Echr)

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Parties

Her Majesty's Advocate

Petitioner

James Bell

Respondent

Procedural Posture

Petition Under the Vexatious Actions (scotland) Act 1898 / Final Judgment

Legal Issues

  1. 1 Whether the respondent should be declared a vexatious litigant under the Vexatious Actions (Scotland) Act 1898
  2. 2 Whether the respondent's repeated litigation constitutes abuse of process
  3. 3 Whether the statutory provisions and orders for caution are compatible with Article 6 of the European Convention on Human Rights

Ratio Decidendi

The respondent's repeated litigation on matters already decided, devoid of comprehensible grounds of action, and targeting new parties, constitutes vexatious conduct justifying an order under the 1898 Act. The statutory requirements and orders for caution are not incompatible with Article 6 ECHR.

Court Disposition

petition granted

Orders

  • Respondent declared a vexatious litigant under the Vexatious Actions (Scotland) Act 1898
  • Respondent prohibited from raising further proceedings without leave of a Lord Ordinary