HER MAJESTY'S ADVOCATE v. JAMES DUFF FOR AN ORDER UNDER THE VEXATIOUS ACTIONS (SCOTLAND) ACT 1898 [2013] ScotCS CSIH_50 (12 June 2013)

HER MAJESTY'S ADVOCATE v. JAMES DUFF FOR AN ORDER UNDER THE VEXATIOUS ACTIONS (SCOTLAND) ACT 1898 [2013] ScotCS CSIH_50 (12 June 2013)

The respondent has habitually and persistently raised actions and appeals, all dismissed as irrelevant, incompetent, or lacking specification, with repeated allegations unsupported by evidence. The cumulative effect justifies an order under section 1 of the Vexatious Actions (Scotland) Act 1898 to protect the interests of justice, opponents, and court resources.

Citation
[2013] ScotCS CSIH_50
Parties
Petitioner: The Right Honourable Elish Angiolini QC, Her Majesty's Advocate; Respondent: James Duff
Jurisdiction
Scotland
Judgment Date
12 June 2013
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Vexatious Litigation, Access to Justice, Abuse of Process
Civil Procedure Vexatious Litigation Access to Justice Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

The Right Honourable Elish Angiolini QC, Her Majesty's Advocate

Petitioner

James Duff

Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the respondent has habitually and persistently instituted vexatious legal proceedings without reasonable ground under the Vexatious Actions (Scotland) Act 1898

Ratio Decidendi

The respondent has habitually and persistently raised actions and appeals, all dismissed as irrelevant, incompetent, or lacking specification, with repeated allegations unsupported by evidence. The cumulative effect justifies an order under section 1 of the Vexatious Actions (Scotland) Act 1898 to protect the interests of justice, opponents, and court resources.

Court Disposition

petition granted

Orders

  • Respondent declared a vexatious litigant under section 1 of the Vexatious Actions (Scotland) Act 1898
  • No legal proceedings to be instituted by respondent in any court without leave of a judge sitting in the Outer House on the Bills in the Court of Session