HM Advocate v Frost [2006] ScotCS CSIH_56 (29 November 2006)

HM Advocate v Frost [2006] ScotCS CSIH_56 (29 November 2006)

The respondent has habitually and persistently instituted vexatious legal proceedings without reasonable grounds, particularly by using assignations to pursue claims as a party litigant, making reckless and unfounded allegations, and abusing court process. The requirements of section 1 of the Vexatious Actions (Scotland) Act 1898 are met, and it is appropriate to exercise the court's discretion to make the order sought.

Citation
[2006] ScotCS CSIH_56
Parties
Petitioner: HER MAJESTY'S ADVOCATE; Respondent: MARTIN FROST
Jurisdiction
Scotland
Judgment Date
29 November 2006
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Vexatious Litigation, Court Access Restrictions, Assignation of Claims, Party Litigants, Abuse of Process
Civil Procedure Public Law Vexatious Litigation Court Access Restrictions Assignation of Claims Party Litigants 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 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

HER MAJESTY'S ADVOCATE

Petitioner

MARTIN FROST

Respondent

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the respondent has habitually and persistently instituted vexatious legal proceedings without any reasonable ground under section 1 of the Vexatious Actions (Scotland) Act 1898
  2. 2 Whether the use of assignations to pursue claims constitutes vexatious litigation
  3. 3 Whether the making of an order under section 1 is compatible with Article 6 ECHR

Ratio Decidendi

The respondent has habitually and persistently instituted vexatious legal proceedings without reasonable grounds, particularly by using assignations to pursue claims as a party litigant, making reckless and unfounded allegations, and abusing court process. The requirements of section 1 of the Vexatious Actions (Scotland) Act 1898 are met, and it is appropriate to exercise the court's discretion to make the order sought.

Court Disposition

petition granted

Orders

  • No legal proceedings shall be instituted by the respondent in the Court of Session, Sheriff Court or any other inferior court unless the respondent first obtains leave of a judge sitting in the Outer House of the Court of Session, having satisfied such a judge that such legal proceedings are not vexatious and that...