PETITION BY THE LORD ADVOCATE FOR AN ORDER IN TERMS OF SECTION 100 OF THE COURTS REFORM (SCOTLAND) ACT 2014 AGAINST MOHAMMED ASLAM [2019] ScotCS CSIH_17 (22 March 2019)

PETITION BY THE LORD ADVOCATE FOR AN ORDER IN TERMS OF SECTION 100 OF THE COURTS REFORM (SCOTLAND) ACT 2014 AGAINST MOHAMMED ASLAM [2019] ScotCS CSIH_17 (22 March 2019)

The respondent has habitually and persistently instituted vexatious civil proceedings and made vexatious applications without reasonable ground, as evidenced by repeated incompetent and irrelevant actions, refusal to accept judicial decisions, unsatisfied expenses, and increasingly scandalous allegations, thus meeting the statutory test for a vexatious litigant order under section 101(1) of the Courts Reform (Scotland) Act 2014.

Citation
[2019] ScotCS CSIH_17
Parties
Petitioner: The Lord Advocate; Respondent: Mohammed Aslam
Jurisdiction
Scotland
Judgment Date
22 March 2019
Procedural Posture
Petition for Vexatious Litigant Order / Final Judgment
Outcome
petition granted
Legal Topics
Vexatious Litigant Orders, Abuse of Process, Court Access Restrictions
Civil Procedure Court Administration Vexatious Litigant Orders Abuse of Process Court Access Restrictions

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Parties

The Lord Advocate

Petitioner

Mohammed Aslam

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(1) of the Courts Reform (Scotland) Act 2014
  2. 2 Whether the court should exercise its discretion to grant a vexatious litigant order

Ratio Decidendi

The respondent has habitually and persistently instituted vexatious civil proceedings and made vexatious applications without reasonable ground, as evidenced by repeated incompetent and irrelevant actions, refusal to accept judicial decisions, unsatisfied expenses, and increasingly scandalous allegations, thus meeting the statutory test for a vexatious litigant order under section 101(1) of the Courts Reform (Scotland) Act 2014.

Court Disposition

petition granted

Orders

  • The respondent is prohibited from raising proceedings in the Court of Session, Sheriff Court, or any other inferior court without first obtaining permission from a judge of the Court of Session.
  • The respondent is prohibited from appealing any future decision, judgment, or interlocutor in specified proceedings without such permission.