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(b)
The position in England and Wales
Section 27 is closely based on section 51 of the Supreme Court of Judicature
(Consolidation) Act 1925 in England and Wales. Section 51 was replaced in that
jurisdiction by section 42 of the Supreme Court Act 1981 which introduces a number
of changes :-
(a)
It adds as grounds for a vexatious litigant order, the making of vexatious
applications in any civil proceedings in any court (whether instituted by him or
another) and also the bringing of vexatious criminal prosecutions.
(b)
It allows a vexatious litigant to be restrained from making any application (other
than one for leave under section 42) in any civil proceedings instituted in any
court by any person, without the court's leave.
(c)
It raises the threshold for granting a vexatious litigant leave to issue fresh
proceedings or for making a fresh application, requiring the court to be satisfied
that the proceedings or application are not an abuse of the process and that there
are reasonable
– not just prima facie
– grounds for the proceedings or
application.
(d)
It makes it clear that such orders can either be made for specific periods or
remain in force indefinitely.
(e)
It also makes it clear that there is no appeal against a refusal of leave under the
section.
These are all plainly desirable amendments. The law in England and Wales has,
however, been developed even further by the judges.
Notes
Further discussion of such vexatious criminal prosecutions is not required in the present context.
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