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"In spite of the
courts' inherent rights to control proceedings, there is an understandable reluctance to
terminate the right to litigate. The Commission recommends new legislation for dealing
with litigants who use the justice system to abuse others. Unreasonable litigants are
people who litigate in a manner that may abuse opposing parties and other participants in
the justice system. These litigants may or may not be legally represented. They often
engage in 'solicitor shopping' and excessive interlocutory and pre-trial manoeuvres. They
may raise spurious claims or defences, flout time limits to cause delays, pursue
unmeritorious applications, refuse reasonable settlement offers, fail to pay orders for
costs and launch frivolous appeals. The conduct of unreasonable litigants impinges on the
effectiveness and efficiency of the justice system and makes the process of litigation
more expensive and protracted for everyone." (Note 139) |