If you are involved in a legal dispute with someone who constantly files frivolous lawsuits or applications, you may wonder how to get them declared a vexatious litigant.
A vexatious litigants abuse the judicial process by bringing claims that have no merit, are intended to harass or delay the other party, or are repetitive or unreasonable.
Vexatious litigants can cause significant inconvenience, stress, and expense to their opponents and the courts.
Fortunately, there are some legal remedies available to stop vexatious litigants from pursuing further actions without permission.
In this article, I will explain what a vexatious litigant is, what it means to be litigious, how to get someone declared a vexatious litigant, what is a vexatious reason, how to stop a vexatious litigant, and whether a vexatious litigant can file an appeal.
What is a vexatious litigant?
A vexatious litigant is a person who engages in vexatious litigation, which is legal action that is brought solely to harass or subdue an adversary.
It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter that is otherwise a valid cause of action.
Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.
A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious.
Rather, a pattern of vexatious behavior is typically required to warrant such a declaration.
Some factors that courts may consider in determining whether a litigant is vexatious include:
- The number and frequency of lawsuits or applications filed by the litigant
- The nature and content of the lawsuits or applications
- The outcome and merit of the lawsuits or applications
- The motive and purpose of the litigant in filing the lawsuits or applications
- The impact and effect of the lawsuits or applications on the other party and the court
What does it mean to be litigious?
To be litigious means to be prone to engage in lawsuits or legal maneuvers, especially to an excessive degree.
A litigious person may file lawsuits that are frivolous, burdensome, and/or unwarranted, and that have little or no chance of success
A litigious person may also file lawsuits that are based on valid claims, but that are pursued in an unreasonable or aggressive manner.
Being litigious is not necessarily the same as being vexatious, although the two terms are often used interchangeably.
A vexatious litigant is always litigious, but a litigious person may not always be vexatious.
For example, a person who files multiple lawsuits for legitimate reasons, such as enforcing contractual rights or seeking compensation for injuries, may be considered litigious but not vexatious.
However, if the same person files multiple lawsuits for illegitimate reasons, such as harassing or intimidating another party or abusing the court system, then they may be considered vexatious as well as litigious.
How to get someone declared a vexatious litigant
There are different ways to get someone declared a vexatious litigant depending on the jurisdiction and the type of court involved.
Generally speaking, there are two main methods: applying for a civil restraint order (CRO) or applying for an order under the Vexatious Litigants Act.
A CRO is an order that restrains a person from making further claims or applications in certain courts or proceedings without first obtaining permission from a designated judge.
There are three types of CROs: limited, extended, and general.
A limited CRO applies to specific proceedings in which the person has made two or more unmeritorious applications.
An extended CRO applies to any proceedings in specified courts relating to the same subject matter as previous unmeritorious claims or applications.
A general CRO applies to all civil proceedings in any court and can only be granted by the Court of Appeal.
A CRO can be applied for by any party who has been subjected to vexatious litigation by another person.
The application must be supported by evidence showing that the person has engaged in persistent and unreasonable litigation conduct.
The court will consider various factors in deciding whether to grant a CRO, such as:
- The number and nature of previous claims or applications made by the person
- The grounds and arguments raised by the person
- The outcome and merit of previous claims or applications
- The effect and impact of previous claims or applications on the other party and the court
- The reasons and motives of the person in making previous claims or applications
A CRO can last for up to two years and can be renewed for another two years if necessary.
A breach of a CRO can result in contempt of court, which can lead to fines or imprisonment.
An order under the Vexatious Litigants Act is an order that prohibits a person from instituting any civil proceedings in any court without the consent of the Attorney General or the Solicitor General.
This order can only be granted by the High Court on the application of the Attorney General or the Solicitor General.
The application must be based on public interest and must be supported by evidence showing that the person has habitually and persistently instituted vexatious proceedings.
An order under the Vexatious Litigants Act is a very serious measure and is rarely used.
It effectively bars a person from accessing the court system for any civil matter, unless they can persuade the Attorney General or the Solicitor General to grant them permission.
A breach of this order can also result in contempt of court.
What is a vexatious reason?
A vexatious reason is a reason that is given for filing a lawsuit or an application that is not genuine, sincere, or valid, but rather intended to harass, annoy, or delay the other party or the court.
It may be based on false or misleading facts, irrelevant or immaterial issues, or malicious or spiteful motives.
A vexatious reason may also be based on a misunderstanding or misinterpretation of the law or the facts.
Some examples of vexatious reasons are:
- Filing a lawsuit or an application to retaliate against another party for a personal grudge or a previous dispute
- Filing a lawsuit or an application to prevent another party from pursuing their legitimate rights or interests
- Filing a lawsuit or an application to prolong or complicate an existing proceeding
- Filing a lawsuit or an application to obtain an advantage or a benefit that is not legally entitled
- Filing a lawsuit or an application to abuse, intimidate, or coerce another party or the court
How to stop a vexatious litigant
If you are faced with a vexatious litigant, there are some steps you can take to stop them from continuing their vexatious litigation.
- Seek legal advice from a qualified lawyer who can advise you on your rights and options
- Respond promptly and firmly to any claims or applications made by the vexatious litigant and challenge their merit and validity
- Apply for a CRO or an order under the Vexatious Litigants Act if the vexatious litigant has shown a pattern of vexatious behavior
- Report any breaches of CROs or orders under the Vexatious Litigants Act to the court and seek sanctions for contempt of court
- Seek costs orders against the vexatious litigant for any unreasonable or wasted expenses incurred as a result of their vexatious litigation
- Seek damages for any losses or harm suffered as a result of their vexatious litigation
- Seek injunctive relief to restrain the vexatious litigant from contacting you or interfering with your affairs
Can a vexatious litigant file an appeal?
A vexatious litigant can file an appeal against any adverse decision made by the court, such as a dismissal of their claim, a grant of summary judgment, a strike out of their action, or a refusal of permission to proceed.
However, if the vexatious litigant is subject to a CRO or an order under the Vexatious Litigants Act, they will need to obtain permission from the appellate court before filing an appeal.
The appellate court will only grant permission if it is satisfied that there is some merit in the appeal and that it is not frivolous or abusive.
If the vexatious litigant files an appeal without permission, the appellate court may dismiss it as being out of time, out of jurisdiction, or out of order.
The appellate court may also impose sanctions on the vexatious litigant for filing an unauthorized appeal, such as costs orders, contempt orders, or further CROs.
Conclusion
Vexatious litigation is a serious problem that can cause significant inconvenience, stress, and expense to both parties and courts.
It can also undermine the integrity and efficiency of the civil justice system.
Therefore, it is important to know how to get someone declared a vexatious litigant and how to stop them from pursuing further actions without permission.
There are various legal remedies available to deal with vexatious litigants, such as CROs and orders under the Vexatious Litigants Act.
These remedies are designed to balance the rights and interests of both parties and to protect the public interest in fair and orderly litigation.