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P906/20 List of Authorities for the Petitioner in Respect Of

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P906/20 List of Authorities for the Petitioner in Respect Of 1 IN THE COURT OF SESSION Court Ref: P906/20 LIST OF AUTHORITIES FOR THE PETITIONER IN RESPECT OF THE SINGLE BILLS HEARING in the PETITION of THE RIGHT HONOURABLE W. JAMES WOLFFE QC, HER MAJESTY’S ADVOCATE, Crown Office, 25 Chambers Street, Edinburgh, EH1 1LA PETITIONER for an order under section 100 of the Courts Reform (Scotland) Act 2014 Statutory provisions 1. Vexatious Actions (Scotland) Act 1898 2. Senior Courts Act 1981, section 42 3. Courts Reform (Scotland) Act 2014, sections 100-101 Court rules 4. Chapter 38 of the Rules of the Court of Session Cases 5. Lord Advocate v Cooney 1984 SLT 434 at 434 6. Attorney-General v Wentworth (1988) 14 NSWLR 481 at 492 7. Attorney General v Barker [2000] 2 WLUK 602, §19 8. Attorney General v Covey [2001] EWCA Civ 254, §56 9. Attorney-General v Collier [2001] NZAR 137, §36 10. Attorney General v Purvis [2003] EWHC 3190 (Admin), §29-§30 11. HM Advocate v Frost 2007 SC 215, §30 12. Lord Advocate v McNamara 2009 SC 598, §§8, 31-33, 36, 38, 40 13. Sans Souci Limited v VRL Services Limited [2012] UKPC 6, §13 14. Lord Advocate v Duffy [2013] CSIH 50, §37 15. Lord Advocate v Aslam [2019] CSIH 17, §§7-8, 10 16. Attorney General v Gayle-Childs [2020] EWHC 3811 (QB), §§27-28 1 Vexatious Actions (Scotland) Act 1898 c. 35 2 Vexatious Actions (Scotland) Act 1898 c. 35 Preamble Superseded Version 1 of 2 12 August 1898 - 27 November 2016 Subjects Civil procedure An Act to prevent vexatious Legal proceedings in Scotland. [12th August 1898] Table of Amendments 2 Preamble Repealed by Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015/700, Sch. 1 para. 1 November 28, 2016 being the date on which 2014 asp.8 comes into force 1 see commencement below Commencement Preamble August 12, 1898 (Royal Assent) Extent Preamble England, Wales, Scotland Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland © 2021 Thomson Reuters. 1 Vexatious Actions (Scotland) Act 1898 c. 35 3 s. 1 Power of Court of Session to prohibit institution of action without leave. Superseded Version 1 of 2 Date not available - 27 November 2016 Subjects Civil procedure Keywords Commencement of proceedings; Court of Session; Jurisdiction; Permission; Vexatious proceedings 1. Power of Court of Session to prohibit institution of action without leave. It shall be lawful for the Lord Advocate to apply to either Division of the Inner House of the Court of Session for an order under this Act, and if he satisfies the Court that any person has habitually and persistently instituted vexatious legal proceedings without any reasonable ground for instituting such proceedings, whether in the Court of Session or in any inferior court, and whether against the same person or against different persons, the Court may order that no legal proceedings shall be instituted by that person in the Court of Session or any other court unless he obtains the leave of [a judge sitting in the Outer House]1 on the Bills in the Court of Session, having satisfied the [judge]2 that such legal proceeding is not vexatious, and that there is prima facie ground for such proceeding. A copy of such order shall be published in the Edinburgh Gazette. Notes 1 Words substituted by virtue of Administration of Justice (Scotland) Act 1933 (c. 41), s. 3(1) 2 Words substituted by virtue of Administration of Justice (Scotland) Act 1933 (c. 41), s. 3(1) Table of Amendments 2 s. 1 Repealed by Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015/700, Sch. 1 para. 1 November 28, 2016 being the date on which 2014 asp.8 comes into force Repealed by Courts Reform (Scotland) Act 2014 asp 18 (Scottish Act), Sch. 5(7) para. 27 November 28, 2016: repeal has effect subject to savings specified in SSI 2016/291 art.3(4) 1 Incorporates amendments made up to February 1, 1991 see commencement below © 2021 Thomson Reuters. 1 Vexatious Actions (Scotland) Act 1898 c. 35 4 Commencement s. 1 August 12, 1898 Extent s. 1 England, Wales, Scotland Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland © 2021 Thomson Reuters. 2 Vexatious Actions (Scotland) Act 1898 c. 35 5 s. 1A Superseded Version 1 of 2 Date not available - 27 November 2016 Subjects Civil procedure Keywords Commencement of proceedings; Court of Session; Finality; Judgments and orders; Jurisdiction; Permission [ 1A. A decision of the Lord Ordinary to refuse leave, under section 1 of this Act, to institute legal proceedings shall be final. ]1 Notes 1 S. 1A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55), s. 19 Table of Amendments 2 s. 1A Repealed by Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015/700, Sch. 1 para. 1 November 28, 2016 being the date on which 2014 asp.8 comes into force Repealed by Courts Reform (Scotland) Act 2014 asp 18 (Scottish Act), Sch. 5(7) para. 27 November 28, 2016: repeal has effect subject to savings specified in SSI 2016/291 art.3(4) 1 Incorporates amendments made up to February 1, 1991 see commencement below Commencement s. 1A Date not available © 2021 Thomson Reuters. 1 Vexatious Actions (Scotland) Act 1898 c. 35 6 Extent s. 1A England, Wales, Scotland Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland © 2021 Thomson Reuters. 2 Vexatious Actions (Scotland) Act 1898 c. 35 7 s. 2 Short title. Superseded Version 1 of 2 12 August 1898 - 27 November 2016 Subjects Civil procedure Keywords Scotland; Short titles; Vexatious proceedings 2. Short title. This Act may be cited as the Vexatious Actions (Scotland) Act 1898. Table of Amendments 2 s. 2 Repealed by Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015/700, Sch. 1 para. 1 November 28, 2016 being the date on which 2014 asp.8 comes into force Repealed by Courts Reform (Scotland) Act 2014 asp 18 (Scottish Act), Sch. 5(7) para. 27 November 28, 2016: repeal has effect subject to savings specified in SSI 2016/291 art.3(4) 1 see commencement below Commencement s. 2 August 12, 1898 Extent s. 2 England, Wales, Scotland Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland © 2021 Thomson Reuters. 1 s. 42 Restriction of vexatious legal proceedings., Senior Courts Act 1981 c. 54 8 Senior Courts Act 1981 c. 54 s. 42 Restriction of vexatious legal proceedings. Law In Force Version 2 of 2 22 April 2014 - Present Subjects Administration of justice; Civil procedure; Criminal procedure; Family law Keywords All proceedings orders; Civil restraint orders; Criminal proceedings orders; Family Court; High Court; Jurisdiction; Vexatious litigants 42.— Restriction of vexatious legal proceedings. (1) If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground— (a) instituted vexatious [civil]1 proceedings, whether in the High Court [ or the family court]2 or any inferior court, and whether against the same person or against different persons; or (b) made vexatious applications in any [civil ]3 proceedings, whether in the High Court [ or the family court]2 or any inferior court, and whether instituted by him or another, [ or (c) instituted vexatious prosecutions (whether against the same person or different persons), ]4 the court may, after hearing that person or giving him an opportunity of being heard, [make a civil proceedings order, a criminal proceedings order or an all proceedings order.]5 [ (1A) In this section— “civil proceedings order” means an order that— (a) no civil proceedings shall without the leave of the High Court be instituted in any court by the person against whom the order is made; © 2021 Thomson Reuters. 1 s. 42 Restriction of vexatious legal proceedings., Senior Courts Act 1981 c. 54 9 (b) any civil proceedings instituted by him in any court before the making of the order shall not be continued by him without the leave of the High Court; and (c) no application (other than one for leave under this section) shall be made by him, in any civil proceedings instituted in any court by any person, without the leave of the High Court; “criminal proceedings order” means an order that— (a) no information shall be laid before a justice of the peace by the person against whom the order is made without the leave of the High Court; and (b) no application for leave to prefer a bill of indictment shall be made by him without the leave of the High Court; and “all proceedings order” means an order which has the combined effect of the two other orders. ]6 (2) An order under subsection (1) may provide that it is to cease to have effect at the end of a specified period, but shall otherwise remain in force indefinitely. (3) Leave for the institution or continuance of, or for the making of an application in, any [civil ]7 proceedings by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the proceedings or application are not an abuse of the process of the court in question and that there are reasonable grounds for the proceedings or application.
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