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Vexatious litigation
Vexatious litigation is legal action which 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 which is otherwise a meritorious 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 frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.
Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and such litigants, therefore, represent themselves in court. Those on the vexatious litigant list are usually either forbidden from any further legal action or are required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies among jurisdictions. In liberal democratic jurisdictions, declaring someone a vexatious litigant is considered to be a serious measure and rarely occurs, as judges and officials are reluctant to curtail a person's access to the courts.
These legal actions occur[dubious – discuss] in some countries of the former British Empire, where the common law system still remains: Australia, Canada, Ireland, New Zealand, UK, and US, which are specified below. Civil (codified/continental) law systems typically do not have a prohibition against vexatious litigation.[citation needed]
The concept of vexatious litigation entered into law in 1896 with the Vexatious Actions Act, enacted in England and soon extended to Scotland and Ireland. This was primarily a response to the actions of Alexander Chaffers, a solicitor who filed numerous actions against leading members of Victorian society. When costs were awarded against him, he failed to pay.
The first such law outside the British Isles, the Supreme Court Act, 1927 was passed in Australia nearly thirty years later. This too was prompted by the behaviour of an individual, Rupert Millane. The first vexatious litigant law in the United States was enacted in California in 1963. By 2007 four more US states had passed similar legislation: Florida, Hawaii, Ohio, and Texas.
In Queensland, the process for having someone declared a vexatious litigant is governed by the Vexatious Proceedings Act 2005, which supplanted an earlier Act. The Act defines a vexatious proceeding to include a proceeding brought without merit or any prospect of success, with the consequence that it is not necessary to prove the existence of any improper motive in order to obtain relief under the Act. As of June 2019[update] there were 26 people found to be vexatious litigants.
In South Australia, vexatious litigation laws were enacted in the mid-1930s with the Supreme Court Act 1935-1936, following similar laws enacted in Victoria. In 2010 the Rann government acted to strengthen the ability of the courts to act against vexatious litigants by "increasing the range of courts and tribunals that can declare people as vexatious". Prior to that date, few people had been banned from bringing litigation to South Australian courts – by 2005, only two people were listed as having been declared as vexatious litigants, the first in 1997 and the second declared during that year. As of June 2019[update] there were 7 people found to be vexatious litigants.
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Vexatious litigation AI simulator
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Vexatious litigation
Vexatious litigation is legal action which 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 which is otherwise a meritorious 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 frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.
Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and such litigants, therefore, represent themselves in court. Those on the vexatious litigant list are usually either forbidden from any further legal action or are required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies among jurisdictions. In liberal democratic jurisdictions, declaring someone a vexatious litigant is considered to be a serious measure and rarely occurs, as judges and officials are reluctant to curtail a person's access to the courts.
These legal actions occur[dubious – discuss] in some countries of the former British Empire, where the common law system still remains: Australia, Canada, Ireland, New Zealand, UK, and US, which are specified below. Civil (codified/continental) law systems typically do not have a prohibition against vexatious litigation.[citation needed]
The concept of vexatious litigation entered into law in 1896 with the Vexatious Actions Act, enacted in England and soon extended to Scotland and Ireland. This was primarily a response to the actions of Alexander Chaffers, a solicitor who filed numerous actions against leading members of Victorian society. When costs were awarded against him, he failed to pay.
The first such law outside the British Isles, the Supreme Court Act, 1927 was passed in Australia nearly thirty years later. This too was prompted by the behaviour of an individual, Rupert Millane. The first vexatious litigant law in the United States was enacted in California in 1963. By 2007 four more US states had passed similar legislation: Florida, Hawaii, Ohio, and Texas.
In Queensland, the process for having someone declared a vexatious litigant is governed by the Vexatious Proceedings Act 2005, which supplanted an earlier Act. The Act defines a vexatious proceeding to include a proceeding brought without merit or any prospect of success, with the consequence that it is not necessary to prove the existence of any improper motive in order to obtain relief under the Act. As of June 2019[update] there were 26 people found to be vexatious litigants.
In South Australia, vexatious litigation laws were enacted in the mid-1930s with the Supreme Court Act 1935-1936, following similar laws enacted in Victoria. In 2010 the Rann government acted to strengthen the ability of the courts to act against vexatious litigants by "increasing the range of courts and tribunals that can declare people as vexatious". Prior to that date, few people had been banned from bringing litigation to South Australian courts – by 2005, only two people were listed as having been declared as vexatious litigants, the first in 1997 and the second declared during that year. As of June 2019[update] there were 7 people found to be vexatious litigants.