Vexatious Litigation - Is The End Near?

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Created: Thursday, February 15 2018 03:04

In the case of McMahon .v. Bank of Scotland {2017} the High Court granted summary judgment to the Defendant Bank and dismissed the Plaintiffs claim on the grounds that the Plaintiffs proceedings were frivolous, vexatious and unmeritorious.

In the case in question, the Plaintiffs (representing themselves) instituted proceedings challenging the appointment of a Receiver over a number of investment properties. Following six days of a hearing, the Court decided that there was no merit to the Plaintiffs claim and that they had no arguable defence to the Banks application to dismiss the case.

The court also noted that, as lay litigants, the Plaintiffs had no legal fees to pay and had an attitude of entitlement to the courts time. In dismissing the Plaintiffs claim, the High Court stated that the Plaintiffs actions in frustrating the proceedings was tantamount to an abuse of courts process and a waste of court time & public resources.

The High Court also granted an Issac Wunder order which prohibited the Plaintiffs from issuing any fresh proceedings relating to the case/properties in question, without the leave of the Court.