PART 3CIVIL PROCEDURE

CHAPTER 6VEXATIOUS PROCEEDINGS

I1101Vexatious litigation orders: further provision

1

The Inner House may make a vexatious litigation order in relation to a person only if satisfied that the person has habitually and persistently, without any reasonable ground for doing so—

a

instituted vexatious civil proceedings, or

b

made vexatious applications to the court in the course of civil proceedings (whether or not instituted by the person).

2

For the purpose of subsection (1), it does not matter whether the proceedings—

a

were instituted in Scotland or elsewhere,

b

involved the same parties or different parties.

3

A copy of a vexatious litigation order must be published in the Edinburgh Gazette.

4

A judge of the Outer House may grant permission to a vexatious litigant to institute civil proceedings or, as the case may be, to take a step in such proceedings only if satisfied that there is a reasonable ground for the proceedings or the taking of the step.

5

The decision of the judge to refuse to grant permission under subsection (4) is final.

6

Subsection (7) applies in relation to civil proceedings instituted in any court by a vexatious litigant before the Inner House makes a vexatious litigation order in relation to the vexatious litigant.

7

The court may make such order as it sees fit in consequence of the vexatious litigation order.

8

In subsection (7), “the court” means—

a

the court which is dealing with the proceedings,

b

in the case of proceedings in the sheriff court, the sheriff.