Jersey Law 03/2001

 

CIVIL PROCEEDINGS (VEXATIOUS LITIGANTS) (JERSEY) LAW 2001

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A LAW     to empower the Royal Court to restrain vexatious civil proceedings sanctioned by Order of Her Majesty in Council of the

 

14th day of FEBRUARY 2001

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(Registered on the 23rd day of February 2001)

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STATES OF JERSEY

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The 10th day of October 2000

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                THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law -

 

ARTICLE 1

 

                (1)     If, on an application by the Attorney General, the Royal Court is satisfied that a person has in the Royal Court (whether before or after the commencement of this Law) habitually and persistently and without reasonable grounds instituted vexatious civil proceedings, whether against the same person or against different persons or made vexatious applications in civil proceedings, whether instituted by him or another, the Court may, after hearing that person or giving him an opportunity of being heard, order that -

 

                (a)     civil proceedings shall not be instituted by him;

 

                (b)     civil proceedings instituted by him before the making of the order shall not be continued by him;

 

                (c)     an application (other than one for leave under this Article) shall not be made by him in civil proceedings instituted by any person,

 

except with the leave of the Court.

 

                (2)     An order under paragraph (1) of this Article may provide that it shall cease to have effect at the end of a specified period but, if it does not, it shall remain in force indefinitely.

 

                (3)     The Royal Court shall not give leave for the institution or continuance of, or for the making of an application in, civil proceedings by a person who is the subject of an order for the time being in force under paragraph (1) of this Article unless it is satisfied -

 

                (a)     that the proceedings or application are not an abuse of its process; and

 

                (b)     that there are reasonable grounds for the proceedings or the application.

 

ARTICLE 2

               

                This Law may be cited as the Civil Proceedings (Vexatious Litigants) (Jersey) Law 2001.

 

                                                                                      M.N. DE LA HAYE

 

Deputy Greffier of the States.