QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE PITCHFORD
|HER MAJESTY'S ATTORNEY GENERAL||(CLAIMANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR O'BRIEN (instructed by KAIM TODNER) appeared on behalf of the DEFENDANT
Crown Copyright ©
"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 proceedings, whether in the High Court or any inferior court, and whether against the same person or against different persons; or
"(b)made vexatious applications in any civil proceedings, whether in the High Court or any inferior court, and whether instituted by him or another; or
"(c)instituted vexatious prosecutions (whether against the same person or different persons),
"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 on order."
In this case, what is sought is a civil proceedings order, which is defined in subsection (1)(a), to which it is unnecessary for me to refer. Subsection (2) provides:
"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."
Mr Jay QC, on behalf of the Attorney General, is seeking an order to remain in force indefinitely. Then subsection (3):
"Leave for the institution or continuance of, or for the making of an application in, any civil 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."
"1. Based on the totality of the information available to me, including previous psychiatric reports, descriptions of Mr Ratra's behaviour during the current proceedings and my interview with him, I am satisfied that he suffers from both a mental illness and a disordered personality.
"2. Given the nature of the symptoms which he described to me at interview, it is likely that Mr Ratra is experiencing a relapse in his psychotic illness. Although there has been disagreement as to the exact nature of this psychotic condition, it is likely that he has paranoid schizophrenia.
"3. The information also strongly suggests that he has a diagnosis of paranoid personality disorder in that he misconstrues every day social interactions in a malevolent manner or at times in an over familiar way. It is this which has led him to be labelled in other reports as a vexatious litigant.
"4. In my opinion, Mr Ratra requires a litigation friend as he is incapable of managing and administrating his own affairs. This is as a result of his mental illness and personality disorder, both being within the meaning of the Mental Health Act 1983.
"5. Mr Ratra is to be admitted under my care at the John Howard Centre next week detained under Section 38 of the Mental Health Act 1983, for treatment and assessment."