QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE BEAN
|HM ATTORNEY GENERAL||(CLAIMANT)|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The Defendant was not represented and did not attend
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
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 order."
The application sought by the Attorney General is for a civil proceedings order, Mr Kumar's litigious activity all having occurred within the civil jurisdiction.
" ..... it has little or no basis in law (or at least no discernible basis); that whatever the intention of the proceeding may be, its effect is to subject the defendant to inconvenience, harassment and expense out of all proportion to any gain likely to accrue to the claimant; and that it involves an abuse of the process of the court, meaning by that a use of the court process for a purpose or in a way which is significantly different from the ordinary and proper use of the court process."
"Non-compliance with a judgment or order
An order which restrains a party from doing an act or requires an act to be done should, if disobedience is to be dealt with by an application to bring contempt of court proceedings, have the penal notice endorsed on it ..... "
That is what this order is. There is a note -