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Vexatious litigation meaning

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What does Vexatious litigation mean?
Vexatious litigation describes bringing (or threatening) proceedings that are baseless, repetitive or pursued for an improper purpose—such as to harass an opponent, extract concessions or hinder a rival—rather than to vindicate a genuine legal right. It is not a single statutory definition, but a descriptive expression recognised across UK and Irish civil procedure and competition law through case law and court practice. In competition law, “sham” litigation by a dominant undertaking can amount to an abuse of a dominant position (Chapter II Competition Act 1998 and/or Article 102 TFEU and the Irish equivalents) where proceedings are manifestly unfounded and used to pressure a weaker party into accepting the dominant company’s terms or to exclude it from the market. The concern is that such claims leave the target with no real option but to comply, or risk breaching its own contractual or legal obligations, without effective redress. Practical consequences include strike-out or dismissal, adverse or indemnity costs, and court orders restricting further claims (e.g. civil restraint or similar orders). In abuse cases, regulatory investigation, fines and follow-on damages may follow. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though procedural tools and terminology vary.
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NEWS
UK Dispute Resolution: Form N215 Update, Court Expansion, Estoppel on Defective Security, Commercial Court Loss Quantification, Costs Orders Including BHP, Scottish Horizon, and Consultations for 29 January 2026

In this issue: Key DR developments Claims and remedies Cost and funding Case management Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court information HMCTS updates Form N215 certificate of service HM Courts & Tribunals Service (HMCTS) has issued a revised English Form N215 Certificate of Service for civil proceedings, which also brings in a new statement of truth. While the layout has been updated, the details required remain unchanged, with extra notes added to assist with completing the form. For further detail, see: HMCTS updates Form N215 certificate of service—LNB News 27/01/2026 36. Additional permanent courtrooms to boost capacity The government will make four former Nightingale Courts in Fleetwood, Telford, Chichester and Cirencester permanent, creating 11 additional courtrooms across England and Wales to increase capacity for criminal, family and civil work and help cut delays. For further detail, see:...

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NEWS
CJCA 2015 s57: harassment anxiety damages are 'personal injury'; EWHC dismisses fundamentally dishonest claim; indemnity costs, QOCS disapplied, civil restraint order; warning for lawyers assisting off the record

Taiwo v Homelets of Bath Ltd [2025] EWHC 3173 (KB) What are the practical implications of this case? For the purposes of CJCA 2015, s 57, a claim seeking damages for anxiety stemming from harassment under the Protection from Harassment Act 1997 is to be treated as a personal injury claim. Consequently, where such a claim is held to be fundamentally dishonest, it must be dismissed unless the court is persuaded that dismissal would lead to substantial injustice. Where fundamental dishonesty is established, the court may: dismiss the whole claim, including components to which no dishonesty is attributed award indemnity costs disapply QOCS protection in respect of enforcement make adverse costs orders for hopeless or abusive appeal conduct The judgment also underlines that persisting with meritless grounds of appeal, particularly in an undisciplined fashion involving repeated applications and iterative documents, can warrant both adverse costs orders and the imposition of a civil restraint order. Finally, lawyers who provide...

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NEWS
Arbitration weekly: Court of Appeal limits affiliate protection and anti-suit relief; section 9 stay test; AI guidance for arbitrators and judges; international rulings, ISDS trends, institutional updates and events

In this issue: Arbitration in England & Wales International Arbitration Investment treaty arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information No Weekly Highlights on 24 April 2025 Arbitration in England & Wales Arbitration clauses and third parties: limits of protection In Renaissance Securities v ILLC Chlodwig Enterprises [2025] EWCA Civ 369, the Court of Appeal refused an appeal for an anti-suit injunction (ASI) to halt Russian claims pursued against the appellant’s affiliates. Although parts of the dispute arose under contracts governed by English law with LCIA arbitration seated in London, the court concluded those promises to arbitrate did not bind non-party affiliates. It also dismissed the contention that the clauses carried an implied negative pledge preventing related litigation elsewhere. Moreover, while recognising the Russian action might be vexatious and/or aimed at sidestepping the arbitration provisions and relevant sanctions,...

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View the related Practice Notes about Vexatious litigation

PRACTICE NOTES
EU competition law in the pharmaceutical sector: market definition, pay-for-delay, pricing abuses, parallel trade, disparagement, regulatory misuse, R&D collaborations, merger control and killer acquisitions

This Practice Note This Practice Note explains how EU competition law applies to common practices within the pharmaceutical sector. Given medicines’ vital role in safeguarding public health and the heavy cost they impose on national healthcare systems, the sector consistently faces scrutiny from the European Commission and national competition authorities. Behaviours that threaten patients’ access to innovative, affordable treatments therefore rapidly attract enforcement attention. Historically, the Commission has prioritised cases on ‘Pay-for-delay’/reverse payment patent settlements. The pharmaceutical sector also has features that set it apart: substantial and high-risk investment to bring a therapy to market; multiple decision-makers shaping therapy choices (eg healthcare professionals (HCPs), pricing and reimbursement authorities, insurers and hospitals); pervasive price controls; the central importance of intellectual property (IP) rights; intensive regulation; and pronounced public and political scrutiny. These conditions influence how market incentives and rivalry function in the pharmaceutical sector, and how EU and national competition authorities seek to oversee the sector and...

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PRACTICE NOTES
2019 civil litigation appeals tracker: key UK appellate courts and CJEU decisions, plus forthcoming appeals

ARCHIVED: This Practice Note has been archived and is not maintained Keeping abreast of case law that shapes a practitioner’s specialism, or influences civil litigation procedure generally, is a persistent challenge for those working in dispute resolution. This Practice Note distils the leading appeal authorities—decisions of the Court of Appeal and Supreme Court, and, where relevant, selected judgments of the Court of Justice of the European Union (CJEU)—that we have reported, giving users straightforward access to those rulings. Use the table of contents in the left margin to browse, or locate items quickly with [CTRL]+[F]. It also sets out a selection of forthcoming appeals, where known, to aid horizon scanning. The material is not intended to be a comprehensive catalogue of every appeal and/or significant decision for dispute resolution practitioners. Key forthcoming appeal cases—2019 Terminating contracts—frustration Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 921 (Ch)—Court of Appeal: permission to appeal granted in the lower court...

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PRACTICE NOTES
Limited Civil Restraint Orders under CPR PD 3C (England and Wales): definition, threshold (two totally without merit applications), decision-makers, effect and duration, permission requirement, and sanctions for breach

This Practice Note sets out what a limited civil restraint order (LCRO) is and the situations in which the court will make one under CPR 2.3 and CPR PD 3C. It outlines the impact of these orders and the ramifications of any non-compliance. It also indicates who may issue a LCRO and the criteria for doing so. Read this alongside Practice Note: Civil restraint orders, which provides general guidance on civil restraint orders (CROs) applicable across all forms of CRO. See also Practice Notes: Extended civil restraint orders, General civil restraint orders, and Civil proceedings orders against vexatious litigants for details of other measures available against vexatious litigants. What is a limited civil restraint order (LCRO)? A LCRO can be made by a judge of any court where a party has brought two or more applications that are totally without merit (CPR PD 3C, para 2.1). Once in place, it bars that party from issuing further applications within the same proceedings without first obtaining the court’s permission (CPR...

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