Jurisdiction(s):
United Kingdom

Desporte v Bull [2021] EWHC 2370 (QB): Libel struck out; ECRO imposed—guidance on responding to vexatious, totally without merit applications (England and Wales)

Published on: 17 September 2021

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Article summary

Desporte v Bull [2021] EWHC 2370 (QB)

What are the practical implications of this judgment?

This ruling underscores that, where an adversary is intent on clogging the process and harassing the court and other participants with a flood of hopeless claims and applications, parties ought to act promptly by seeking an ECRO, curbing escalating costs and avoiding futile hearings. It also distils the principles judges apply when considering such orders. Crucially, although a person's lack of representation is a relevant feature, it does not pardon persistent abuse of process or baseless claims, especially where clear warnings about the likely repercussions have already been given.

What was the background?

Although we attempt to condense the backdrop, the matter comprises a tangled web of claims, applications, hearings and rulings across a number of years, many found to be wholly without merit or aimed solely at disruption. Mr Justice Knowles remarked in his judgment on the challenge of narrating the history of this continuing dispute, with its numerous layers and considerable complexity. That context shaped the court's approach to an ECRO, reiterating that being unrepresented does not excuse repeated misconduct, especially after warnings, and that swift applications reduce costs and forestall unnecessary hearings...

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