Dictionary Definition
vexatious adj : causing irritation or annoyance;
"tapping an annoying rhythm on his glass with his fork"; "aircraft
noise is particularly bothersome near the airport"; "found it
galling to have to ask permission"; "an irritating delay";
"nettlesome paperwork"; "a pesky mosquito"; "swarms of pestering
gnats"; "a plaguey newfangled safety catch"; "a teasing and
persistent thought annoyed him"; "a vexatious child"; "it is vexing
to have to admit you are wrong" [syn: annoying, bothersome, galling, irritating, nettlesome, pesky, pestering, pestiferous, plaguy, plaguey, teasing, vexing]
User Contributed Dictionary
English
Pronunciation
- Rhymes: -eɪʃəs
Adjective
vexatious- Causing vexation, annoyance, trouble, or the like; teasing; annoying; troublesome.
- Full of trouble or disquiet; harassed; distressed; annoyed; vexed.
- He leads a vexatious life. --Sir K. Digby.
Derived terms
Related terms
References
Extensive Definition
Vexatious litigation is legal action which is
brought, regardless of its merits, solely to harass or subdue an adversary. It may take the
form of a primary frivolous
lawsuit or may be the repetitive, burdensome, and unwarranted
filing of meritless motions in a matter which is otherwise a
meritorious cause of
action. Filing vexatious litigation is considered an abuse of
the judicial
process and may bring down sanctions
on the offender.
A single action, even a frivolous one, is not
enough to raise a litigant to the level of being declared
vexatious.
Some jurisdictions have a list
of vexatious litigants: people who have repeatedly abused the legal
system. Because lawyers could be disbarred for participating in the
abuse, vexatious litigants are often unable to retain legal
counsel, and therefore represent themselves in court. Those on the
list are usually either forbidden from any further legal action or
required to obtain prior permission from a senior judge before
taking any legal action. The process by which a person is added to
the list varies among jurisdictions.
Law by jurisdiction
California, United States
Under California law a vexatious litigant is someone in at least one of the following categories:- In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing.
- After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.
- In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.
- Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.
Victoria, Australia
As of 2006, only 13 people - included convicted mass-murderer Julian Knight - had been declared vexatious litigants since the law was introduced in 1930.United Kingdom
UK courts have the means of escalating the sanctions against a litigant who makes applications to the court that are "totally without merit":- Limited civil restraint order (formerly a Grepe v. Loam Order) where two or more applications totally without merit are made in a single proceedings. No further application may be made in the proceedings without the permission of the court.
- Extended civil restraint order for "persistently vexatious behaviour" lasts for a specified period of no more than two years for "applications touching upon instant matters" and can only be granted by a judge of the Court of Appeal, High Court or a designated civil judge.
- General civil restraint order for a maximum of two years for all proceedings in the High Court or specified County Court(s).
Further applications totally without merit can
lead to withdrawal of the right of appeal. Harassment of the court
and court officials can lead to a penal prohibition notice,
prohibiting the litigant from contacting or approaching the court
without permission.
HM Courts
Service maintains a list of vexatious litigants.
Canada
Under the Constitution Act of 1867, section 92(14)http://laws.justice.gc.ca/en/const/c1867_e.html#distribution, each province is vested with the power to enact and apply laws relating to the administration of justice within its' own territory.In Canada, Section 40 of the Federal Court Act
and in Ontario Section 140 of the Courts of Justice Act, restrict
the ability to introduce or continue proceedings for those who have
instituted vexatious proceedings or conducted proceedings in a
vexatious manner.
Quebec
In Quebec, the Code of Civil Procedure is the principal legislation that sets rules related to civil procedure.Under section 46 of the Code of Civil Procedure,
all judicial courts and judges in Quebec are vested with "...all
the powers necessary for the exercise of their jurisdiction".
Furthermore, they may:
"…at any time and in all matters, whether in
first instance or in appeal, issue orders to safeguard the rights
of the parties, for such time and on such conditions as they may
determine. As well, they may, in the matters brought before them,
even on their own initiative, issue injunctions or reprimands,
suppress writings or declare them libellous, and make such orders
as are appropriate to deal with cases for which no specific remedy
is provided by law."
Section 46 vests a very broad power on judicial
courts and judges to ensure that the administration of justice is
conducted according to decorum and according to the remedial nature
of justice. As the courts's decisions have shown it, the authority
to declare a litigant as vexatious is directly tributary to the
power conferred by section 46.
Cases illustrating the application of section 46
are numerous. Among them, there are: Nguiagain v. Commission de la
fonction publique, in which the judge rejected the plaintiff's
motion for a mandamus
to enjoin his union to revise the grievance that he had filed on
the grounds that the motion was groundless and abusive; De
Niverville c. Descôteaux, where an injunction was rendered
declaring the respondent, disbarred lawyer Descôteaux, as a
vexatious litigant due to the multiple unfounded and frivolous
actions that he had sought against the plaintiff De Niverville; and
in Fabrikant v. Corbin, a motion to declare the plaintiff Valery
Fabrikant as a vexatious litigant was granted to the defendant,
Dr. Corbin. It must be noted that in all of the above cited cases,
a litigant was only declared vexatious following a proceeding
instated by the opposite party.
Moreover, section 46’s scope is limited to
judicial courts and judges. Administrative tribunals are
legislative creations and they can only exist and function within
the limits that are imposed by law. Administrative tribunals in
Quebec cannot declare a person a vexatious litigant.
As per section 90 of the Rules of Practice of the
Superior Court of Québec in Civil Matters, such litigants are now
indexed in a registry kept by the Chief Justice in the judiciary
district of Montreal. Lawyer and author Claude Duchesnay has
reported in May 2003 that a document on the Quebec attorney
general’s intranet contains the name of 58 persons who must obtain
permission prior to instating proceedings before the courts.
Notable vexatious litigants
- Julian Knight, convicted of the Hoddle Street massacre in Melbourne, Australia.http://www.theage.com.au/articles/2004/10/19/1097951666370.html?from=top5
- Gavin Menzies, author of 1421: The Year China Discovered America.http://www.hmcourts-service.gov.uk/infoabout/vexatious_litigant/index.htm#m
- David James Lindsey, a Melbourne man so declared after repeatedly suing doctors, insurance firms and companies such as Carlton & United Breweries for smoking-related damages. On February 21, 2006, the Supreme Court of Appeal gave him leave to sue Philip Morris, demonstrating that a vexatious litigant is not completely blocked from launching further court action http://www.theage.com.au/news/national/annoying-litigant-is-back/2006/04/09/1144521210696.html.
- Leo Stoller, American "intellectual property entrepreneur".http://www.roylance.com/Uploads/CentralMfgCo/Amended%20Answer%20and%20CC.pdf
- Valery Fabrikant, a former Concordia University professor serving a life sentence for the murders of four colleagues in 1992 http://www.theglobeandmail.com/servlet/story/RTGAM.20071107.wfabrikant1107/BNStory/National/home
- Suresh Deman, academic and former teaching fellow at Pittsburgh University http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=494854&in_page_id=1770
- Dorothy Squires, singer and former wife of actor Roger Moore.
References
See also
vexatious in French: plaideur en
délicatesse
Synonyms, Antonyms and Related Words
aggravating, annoying, backbreaking, besetting, bothering, bothersome, burdensome, crushing, disturbing, exasperating, galling, grueling, harassing, heavy, hefty, importunate, importune, irking, irksome, irritating, mean, onerous, oppressive, painful, pesky, pestering, pestiferous, pestilent, pestilential, plaguesome, plaguey, plaguing, provoking, teasing, tiresome, tormenting, troublesome, troubling, troublous, trying, ugly, vexing, wearisome, wicked, worrisome, worrying