Presentation of a claim by a vexatious litigant is deemed a nullity

12 May 2023

In Williamson v Bishop of London and ors, the Court of Appeal held that an age discrimination claim presented to the employment tribunal by an individual who was already subject to a civil proceedings order (CPO) was a nullity.

Under S.42(1) of the Senior Courts Act 1981, a CPO restricts a vexatious litigant’s ability to bring and continue legal proceedings. S.42(1A) provides, among other things, that a person subject to a CPO may not institute any civil proceedings without the leave of the High Court.

The employee in this case did not obtain leave from the High Court to issue her employment tribunal claim and the Court of Appeal rejected the argument that the proper approach is for the tribunal to stay the claim until leave has been applied for and granted retrospectively.


Authors

Daniel Hobbs

Call 1998

Related areas

Employment

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