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GLOSSARY

Vexatious litigation definition

Published by a LexisNexis IP expert

What does Vexatious litigation mean?

The use of ‘sham’ litigation which is 'manifestly unfounded' and has no other purpose but to put pressure on the other party to agree to the dominant company’s terms or otherwise force them out of business can amount to an abuse of a dominant position. The reasoning is that such litigation puts the weaker party in a situation where it has no option but to agree to the other party’s terms or otherwise puts it in violation of its own contractual or legal obligations and without redress.

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Ending a claim—checklist

Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

Legal risk management checklist—in-house legal team

Legal risk management checklist—in-house legal team Legal operations risks This section covers risks arising out of the operation of the legal department. People and skills Action point Comments (if any) ☐ Document the management structure of the legal team, eg by means of a role profile for each team member setting out:—reporting lines—responsibilities of individuals (Insert any comments) ☐ Map the legal team’s skills to the needs of the organisation:—consider what key projects and day-to-day issues the organisation will need legal support on in the next 12 months—identify the skills required to meet those needs—identify the services the legal department wishes to offer—identify the client groups to be served within the organisation—specify the way in which services will be delivered—determine what reports are required by the business, the purpose of such reports, their frequency and to whom they are to be delivered (Insert any comments) ☐ Check the organisation’s processes and make suitable arrangements to reflect the needs of the legal department in respect of:—the identification and provision of...

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General civil restraint orders

General civil restraint orders This Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general information on civil restraint orders (CROs) that is common to all types of CRO. For information on other orders that can be made against vexatious litigants, also see Practice Notes: Limited civil restraint orders, Extended civil restraint orders, and Civil proceedings orders against vexatious litigants. What is a general civil restraint order (GCRO)? A general civil restraint order (GCRO) may be made where a party persists in issuing claims or making applications that are totally without merit, in circumstances where an extended civil restraint (ECRO) would not be sufficient or appropriate (CPR PD 3C, para 4.1). It prevents the party from making any further applications or claims in specified courts without the prior permission of the court (CPR PD 3C, para 4.2). An example of a GCRO is attached to CPR PD 3C (Form N19B) (CPR PD 3C, para 5.3). As noted in Caine...

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Dispute Resolution weekly highlights—15 May 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Solicitors Regulation Authority’s consultation on its 2025/26 Business Plan and the Court of Appeal decision in Leadingway Consultants Ltd v Saab (relief from sanctions); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Exploring current trends in private prosecution

Corporate Crime analysis: Brian O’Neill QC at 2 Hare Court Chambers considers the current trends of private prosecutions within the corporate crime sector.

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