What is a vexatious litigant? A vexatious litigant is, in the opinion of the High Court, a person who abuses their right to a fair trial and the right to bring proceedings to enforce or defend their rights by commencing unmeritorious claims or by using the court in such a way that their right to continue using the court has become subject to supervision by the court itself. In AG v Barker, the court described a vexatious litigant as: ‘Vexatious is a familiar term in legal parlance. The hallmark of a vexatious proceedings is in my judgement that it has little or no basis in law (or at least no discernible basis); that whatever the intention of the proceedings may be, its effect is to subject the defendant to inconvenience, harassment and expense out of all proportion to any gain likely to accrue to the claimant; and it involves an abuse of process of the court, meaning by that a use of the court process for a purpose or in a way which is significantly different