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Vexatious Actions (Scotland) Act 1898 (c.35)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

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Vexatious Actions (Scotland) Act 1898

1898 CHAPTER 35 61_and_62_Vict

An Act to prevent vexatious Legal proceedings in Scotland.

[12th August 1898]

1 Power of Court of Session to prohibit institution of action without leave

It shall be lawful for the Lord Advocate to apply to either Division of the Inner House of the Court of Session for an order under this Act, and if he satisfies the Court that any person has habitually and persistently instituted vexatious legal proceedings without any reasonable ground for instituting such proceedings, whether in the Court of Session or in any inferior court, and whether against the same person or against different persons, the Court may order that no legal proceedings shall be instituted by that person in the Court of Session or any other court unless he obtains the leave of [F1a judge sitting in the Outer House] on the Bills in the Court of Session, having satisfied the [F1judge] that such legal proceeding is not vexatious, and that there is prima facie ground for such proceeding. A copy of such order shall be published in the Edinburgh Gazette.

Annotations:

Amendments (Textual)

F1Words substituted by virtue of Administration of Justice (Scotland) Act 1933 (c. 41), s. 3(1)

Modifications etc. (not altering text)

C1S.1: power to transfer certain functions conferred (6.5.1999) S.I. 1999/901, art. 5, Sch.

[F11A

A decision of the Lord Ordinary to refuse leave, under section 1 of this Act, to institute legal proceedings shall be final.]

Annotations:

Amendments (Textual)

F1S. 1A inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 19

2 Short title

This Act may be cited as the Vexatious Actions (Scotland) Act 1898.