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(f)
Recommendations
In the light of the foregoing discussion, the Working Party is of the view (i) that the
provisions of section 27 of the HCO should be updated to include enhancements
equivalent to those introduced by section 42 of the Supreme Court Act 1981 in
England and Wales; and (ii) that the court should be given an additional statutory
power to control vexatious litigants upon the application of any person directly
affected by the vexatious conduct. All applications for vexatious litigant orders should
be made directly to a judge in chambers and not to the master.
Recommendation 67: Section 27 of the HCO should be amended to introduce
enhancements equivalent to those introduced by section 42 of the Supreme
Court Act 1981 in England and Wales.
Recommendation 68: The HCO should furthermore make provision for
vexatious litigant orders to be made not only on the application of the Secretary
for Justice but also on the application of any person who is or has been party to
vexatious proceedings presently instituted by or with the participation of the
respondent or who has directly suffered adverse consequences resulting from
such proceedings or from vexatious applications made by the respondent in
such proceedings.
Recommendation 69: All applications to have a person declared a vexatious
litigant should be made directly to a single judge.
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