Vexatious Litigation

What is Vexatious Litigation in Tort Law?

Quick Definition

Vexatious litigation refers to legal proceedings brought primarily to harass, annoy, or burden another party rather than to resolve a genuine legal dispute. It is not a standalone tort in the strict sense, but it is recognised through procedural controls and related doctrines that prevent abuse of the court system. The key concern is misuse of litigation as a weapon rather than a remedy.

In Context

Vexatious litigation typically arises where a claimant repeatedly brings baseless or malicious claims against the same party, often after previous claims have already failed. Courts have the power to restrict such behaviour through civil restraint orders and, in serious cases, by declaring a person a vexatious litigant, limiting their ability to issue further claims without permission. In Grepe v Loam (1887), the court established early principles allowing restrictions on repeated abusive applications to prevent waste of judicial resources. Modern courts balance access to justice with the need to protect defendants from persistent and oppressive legal action. While not usually framed as a tort claim for damages, vexatious conduct may overlap with abuse of process and, in extreme cases, contribute to claims involving malicious prosecution if proceedings are initiated without reasonable cause and with improper motive. The doctrine ensures the legal system is not used as a tool of harassment while preserving legitimate access for genuine disputes.

See Also

• Abuse of Process

• Malicious Prosecution

• Contempt of Court

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