Attorney General v Chitolie

A civil proceedings order is justified where the litigant’s persistent and unsuccessful proceedings, repeated appeals and applications, abusive conduct, collateral challenges and attempts to relitigate concluded matters establish that he is a vexatious litigant. The court may also use its general jurisdiction to prohibit that person from acting as a litigation friend, McKenzie friend or otherwise assisting another party in civil proceedings without permission.

The Attorney General applied for a civil proceedings order against Dick Lucien Chitolie. The application was supported by evidence of extensive unsuccessful litigation, repeated appeals and applications, abusive allegations against opponents and judges, collateral challenges and attempts to reopen concluded proceedings. Mr Chitolie had also acted as a litigation friend and sought to assist another litigant.

The court considered whether the statutory criteria for a civil proceedings order were satisfied and whether a further order should be made under the court’s general jurisdiction to restrict assistance in civil proceedings.

1. Application granted. The court was abundantly satisfied that the criteria for a civil proceedings order were made out. Mr Chitolie was plainly a vexatious litigant.
2. Lord Justice Dyson relied on the classic exposition of the relevant principles by Attorney General v Barker, [2000] 1 FLR 759 at 764C–H. The court considered that the history of Mr Chitolie’s litigation demonstrated the necessary pattern. His proceedings had been unsuccessful, he had pursued repeated appeals and applications, frequently failed to attend hearings, made abusive allegations, and commenced fresh proceedings as collateral challenges after exhausting remedies.
3. The court concluded that the time had come for a civil proceedings order. Lord Justice Dyson would therefore make an order in the terms sought by the Attorney General. Mr Justice Henriques agreed.
4. Having regard particularly to Mr Chitolie’s conduct while acting in relation to Ms Hanson, the court also exercised its general jurisdiction to prohibit him from acting as a litigation friend or McKenzie friend, or otherwise assisting a third party in civil proceedings, without the leave of the High Court. Mr Justice Henriques agreed to that order.

First-instance application. The judgment does not state any appellate history.