169ARestriction on commencing or continuing proceedings under specified Acts in cases of litigant abuse

1. This section applies if a Judge—

2. is satisfied that, having regard to all of the circumstances, a party to a proceeding has exhibited conduct that is litigant abuse; and
3. has given the party a reasonable opportunity to be heard.

4. The Judge may at any time during the course of the proceeding, on the court’s initiative or on an interlocutory application for the purpose, order that the party may do any or all of the following only with the leave of a Judge:

5. take any further step in the proceeding (including in an interlocutory proceeding):
6. take any further step in a related proceeding (including in an interlocutory proceeding) under a specified Act:
7. commence, or take any further step in, a new proceeding (or an interlocutory proceeding) under a specified Act that is—
   1. of any kind, or of any specified kind; or
   2. in respect of any specified person; or
   3. in respect of any specified matter.

Guidance note

Section 4 of the Care of Children Act 2004 applies to a Judge’s decision to—

make an order under subsection (3) if the order would affect proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child; or

grant leave in respect of an order made under subsection (3) if the leave would affect proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.

8. The Judge must have regard to the following in considering the circumstances referred to in subsection (1)(a):

9. the party’s conduct during the course of the proceeding; and
10. the party’s conduct in any other proceedings (including any interlocutory or related proceedings) that is litigant abuse; and
11. the party’s conduct outside of proceedings that is intended to annoy, harass, or harm, or that amounts to psychological abuse of, any other party to the proceeding or the related proceedings; and
12. any other matter that the Judge considers relevant.

13. An order made under subsection (2) continues in force for 3 years unless—

14. the order specifies a shorter period, in which case the order continues in force for that shorter period; or
15. in the Judge’s opinion there are extraordinary circumstances that warrant a longer period (which may not exceed 5 years), in which case the order continues in force for that longer period.

16. An applicant for an order under subsection (2), or a party subject to an order under subsection (2), may appeal against the whole or a part of the Judge's decision to make, or refuse to make, an order under subsection (2) to—

17. the Court of Appeal; or
18. the Supreme Court (with the leave of the Supreme Court).

19. Nothing in this section limits—

20. any provision in any other enactment that empowers the court to restrict the commencement or continuation of any proceeding; or
21. the inherent powers of the court.

22. In this section,—

    court means the High Court or the Court of Appeal

    litigant abuse means abuse of another party to the proceedings, and—

    1. includes conduct that is intended to annoy, harass, or harm that other party, or that amounts to psychological abuse; and
    2. may include a number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, appear to be minor or trivial)

    proceeding means—

    1. a proceeding under a specified Act:
    2. an appeal proceeding under a specified Act:
    3. judicial review of a proceeding under a specified Act

    psychological abuse has the same meaning as in section 11 of the Family Violence Act 2018

    related proceedings means any proceedings under a specified Act that involve the same parties

    specified Act means any of the following Acts:

    1. the Status of Children Act 1969:
    2. the Domestic Actions Act 1975:
    3. the Property (Relationships) Act 1976:
    4. the Family Proceedings Act 1980:
    5. the Child Support Act 1991:
    6. the Care of Children Act 2004:
    7. the Family Violence Act 2018.