In England and Wales, the right to access courts is a fundamental constitutional principle. However, when an individual repeatedly abuses this right by bringing groundless legal proceedings, they can be declared a "vexatious litigant" or subjected to a Civil Restraint Order (CRO). This guide explains how to search the official HMCTS lists, identify these orders, and defend yourself against abusive litigation.
1. What is a Vexatious Litigant?
Under Section 42 of the Senior Courts Act 1981, the High Court has the power to declare a person a vexatious litigant. This happens when an individual has "habitually and persistently and without any reasonable ground" instituted vexatious legal proceedings or made vexatious applications in those proceedings.
Once declared a vexatious litigant, the individual is subject to a lifetime ban from initiating or continuing any legal action in England and Wales without first obtaining express permission (known as "leave") from a High Court Judge.
2. Understanding Civil Restraint Orders (CROs)
While Section 42 orders are lifetime bans issued by the High Court, any judge in the County Court, High Court, or Court of Appeal can issue a Civil Restraint Order (CRO) to stop repetitive, unmeritorious applications. Under the Civil Procedure Rules (CPR) Part 3.11, there are three types of CRO:
- Limited Civil Restraint Order (LCRO): Issued when a party has made two or more applications which are totally without merit. It restrains them from making any further applications in a specific active case without permission.
- Extended Civil Restraint Order (ECRO): Issued when a party has persistently made applications or claims which are totally without merit. It restrains them from making claims in a specific court or concerning a specific subject matter for up to 2 years (renewable).
- General Civil Restraint Order (GCRO): The most severe domestic order. Restrains a party from bringing any claims or making any applications in the High Court or any County Court for up to 2 years (renewable) without judicial permission.
3. How to Search the Official Vexatious Litigants & CRO Lists
To prevent individuals under these restrictions from slipping through the cracks or initiating new claims under different names, His Majesty's Courts and Tribunals Service (HMCTS) maintains public registers of restricted individuals.
The Official HMCTS Register
The Ministry of Justice publishes the list of vexatious litigants on GOV.UK, which is updated periodically. Separately, individual courts maintain logs of CROs, but these can be difficult to locate and aggregate.
Open Court Data UK's Vexatious Litigants Directory
To simplify compliance, legal vetting, and conflict checks, Open Court Data UK aggregates the national database of vexatious litigants and active Civil Restraint Orders into a single, fully searchable index.
Running a Vetting Search:
Before responding to a suspicious small claim or professional demand letter, check the claimant's name against the national register. If they are on the list and have not obtained prior court permission, their claim is null and void, and you can apply to have it struck out immediately.
You can search the live index directly on our Vexatious Litigants Search page to run instant background lookups.
4. How to Stop a Vexatious Litigant
If you are being targeted by repetitive, groundless lawsuits or court applications, you can take proactive legal steps to protect yourself:
1. Apply for a "Totally Without Merit" (TWM) Certification
When responding to an abusive application, request that the judge certify the application as "totally without merit". This tag is a crucial building block for obtaining a Civil Restraint Order.
2. Keep a Record of Court Orders
Track all strike-out orders and certified unmeritorious applications. You will need this bundle of evidence to show a pattern of persistent, groundless behavior.
3. Formally Apply for a Civil Restraint Order (CRO)
File an application using Form N244 requesting an Extended or General Civil Restraint Order. If granted, the court will intercept any further filings from the litigant before they reach your desk.
5. Key Legal Protections & Takeaways
Vexatious litigants often target private citizens, businesses, and public officials. Familiarity with Section 42 bans and CROs provides an essential shield against the financial and emotional toll of endless, abusive lawsuits. Always verify suspicious claims against official and aggregated indices immediately.
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