Dispute Resolution Update: The Courts As Gate-Keeper?

It is no secret that in recent times the courts have seen an increase in frivolous and vexatious claims. In response, the Supreme Court has sought to clarify the limitations the courts can apply to such matters.

The Supreme Court has recently given guidance regarding the courts' ability to limit the right of access to the courts and in extreme cases to strike out proceedings. This was in the context of a case brought by a serial litigant who had been involved in 31 separate sets of proceedings.

In Tracey T/A Engineering Design and Management v Burton & Ors [1] Mr Justice MacMenamin, giving the judgment of the Court, stated:

"The courts are entitled to monitor and police their own proceedings to avoid drawn out litigation."

Broader...