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Published Date: 15 June 2009
By John Forsyth
IT IS THE foundation of civil societies governed by the rule of law that access to litigation to resolve a dispute ought to be available to all.
Wisdom and experience repeatedly demonstrate that litigation shouldn't be the first option for someone with a grievance, no matter how legitimate, and often isn't the best way to settle a row. The law is rarely a precision instrument.

Nevertheless...



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  • Last Updated: 14 June 2009 6:59 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Legal Issues
 
1

Mallory,

Edinburgh 15/06/2009 08:40:07
Much more on all this here:
http://www.martinfrost.ws/htmlfiles/vexatious2.html
2

Thomas J,

Dunfermline 15/06/2009 11:28:23
Have to agree with Simon Di Rollo on his point: "It is probably more common that cases are defended without merit than raised by party litigants for frivolous or vexatious reasons."

Anyone who has business experience of dealing with multinational companies will agree with Di Rollo.

The "deepest pockets" tactic of big companies refusing to pay their dues --even when the contract is clear that this is what they should do-- and withholding monies in the knowledge that they have the staff and time to take on the little companies is as common as it is deplorable.

The major companies who do this should be placed on a list of vexatious defenders and be barred from court rather than the man or woman who is prepared to fight long court battles on a point of principle... even when that point may be wrong.

 

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