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03.11.2015

Justice Mostyn attacks 'abysmal' litigant in person

In the recent case of Veluppillai v Veluppillai [2015] EWHC 3095 (Fam) the husband, a litigant in person, was heavily criticised for litigation misconduct by Justice Mostyn and a costs order of almost £150,000 was made against him. In the 3 years since litigation had begun there had been 30 hearings and 4 appeals mounted by the husband. This case involves a very extreme set of circumstances however, no doubt this decision will be welcomed by many family practitioners who are increasingly faced with some very difficult and hostile litigants in person who serve to push up costs, prolonging matters and causing great frustration to all involved.

"This deluge has been caused by the husband's extreme litigation misconduct. In parallel proceedings concerning a bogus loan asserted by his sister he made threats to kill against the wife and her counsel for which he was committed to prison for contempt. In these ancillary relief proceedings he has been removed from the courtroom on at a least one occasion by security staff. He has been repeatedly warned by judges about his unpleasant menacing conduct in court. On one occasion he assaulted the wife's counsel and the wife in court for which he was later convicted of assault in the magistrates' court. He skipped his sentencing hearing and fled abroad from where he has bombarded the court with abusive emails claiming that he has a fatal illness and demanding that the proceedings be adjourned indefinitely. In the course of the proceedings he has entered into a number of transactions designed to defeat the wife's claims."”