VEXATIOUS LITIGANT

This Order supersedes the Order sealed on 7th July 2000 Dated the 7th day of July 2000.  CO 4506 of 1998 In the High Court of Justice Queen’s Bench Division.  Divisional Court Before the Right Honourable Lord Justice Laws and The Honourable Mr. Justice Silber In the Matter of section 42 of the Supreme Court Act 1981 (as amended by section 24 of the Prosecution of Offences Act 1985) between Her Majesty’s Attorney General (Applicant) and GEDALJAHU EBERT (Respondent) Upon Reading the Originating application herein dated the 17th day of November 1998 issued by the Applicant Her Majesty’s Attorney General seeking a civil proceedings order against the above-named Respondent pursuant to section 42 of the Supreme Court Act 1981 (as amended by section 24 of the Prosecution of Offences Act 1985) that: (i) no civil proceedings shall, without the permission of the High Court, be instituted by the above-named in any Court; and (ii) that any civil proceedings instituted by the said Gedaljahu Ebert in any Court before the making of the Order shall not be continued by the said Gedaljahu Ebert without the permission of the High Court; and (iii) that no application (other than an application for permission under section 42 of the said Act) shall without leave of the High Court be made by the said Gedaljahu Ebert in any civil proceedings institute in any Court whether by the said Applicant or another on the ground that the said Gedaljahu Ebert has habitually and persistently and without any reasonable ground instituted vexatious civil proceedings in the High Court and/or made vexatious applications in civil proceedings in the High Court. And Upon Reading the affidavit of Stephen Glendinning sworn the 7th day of December 1998 and the affidavit of Rodger Lutterodt sworn the 10th day of November 1999 together with the exhibits thereto on behalf of the Applicant Her Majesty’s Attorney General in support of these proceedings. And Upon Hearing Mr. R. Jay Q.C. of Counsel on behalf of the Applicant and Mr. G. Ebert appearing in person and upon hearing Ms J. Ayling on behalf of the Application for judgement. And the Court making no Order as to costs. It Is Ordered that the Applicant’s application herein be granted and that the said Gedaljahu Ebert, his servants or agents be and is hereby prohibited from: 1. instituting any civil proceedings in any Court; and 2. continuing any civil proceedings instituted by him in any Court before the making of this Order; and 3. making any application other than an application for permission as required by section 42 of the said Act in any civil proceedings instituted in any Court by any person unless Gedaljahu Ebert obtains the permission of the High Court having satisfied the High Court that the proceedings or application are not an abuse of the process of the Court in question and that there are reasonable grounds for the proceedings or application. And It Is Further Ordered that the Respondent’s application for leave to appeal be refused. [This matter occupied the time of the Court from 2.47 p.m. to 4.18 p.m. on 2nd May 2000, from 10.36 a.m. to 1.05 p.m. and 2 p.m. to 4.05 p.m. on 3rd May 2000 and from 10.17 a.m. to 12.12 p.m. on 7th July 2000.] By the Court