McWilliams v Russell

Protection from harassment – Interdicts and non-harassment orders – Vexatious litigants. Sheriff Appeal Court: In an appeal against a sheriff's decision to grant perpetual interdicts and non-harassment orders prohibiting the appellant from continuing to harass and abuse the respondent, the court rejected a contention that the interdicts and orders were not competent because they subjected the appellant to the same prohibitions at the same time, and it held that the sheriff's hearing submissions from the respondent's solicitor in the appellant's absence, and her reaching a decision in the absence of submissions from him, was not oppressive and did not contravene his rights under art 6 of the European Convention on Human Rights; however the sheriff who pronounced an interlocutor of 22 May 2014 had erred in holding that the effect of an order of the Inner House under s 1 of the Vexatious Actions (Scotland) Act 1898 was to require the appellant to obtain leave before he was permitted to continue with his counterclaim.

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