HER MAJESTY'S ADVOCATE v. JAMES DUFF FOR AN ORDER UNDER THE VEXATIOUS ACTIONS (SCOTLAND) ACT 1898

[1] The respondent raised numerous court actions against inter alios the Lord Advocate, the Chief Constable of Dumfries and Galloway Constabulary, a local authority (Dumfries and Galloway Council), and the former trustee in his sequestration. As a result of the number and nature of those actions, the Lord Advocate raised the present petition (P746/10) seeking to have the respondent declared a vexatious litigant. A hearing took place on 28 November 2012. The respondent represented himself, as he has done in many of his litigations.

[4] Having taken time for consideration, this court concluded that there was nothing in the six points raised by the respondent which prevented the court from considering the merits of the petition P746/10 and answers, largely on the basis of the written pleadings, notes of argument, and productions. Parties were so advised.

[5] The respondent then reminded the court that he was seeking to have case number 1 below ( Duff v Forbes ) re-opened. A motion was to come before Lord Glennie in December 2012 (as to which, see paragraphs [10] to [12] below).

[6] The respondent was sequestrated on 27 May 1976. On 10 March 1993, Lord Morison granted the trustee his discharge. In his judgment, Lord Morison observed (at page 7) that averments in the respondent's minute of amendment criticising the trustee's conduct of the sequestration were -

" ... utterly lacking in any specification. It is impossible to tell in what respect or respects the respondent wishes to allege [that the trustee] failed to perform his duties in a proper and diligent manner."