In the law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 of several jurisdictions, such as Ireland

Law of the Republic of Ireland

The law of the Republic of Ireland consists of constitutional, statute and common law. The highest law in the Republic is the Constitution of Ireland, from which all other law derives its authority...

 and New Zealand

Law of New Zealand

The law of New Zealand can be found in several sources. The primary sources of New Zealand law are statutes enacted by the New Zealand Parliament and decisions of the New Zealand Courts. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary...

, frivolous or vexatious, when used to describe an action such as a complaint

Complaint

In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...

 or a legal proceeding, is a term used to deny (or attempt to deny) its being heard, or to dismiss or strike out any ensuing judicial or non-judicial processes.

While the term is referenced in laws and regulations, it is often not defined by statute

Statute

A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

, being developed instead by decisions of the courts

Precedent

In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...

.

Meaning

The term is not defined in statute law, but has been defined in legal cases. One of the earliest cases was Keaveney v. Geraghty, where the plaintiff's libel proceedings were stayed on the grounds that they were frivolous, vexatious, and an abuse of the process of the court. The plaintiff was effectively declared a vexatious litigant.

A case is frivolous if it has no reasonable chance of succeeding, and is vexatious if it would bring hardship on the opposite party to defend something which cannot succeed.

Usage

The term is used in many Acts of the Oireachtas

Oireachtas

The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...

and statutory instruments. For example, the Data Protection Commissioner

Data Protection Commissioner

In Ireland, the Data Protection Commissioner is the person responsible for the enforcement and monitoring of compliance with data protection legislation, including the Data Protection Acts, 1988-2003. He is also responsible for investigating breaches of the legislation and prosecuting the senders...

shall investigate any complaint made to him about the contravention of the Data Protection Acts, unless he is of the opinion that it is frivolous or vexatious and the head of a government department may refuse access to records under the Freedom of Information Act if the request is frivolous or vexatious. The High Court and Supreme Court may order an action to be stayed or dismissed, or judgment to be entered, where an action or defence is frivolous or vexatious.

Further reading

• "Isaac Wunder" orders, which may be made in the event of frivolous or vexatious litigation