law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, frivolous or vexatious is a term used to challenge a

complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...

or a

legal proceeding Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' i ...

being heard as lacking in merit, or to deny, dismiss or strike out any ensuing judicial or non-judicial processes. The term is used in several jurisdictions, such as

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

and

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

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

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

, being developed instead by decisions of the courts.

General meaning

"Frivolous" and "vexatious" generally mean different things, however both are typically grouped together as they relate to the same basic concept of a claim or complaint (or a series of many) not being brought in good faith: * A ''"frivolous"'' claim or complaint is one that has no serious purpose or value. Often a frivolous claim is one about a matter that is so trivial, meritless on its face, or without substance that investigation would be disproportionate in terms of time and cost. The implication is that the claim has not been brought in good faith because it clearly has no reasonable prospect of success and/or is not significant enough to warrant its mention. * A ''"vexatious"'' claim or complaint is one being pressed specifically to cause harassment, annoyance, frustration, worry, or even bring financial cost (such as the engagement of a defence lawyer) to their defendant or respondent.

In Ireland

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, '' inter alia'', frivolous, vexatious, and "an abuse of the process of the Court". The plaintiff was effectively declared a

vexatious litigant Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which ...

. 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 against an unnecessary and inevitably unsuccessful claim.

Usage

The term is used in many Acts of the ''

Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of: *The President of Ireland *The bicameralism, two houses of the Oireachtas ...

'' and statutory instruments. For example, the

Data Protection Commissioner The Office of the Data Protection Commissioner (Irish: An Coimisinéir Cosanta Sonraí) (DPC), also known as Data Protection Commission, is the independent national authority responsible for upholding the EU fundamental right of individuals to ...

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 judgement to be entered on an action or for it to be stayed or dismissed where an action or defence is frivolous or vexatious.Order 19, Rule 28 of the Rules of the Superior Courts
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General meaning

In Ireland

Meaning

Usage

See also

References

Further reading