Bermuda
On February 25, 2026, the Supreme Court of Bermuda, presided over by Justice Andrew Martin, issued a significant ruling in the case of Moulder v. Cox Hallett Wilkinson et al. The decision addresses the issue of vexatious litigation and the court's authority to grant injunctions to prevent abuse of the judicial process.
The plaintiff, acting without legal representation, initiated four separate legal actions concerning a residential property dispute. The first case was filed in 2004, and the most recent in May 2023. The plaintiff lost the first three cases and accrued substantial costs owed to the defendants. The fourth action was a constitutional challenge against the Government of Bermuda, aiming to overturn a 2011 court order that had dismissed the plaintiff's initial claim.
In August 2025, the defendants sought to enforce the costs judgments against the plaintiff. In response, the plaintiff applied for an injunction to stay the enforcement proceedings pending the outcome of the constitutional challenge. The defendants countered with an application for an injunction to prevent the plaintiff from filing further applications related to the matter without prior court approval, effectively seeking to have the plaintiff declared a vexatious litigant.
Justice Martin denied the plaintiff's request for an injunction to stay the enforcement proceedings. Simultaneously, the court granted the defendants' application, issuing an injunction that prohibits the plaintiff from initiating any further applications or actions related to the litigation against the defendants without obtaining prior leave from the court.
This decision marks a pivotal development in Bermuda's legal landscape concerning vexatious litigation. Traditionally, it was believed that only the Attorney General had the standing to have an individual declared a vexatious litigant under statutory provisions. However, this ruling demonstrates that the court possesses inherent authority to issue injunctions restraining individuals from engaging in abusive litigation practices, thereby safeguarding the judicial system from misuse.
For a comprehensive analysis of the ruling, refer to the article published by Kennedys Law LLP.
