In reality there is no such new legislation around, and whether or not a developer will have a claim against a vexatious objector will depend on the normal rules relating to claims for damages – no changes there.

Of interest however (to everyone – not just developers) is the totally separate concept of outlawing “vexatious litigation”. Between the common law and a 1956 piece of legislation aptly titled the “Vexatious Proceedings Act”, you can indeed protect yourself from the proverbial “vexatious litigant”. In summary, courts have the power to prevent abuse of their process both in individual proceedings and generally:

• In specific cases, a court can quash vexatious proceedings summarily, and
• .More generally, a court may require that its leave be obtained before any new legal action is instituted by any person who has in the past “persistently and without reasonable ground instituted legal proceedings” against anyone else.

The courts are generally slow to grant such orders, but if you are being unfairly harassed via a barrage of groundless litigation, this may be your escape route.