Recommendation 22

Powers exist to strike out unmeritorious claims that are an abuse of process and to prevent vexatious litigants bringing repeated litigation. We are not aware of any suggestion that the Courts have allowed wholly unmeritorious or vexatious claims through any failure or reluctance to use these powers. We call on MoD Ministers to desist from using this politicised and inaccurate language in relation to claims where the MoD did have a case to answer.