His Majesty’s Attorney General applied for a restriction of proceedings order against Ms Messi under section 33 of the Employment Tribunals Act 1996 on the basis that she was a vexatious litigant. Ms Messi’s claims, which had been brought across multiple employment tribunal regions, had variously been struck out as having no reasonable prospect of success, were dismissed following non-attendance, or had been withdrawn. Ms Messi had also repeatedly failed to comply with directions, sought adjournments without evidence, avoided attending hearings and made unsubstantiated allegations of dishonesty or fabrication against employers and their representatives. She had also brought a remarkable number of applications for interim relief in whistleblowing proceedings, all unsuccessful, often repeating defects previously explained to her.

The EAT allowed the application. The test for a restriction of proceedings order was made out, and an order should be made in the circumstances. Ms Messi’s approach to proceedings imposed serious burdens on opposing parties and on the tribunal and Court system, and imposing the order would not shut her out from bringing claims. The order would provide a judicial filter, so that any future claims can be examined by a judge at the outset. If there was potential merit in the claim, then it would be granted permission to proceed in the ordinary way.