A while ago on English.SE TimLymington posted:
For what it's worth, embarrassing is a term of art in the British courts, meaning 'impossible to prove or disprove (and so having no place in a court of law)'.
Is there a source for this statement?
It's not a direct quotation, hence the single not double quotation marks. I meant only that it is a term (like frivolous or vexatious) with a legal meaning that is considerably more precise and circumscribed than the usual one, though still related. No longer having a legal library on tap, I can only offer the definition in Bullen and Leake (ed. Jacob LJ) that an embarrassing pleading is “one which is ambiguous or unintelligible or which states immaterial matter and raises irrelevant issues which may involve expenses, trouble and delay and thus will prejudice the fair trial of the action, and so is a pleading which contains unnecessary or irrelevant allegations.” Any more relevant evidence from others would be welcome.