Grace, R (On the Application Of) v Secretary of State for the Home Department

The correct test for certifying an application as 'totally without merit' under CPR 54.12(7) is whether the claim is 'bound to fail', not whether it is abusive or vexatious. The appeal is dismissed because the judge applied the correct test.

Parties: Appellant/claimant: Pamela Alburtha Grace; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 09 June 2014
Procedural Posture: Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review, Limited to Guidance on 'totally Without Merit' Certification
Outcome: appeal dismissed
Legal Topics: Judicial Review, Totally Without Merit Certification, Civil Procedure Rules, Article 8 ECHR

Civil Procedure Immigration Law Public Law Judicial Review Totally Without Merit Certification Civil Procedure Rules Article 8 ECHR

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Parties

Pamela Alburtha Grace

Appellant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review, Limited to Guidance on 'totally Without Merit' Certification

Legal Issues

1 What is the correct approach to certifying an application for permission to apply for judicial review as 'totally without merit' under CPR 54.12(7)?

Ratio Decidendi

Court Disposition

appeal dismissed