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England and Wales Case Law

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Civil procedure [2025] EWHC 2317 (Ch)

UK & EU Claim Lawyers LLC v Enterprise Rent-A-Car (UK) td

UK & EU Claim Lawyers LLC v Enterprise Rent-A-Car (UK) td [2025] EWHC 2317 (Ch) (11 April 2025)

The High Court set aside default and acceptance judgments linked to alleged fraudulent claims, struck out the claims as abuse of process, and certified two matters as totally without merit.

  • Default judgment
  • Setting aside judgment
  • Strike out
  • Service of process
  • Civil restraint orders
  • Totally without merit certification
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Administrative law

Catherine Deborah Alexander v Legal Ombudsman

The Ombudsman’s decision was reasonable, the procedure was fair, and no arguable error of law or procedure was raised. The claim was totally without merit and bound to fail.

  • Judicial review
  • Legal ombudsman
  • Scheme rules
  • Extension of time
  • Costs
  • Totally without merit certification
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Administrative law [2024] EWHC 886 (Admin)

Alexander v Legal Ombudsman

Alexander v Legal Ombudsman [2024] EWHC 886 (Admin) (19 April 2024)

Permission for judicial review of a Legal Ombudsman decision was refused. The court also certified the claim as totally without merit and awarded costs.

  • Judicial review
  • Legal ombudsman
  • Scheme rules
  • Extension of time
  • Costs
  • Totally without merit certification
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Civil procedure [2024] EWHC 668 (Comm)

King & Ors v DWF LLP & Ors

King & Ors v DWF LLP & Ors [2024] EWHC 668 (Comm) (02 February 2024)

Post-trial costs ruling in a Commercial Court case: indemnity costs were ordered, detailed assessment was directed for now, and the claim was certified as totally without merit.

  • Indemnity costs
  • Summary assessment
  • Detailed assessment
  • Totally without merit certification
  • Indemnity-costs
  • Summary-assessment
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Civil procedure [2021] EWHC 380 (QB)

McCarthy v Chief Constable of Merseyside Police

McCarthy v Chief Constable of Merseyside Police [2021] EWHC 380 (QB) (23 February 2021)

The High Court dismissed a challenge to a strike-out order, holding that non-service of an earlier unless order did not justify relief where procedural defaults continued.

  • Setting aside orders
  • Strike out applications
  • Permission to appeal
  • Case management
  • Costs orders
  • Totally without merit certification
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Civil procedure

L. M. Associates Ltd v Gibbeson

The Court of Appeal held it had no jurisdiction to hear an appeal against a High Court order refusing permission to appeal and barring an oral renewal hearing in a TWM case.

  • Jurisdiction of court of appeal
  • Permission to appeal
  • Totally without merit certification
  • Civil procedure rules
  • Access to justice act 1999
  • Court-of-appeal-jurisdiction
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Civil procedure [2020] EWCA Civ 1460

L. M. Associates Ltd v Gibbeson

L. M. Associates Ltd v Gibbeson [2020] EWCA Civ 1460 (06 November 2020)

The Court of Appeal held it had no jurisdiction to hear an appeal against a High Court order refusing an oral renewal hearing after a PTA refusal marked totally without merit.

  • Jurisdiction of court of appeal
  • Permission to appeal
  • Totally without merit certification
  • Civil procedure rules
  • Access to justice act 1999
  • Court-of-appeal-jurisdiction
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Criminal law

Kearney v Hampshire Police

The Court of Appeal held it had no jurisdiction to hear Roger Kearney’s appeal against refusal of judicial review over post-conviction CCTV disclosure.

  • Post-conviction disclosure
  • Jurisdiction of court of appeal
  • Access to justice
  • Senior courts act 1981 s.18(1)(a)
  • Totally without merit certification
  • Jurisdiction-of-court-of-appeal
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Immigration [2016] EWCA Civ 82

Wasif v The Secretary of State for the Home Department

Wasif v The Secretary of State for the Home Department [2016] EWCA Civ 82 (09 February 2016)

Court of Appeal guidance on when a judicial review application is truly “totally without merit”, the need for adequate reasons, and why such certification is not separately appealable.

  • Totally without merit certification
  • Permission to apply for judicial review
  • Article 3 echr
  • Article 8 echr
  • Civil procedure rules
  • Appeals process
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.