Judicial Review reform: What does “totally without merit” mean? – Paul Bowen QC – UK Human Rights Blog

Posted April 26th, 2013 in civil procedure rules, judicial review, news, vexatious litigants by tracey

“What is the test the Court should apply in deciding whether an application is ‘totally without merit’? The question is prompted by the Lord Chancellor’s announcement on 23 April 2013 that he will press ahead with plans to reform judicial review procedure to target ‘weak, frivolous and unmeritorious cases’. A key change will be to give judges of the Administrative Court, when refusing permission to apply for judicial review on the papers, the power to certify a claim as ‘totally without merit’ (TWM), thus depriving the claimant of the right to renew the application before the court at an oral hearing.”

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UK Human Rights Blog, 25th April 2013

Surce: www.ukhumanrightsblog.com