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What is Meant by Totally without Merit - Samia Wasif v SSHD 2016 EWCA Civ 82 (18 February 2016)
Date: 18/02/2016
Duncan Lewis have received judgment in the test case in relation to TWM orders being made by the UT and HC.
The matter came before Lord Dyson (Master of the Rolls), Lord Justice Underhill and Lord Justice Floyd. The judgment seems to endorse Grace but also provides some further helpful guidance. Unfortunately the individual appeals were dismissed but the positive emphasis is as follows:
1. Bound to fail means no rational basis on which the claim could succeed: para 15.
2. Judge should only certify if satisfied that in the circumstances of the particular case a hearing could not serve to address with oral advocacy the perceived weaknesses in the claim. The Claimant should get the benefit of any real doubt. Para 17(3).
3. It is broadly right (and a useful thought process) for the judge to ask whether they can conceive of another judge with the benefit of oral submissions at an oral hearing taking a different view. Para 17(4).
4?. Certification should not be made where the judge suspects that proper presentation might disclose an arguable basis of claim. Para 17(5).
5. Certification should not be made on the basis of points in the summary grounds to which the Claimant might have had an answer if given the opportunity. Para 17(6).
6. It is important that the judge gives reasons for the certification, separately. Para 21.
Link to judgement: Here.
Shalini Patel was Solicitor with conduct of this matter.