Totally Without Merit: A Consultation

Another week, another Upper Tribunal consultation. This time, the Tribunal Procedure Committee is inviting responses – by 16 August 2021 – on proposals to amend the Upper Tribunal Rules to enable judges to certify applications for permission to appeal as ‘totally without merit’, and thus removing the right to renew that application at an oral hearing. The changes would effectively align the UT with the position under the CPR, in relation to both applications for permission to claim judicial review and applications for permission to appeal. Given that it is just – just – possible that readers of this blog working in information rights may have come across litigants who make totally without merit applications, the consultation may be of interest. It is to be found here.

Christopher Knight