Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249
‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’
WLR Daily, 9th June 2014
Source: www.iclr.co.uk