JR leave refusal – BSB Disciplinary Refusal
The claimant, was a solicitor who had himself been disciplined for misconduct, of disciplinary decisions following findings that his conduct had fallen short of that expected of an ordinary honest individual with his knowledge and experience and that he was guilty of a dishonest assistance in breach of trust. He had requested the defendant tio institute disciplinary proceedings against two barristers, but, having looked at it the Board declined to take it any further. He now made a renewed application for leave to bring judicial review of the decision.
Held: The PCC had adequately investigated the complaints and concluded that they should be dismissed. That was a reasonable conclusion properly open to the PCC. Whilst the complaint was not entirely without merit, applying Samia, it still lacked sufficient merit to warrant being taken further.
Whipple J
[2016] EWHC 2343 (Admin)
Bailii
England and Wales
Citing:
Applied – Wasif v The Secretary of State for The Home Department CA 9-Feb-2016
Wide scope for refusal of JR leave
These two appeals have been listed together because they both raise an issue about the proper approach to be taken in considering whether to certify an application for permission to apply for judicial review as ‘totally without merit’.
Held: . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Judicial Review
Updated: 11 November 2021; Ref: scu.569626