KB-2024-003652 - [2025] EWHC 1900 (KB)

For these reasons, the Defendant’s application succeeds. In addition, I was invited by Mr de Wilde at the conclusion of his Skeleton Argument to hold that the claim is totally without merit in the meaning of that term stated by the Court of Appeal in R. (Grace) v Secretary of State for the Home Department [2014] 1 WLR 342, namely “bound to fail”. However, I heard no submissions from the Claimant on that issue, and I do not consider it appropriate to rule on that matter without affording him an opportunity to oppose that finding (if he is minded to do so). Therefore, I consider that the matter will need to be resolved on some future occasion, if the Defendant wishes to pursue it and if it is not capable of being agreed.

I ask the Defendant’s legal advisers and the Claimant to agree an order which reflects the above rulings. I will deal with submissions on any points which remain in dispute as to the form of the order, and on any other issues such as costs and permission to appeal, either when judgment is handed down, or on an adjourned hearing on some other convenient date.