Refusal of Leave to Appeal to UT

I have been refused leave by the UT Judge on a PCA case which I think has good grounds on error of law.

Can I take this further (JR?) or is that it? I know you can ask for this to be set aside on procedural grounds, but these dont apply.

Many thanks!

judicial review but see (Cart) v. Upper Tribunal [2010] EWCA Civ 859 (CA); [2010] 2 W.L.R. 1012 (Divisional Court)
23 Jul 2010

Hi PCLC,

This is not necessarily a matter that you need to pursue without help. As a Law Centre, I presume that you can access the Community Legal Services Funding Scheme. As such, you should be able to apply for a CLS Funding Certificate to obtain a barrister’s advice on the merits of the case. You could expect to obtain such a Certificate if you were in a CLS-funded law firm in an Judicial review case in the High Court. This is still a Judicial Review and should also have a CLS Funding Certificate awarded, even though it is before the Upper Tribunal.

If the barrister advises that there is merit in pursuing it, you can have the CLS Funding Certificate extended so that the barrister acts for your client via you in the case.

Alternatively, you could seek a barrister’s advice (and potentially instruct them to act) from the Public Law Project.

Hope that this is of help.

Chris

Thanks for the above replies- I was going to instruct counsel for advice on merits but just needed to check if JR was the only option.

Just an update - we have legal aid funding to apply for JR of the UT decision to refuse leave to appeal - Counsel has advised that, if we get permission to apply for JR, it will be put on hold pending the outcome of the appeal to the Supreme Court in the case of Cart.

Will keep you posted