The High Court (Mrs Justice Andrews), in R (Jetly) v Secretary of State for the Home Department  EWHC 204 (Admin), uses its “strike out” powers to bring an end the Judicial Review claim which raised an issue as to the proper construction of section 4C of the British Nationality Act 1981 and associated statutory provisions.
The Judicial Review claim form was issued with the details of a solicitor who, subsequently, wrote to the Court stating that his details were forged and he had not issued the claim. The High Court explains how a solicitor can “come off the record” in such circumstances. Further, the claim form was not accompanied by a statement of truth. The High Court, for serious non-compliance and disregard of the orders and rules, declines to permit that the Claimants’ solicitor to sign the claim form, stating that “a solicitor who is unable to understand the basic requirements of the CPR and read and understand the terms of a clearly expressed court order should not be conducting litigation”. The High Court orders the Judicial Review claim to be struck out and refers the matter to the SRA and DPP to consider regulatory issues and “whether this is a case which calls for further investigation into the possible conduct of reserved legal activities by a person or persons without the requisite authority”.
Zane Malik appeared for the Defendant, the Secretary of State for the Home Department.
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