In R Grace v Secretary of State for the Home Department [2014] EWCA Civ 1091 the Court of Appeal finally determined the meaning of ‘TWM’ (totally without merit). The judgment delivered guidance on the meaning, interpretation and purpose of certifying an application or claim as totally without merit and at paragraph 15 the Court of Appeal summarised by saying this:

“First, no judge will certify an application as TWM unless he is confident after careful consideration that the case truly is bound to fail. He or she will no doubt have in mind the seriousness of the issue and the consequences of his decision in the particular case.”

The Court of Appeal drew the distinction at paragraph 15 of the judgment, between an application within the case and the case itself.

No judge should do it, unless the case is truly bond to fail. Therein lays the widespread abuse by the judiciary in doing so.