Leave to apply for a writ of Certiorari

This article provides a short overview of the rules underlying the grant of leave to apply for a writ of Certiorari.

Certiorari is one of the prerogative writs that can be granted by the Supreme Court.

The purpose of the writ of certiorari is to review the legality of the decision of a lower Court. This is a jurisdiction that is exercised very sparingly and it is provided in cases where the judgment of the lower Court shows a lack or excess of jurisdiction, manifest legal error, fraud, prejudice or non-observance of the rules of natural justice, such as violation of the right to be heard (see P. Artemis Compilation "Privileged Warrants, Principles and Cases", p. 109 etc., Regarding the Application of A. Konstantinidis (2003) 1(B) A.A.D. 1298, Marewave Shipping & Trading Company Ltd (1992) 1(A) A.A.D. 116).

The power of the Court to issue prerogative writs does not concern the correctness of the decisions of lower Courts, nor the manner of exercising their discretion. What matters is the legality of the controlled actions (Regarding the Bank of Cyprus Public Company Ltd, Pol. Eff. No. 12/21, dated 06.04.2021).

To apply for a writ of certiorari, the applicant must firstly obtain leave from the Court. Such leave is granted only when it is shown by the applicant that there is, on the merits, a triable issue. The applicant is not deemed to have proved a triable issue if any other remedy is offered, unless sufficiently exceptional circumstances exist, which render it arguable that a derogation should be made from that rule (R. v. Secretary of State [1986] 1 All ER 717, Anthimou (1991) 1 A.A.D. 41, St. Mestanas (2000) 1 A.A.D. 1469 and Chr. Michaelis and St. Michaelides (2001) 1 A.A.D).

The burden of demonstrating a triable case is always on the shoulders of the applicant (Regarding the Petition of Petros Evdokas (2016) 1(C) A.A.D. 3018). Furthermore, for the leave to be granted, the applicant must satisfy the Court that he/she has an arguable case in relation to what he/she raises (Eudoka (above) and Anthimou (1991) 1 A.A.D. 41).

If in doubt whether a writ of certiorari could be sought in a particular situation, consider seeking legal advice.

This article has been written by Chara Palekythriti, Lawyer - Legal Consultant ©

Disclaimer: This article is for informative purposes only and does not constitute legal advice, opinion or otherwise.