Sentences with phrase «re application for judicial review»

The case is an application for judicial review, attempting to strike down Ministry of the Environment action that allowed Suncor to increase production (and presumably emissions) from its refinery in Chemical Valley.

This is an application for judicial review of the decision of the Immigration Appeal Division («IAD») to refuse the Applicant A.B.'s appeal to sponsor her parents due to her father's medical inadmissibility for excessive demand on health services.

Therefore, the only remedy to overturn the decision of an arbitral tribunal in Newfoundland and Labrador is an application for judicial review.

Not exact matches

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.

The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application for a judicial review of the underlying legislation was dismissed in the high court.

In March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rights.

[54] Woolas launched a second judicial review, technically a renewed application for permission to seek judicial review, and was heard in person at the High Court on 16 November 2010.

But when his appeal was unsuccessful, he did what none of his colleagues had ever done before: he filed an application for judicial review before the Federal Court of Canada.

Upon application for Judicial Review, the High Court found that Ofsted's complaints process was defective because it did not permit a substantive challenge to the most serious criticisms, namely, when a school was found to have serious weaknesses or requiring special measures.

For that reason it is important to avoid or mitigate the risk of judicial review of the planning permission by ensuring that all the relevant procedural steps have been followed in the application process, and all relevant issues have been addressed.

Thus, the application for judicial review was granted and the matter was sent back to the Tribunal to issue a declaration that the publication of the article «AIDS Secrets» by the respondent Marc Lemire constituted a breach of s 13 of the Canadian Human Rights Act and to determine a proper remedy for the breach.

Judicial review is a paper — based process and the applications for interim relief are usually made on paper in the first instance.

The Santos claim is the only issued application for judicial review on the issue of whether the...

According to a judicial review application, the Agreement provided for certain payments to Wong by the Globe & Mail, provided the terms of the settlement were kept confidential.

The second preliminary reference (Watson) arose before the Court of Appeal in the context of applications for judicial review of the UK's Data Retention and Investigatory Powers Act (DRIPA) on the grounds that this Act was incompatible with the EU Charter and the ECHR.

Brady's application for permission to bring judicial review proceedings was refused by the High Court.

The Chamber indicated that it would approach the High Court for an urgent interdict to suspend its implementation, pending the launch of judicial review proceedings, and that it intended reviving its previous application for a declaratory order, which had been temporarily suspended pending discussions with the DMR.

Flowing from that dismissal, the application for judicial review was moot.

(39) On an application for judicial review of the arbitrator's decision, no determination or selection that the arbitrator was required to make under subsection (29) shall be overturned unless the determination or selection was patently unreasonable.

The Federal Court may also direct that applications for judicial review be treated as actions (Federal Courts Act, s. 18.4 (2)-RRB-.

However, Rule 3.15 is actually broader and stricter than the Limitations Act — it places an absolute time restriction on filing and service of an application for judicial review.

Ms. Raczynska's application for judicial review was dismissed in its entirety (at para 77).

I am not convinced it is entirely unreasonable to consider whether there could be legal reforms permitting the Commission to have some role in serving respondents in applications for judicial review.

The Divisional Court is a branch of the Ontario Superior Court of Justice that hears applications for judicial review and certain appeals.

The claimants brought an application for judicial review, contending that that basis of valuation was unfair.

However, if an application for forfeiture is concluded before judicial review proceedings, then this will provide no effective remedy.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

In the latest instalment of the Baby P cases, the secretary of state and Haringey have filed applications for permission to appeal the Court of Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dismissal.

An application for judicial review was filed Sept. 1 with the Divisional Court of the Ontario Superior Court on behalf of all members of the Anishinaabe Nation in Treaty 3 against the Ontario minister of Energy and the Ontario Power Authority.

The court should be slow to entertain an application for judicial review as an alternative to an appeal by way of case stated just because the time limit for an appeal has been missed, even if the fault lies with the claimant's solicitors rather than with the claimant personally.

There is tension afoot between the UK government and representatives of the country's lawyers, over draft legislation designed to stem the tide of applications for judicial review of government decisions.

The Divisional Court quashed the application for judicial review on the grounds that it lacked the jurisdiction to grant some of the relief sought and there were complex questions of fact and law that required a trial.

Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to make a decision applying the principles that were applied by the court on an application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the application of judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.

Further, the draftsman clearly drew a very important difference between «an appeal... on any point of law» in s 204 (1) and «the principles that are applied by the court on an application for judicial review» in s 204A (4) by using those different terms for different classes of cases in HA 1996.

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention on behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECHR.

Lemaigre was a Federal Court application for judicial review of a Dene band decision made under the Clearwater River Dene Nation Election Act and Regulation.

The Divisional Court dismissed the application for judicial review brought by another drug manufacturer, finding that the drug approvals process was transparent, even - handed, fair and reasonable.

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis [2008] EWHC 1042 (Court of Appeal), junior counsel in intervention on behalf of Liberty in judicial review of decision to retain information on national extremism database in reliance on Article 8, ECHR.

There is some skill in drafting an application for judicial review, of course, but it occurs to me that the arrival of this brief may have reflected the magic of Matrix Chambers or a pro bono effort by Eloise to get some experience in the High Court.

«I am satisfied that there is a public interest in knowing how the CJC deals with complaints against judges to ensure the public has confidence in the integrity of the process and to also ensure that the application for judicial review can be conducted in a meaningful way,» Milczynski wrote.

The application for judicial review was dismissed, the appeal was granted, and the case was sent back to the board.

Note that an application for judicial review of this case is pending before the Federal Court of Canada (Court File T -295-15).

The court ordered that the liability aspect of the claim be heard with the Society's application for judicial review.

Since the release of these court orders, CJC communications director Johanna Laporte says they are expecting the Federal Court to set a hearing date for the judicial review application.

Most recently, Zac acted for a claimant in a claim for judicial review which argued that guidance issued by the Secretary of State was contrary to the IORP Directive (R (on the application of the Palestine Solidarity Campaign) v Secretary of State for Communities and Local Government (led by Nigel Giffin QC).

This was an appeal by a serving prisoner, SF, against the dismissal of his application for anonymity and reporting restrictions in judicial review proceedings.

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

These days the remedies for people who feel that the Home Office has misapplied the law or failed to properly assess their case are far more limited; basically a right to a second pair of Home Office eyes reviewing their application followed by an application for judicial review if their pockets are sufficiently deep to finance their own legal team and face the significant costs that may be sought by government lawyers if their claim fails.

Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms & Precedents that states the inclusion of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of judicial review....»