Since the Canadian government chose not to comply with any of these requirements, Friends of the Earth (FOE) filed three
applications for judicial review by the Federal Court.
On 6 March 2013, Mr Justice Hickinbottom gave judgment in
the application for judicial review by a number of Claimants into whether or not the Government has correctly transposed the EC Waste Framework Directive (2008 / 98 / EC) into domestic law...
The AMF's decisions are final and without appeal, although they may be contested through
an application for judicial review by the Superior Court of Quebec.
The Supreme Court has dismissed
an application for judicial review by an acquitted defendant in a trial brought about as a result of two brothers, former Ulster Volunteer Force (UVF) members, who turned «supergrass» for the Police Service of Northern Ireland (PSNI).
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.
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.
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.
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 deputy principal then made an
application to the High Court to
review this decision,
by way of
judicial review (a
review procedure
for decisions / actions of public bodies).
Brady's
application for permission to bring
judicial review proceedings was refused
by the High Court.
It concerned an appeal
by the Environment Agency relating to two
applications by Mr Mott
for Judicial Review of catch conditions imposed
by the Environment Agency on the terms of his licence to catch Salmon in the Severn Estuary, using an ancient form of fishing known as a putcher rank.
In the Employment Appeal Tribunal, he had also prepared
by himself two
judicial review claims and in the GMC proceedings itself he had prepared
by himself a detailed document in support of the
application for a stay.
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.
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.
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.
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.
Holmcroft's
application for judicial review arose out of concerns held
by Holmcroft that KPMG (as independent reviewer) and Barclays Bank PLC (the bank which sold the IRHPs to Holmcroft) had not given proper consideration to Holmcroft's claim
for consequential losses.
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).
Runchey v. Canada (Attorney General) et al. 2013 FCA 16 Administrative Law —
Judicial review — General — Scope or standard of review A Review Tribunal upheld a decision by the Minister of Human Resources and Skills Development to allow the application of Runchey's ex-spouse for a division of pension credits under the Canada Pension Plan (the
review — General — Scope or standard of
review A Review Tribunal upheld a decision by the Minister of Human Resources and Skills Development to allow the application of Runchey's ex-spouse for a division of pension credits under the Canada Pension Plan (the
review A
Review Tribunal upheld a decision by the Minister of Human Resources and Skills Development to allow the application of Runchey's ex-spouse for a division of pension credits under the Canada Pension Plan (the
Review Tribunal upheld a decision
by the Minister of Human Resources and Skills Development to allow the
application of Runchey's ex-spouse
for a division of pension credits under the Canada Pension Plan (the Plan).
In July, Telus filed its own
application for a
judicial review over restrictions on the sale of airwave licenses, after the government blocked the company from acquiring spectrum held
by struggling startup Mobilicity.
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....»
Permission to apply
for judicial review was refused
by the High Court, but granted
by the Court of Appeal, which went on to hear and dismiss the substantive
application for judicial review.
(d) actions brought
by students involving academic matters may be dismissed even where a student has been successful on a prior
application for judicial review.
Team leader in successful
application by the UK national lottery operator
for judicial review of decision
by National Lottery Commission in 2000
[1] This is an
application brought
by the applicant, Navjeen Kaberwal («Kaberwal»),
for judicial review of a decision made
by the Ministry of the Economy, Immigration Services («Ministry») on December 31, 2012 suspending Kaberwal's right to submit
applications to the Ministry
for a period of two years.
State Farm challenged this decision
by bringing an
application for judicial review in the Federal Court of Canada.
She was heavily involved in the case before the election commissioner to overturn the result of the mayoral election in Tower Hamlets in May 2014, including the enforcement of costs orders and resistance to an
application by the ousted mayor
for judicial review.
Initially, the
application for permission to bring
judicial review was refused
by the High Court.
Green J has ruled that Sandwell MBC («the Council») can continue its investigations into allegations of serious misconduct
by one of its elected members («the C»), after dismissing his
application for judicial review.
Unison's challenge to the fee regime,
by way of an
application for judicial review, had until now been unsuccessful.
Justice Stratas grants Alberta's
application to intervene on the presumption that the Crown represents the interest of Albertans in the proceedings (at paras 11 - 27) and denies the
application to intervene made
by the Tsartlip First Nation on the basis it is really an
application for judicial review under the guise of an intervention and its submissions would be duplicative of existing parties (at paras 35 - 54).
This
application for judicial review was dismissed
by the Superior Court of Ontario, but in Campbell J.'s reasons
for judgment he made extensive statements regarding Mr. Groia's conduct during the trial (para. 12).
On 28 July 2011, the Competition Appeal Tribunal («CAT») gave judgment on the
application by Ryanair Holdings plc («Ryanair»)
for judicial review of the decision
by the Office of Fair Trading («OFT») that it would be in time (should it decide to take such a decision) to refer to the Competition Commission («CC») Ryanair's acquisition of a minority shareholding in Aer Lingus Group plc («Aer Lingus»).
On 28 July 2011, the Competition Appeal Tribunal («CAT») gave judgment on the
application by Ryanair Holdings plc («Ryanair»)
for judicial review of the decision
by the Office of Fair Trading («OFT») that it would be in time (should it decide to take such a decision) to refer to the Competition Commission («CC») Ryanair's acquisition -LSB-...]
[1] This is an
application by a student and his parents
for judicial review of a decision to expel the student after he admitted to smoking marijuana in a friend's dormitory room the night before the final day of his sixth and final year at Appleby College («Appleby»).
On March 22, 2018, the Federal Court of Appeal (Court) published its decision in The Canadian Copyright Licensing Agency, Operating as Access Copyright v Canada, 2018 FCA 58, dismissing Access Copyright's
application for judicial review of a decision
by the Copyright Board (Board) certifying the royalties that provincial and territorial governments must pay Access Copyright
for the reproduction of copyright - protected works.
Judicial nominating commissions review applications for judicial vacancies in their district and select nominees for appointment by the g
Judicial nominating commissions
review applications for judicial vacancies in their district and select nominees for appointment by the g
judicial vacancies in their district and select nominees
for appointment
by the governor.
For example, if all evidence has been submitted to the judge who is
reviewing the evidence but has not yet rendered a decision, and the stock price of a public company held
by one spouse tanked unexpectedly, you could then make an
application to the trial judge to reopen the trial, and take
judicial notice of the current, much lower, stock price.
Its
application for permission to apply
for judicial review in relation to that decision was considered on the papers on 7 November 2007
by Lord Justice Sullivan, who directed that there should be a «rolled up» hearing at which the
application for permission and, if permission should be granted, the substantive
application for judicial review should be heard.
The Order may not help the Sage Grouse, though, because an
application for judicial review of the Order has been filed
by the City of Medicine Hat and LGX Oil & Gas Inc..
The
application for judicial review was dismissed
by the Court of Queen's Bench.
The Administrative Court has granted an
application for judicial review brought
by Drax Power Ltd against the Department
for Energy and Climate Change («DECC»).