Sentences with phrase «claimants challenged that decision»

The claimants challenged that decision by way of judicial review.

Not exact matches

The Low Incomes Tax Reform Group (LITRG) have welcomed HMRC's commitment to carry out a review of all summer 2016 decisions made by Concentrix that have not already been challenged by claimants and to improve their compliance processes for 2017 and beyond.

There are circumstances in which it is manifestly unfair to expect the claimant to mount a full - blown constitutional challenge before the first decision - maker with power to hear it, a point at which they are most likely to be without the benefit of legal advice.

Second, does such a presumption put the rights claimant in the position of having to challenge the legislative objective in order to defeat the presumption, when all she wants to do is challenge a specific decision?

Our specialist team of lawyers advises on judicial review of planning decisions, as well as statutory challenges for claimants and defendants in the High Court, Court of Appeal and Supreme Court.

The claimants did not challenge the decision to nationalise itself, rather the provisions of the compensation scheme which, they contended, breached their right to property under Art 1 of the First Protocol to the European Convention on Human Rights.

Faced with an argument that NICE's refusal to disclose the model was of itself a distinct and challengeable decision and the claimant had therefore unduly delayed in bringing a claim, having waited (some 18 months) for the final outcome of the decision - making process, Richards LJ indicated (albeit apparently obiter) that he considered it more likely that an earlier challenge would have been considered premature and inappropriate, as the outcome of the process as a whole was unclear and may have proved acceptable to the claimant.

It was open in principle to the claimant to bring a challenge by way of judicial review, on the ground of breach of legitimate expectation, to the defendant's decision to terminate her tenancy, just as it was open to her in principle to bring a challenge on Convention grounds against the defendant as a public authority.

LORD BINGHAM: The essential point of the claimants» challenge did not relate to the relevance of national security to the director's decision or the government's assessment of the risk to national security but to the threat uttered (as it was said) by the Saudi representative to the prime minister's chief of staff.

The EAT accepted that the position of the two gay registrars was materially different to that of the claimant who sought to challenge the council's decision not to excuse her from civil partnership duties, whereas the two gay registrars were not seeking to be excused, but were complaining that it was discriminatory for the claimant to be exempted from performing such duties.

Similarly, in Chantiers de L'Atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383, the High Court dismissed a challenge to an award, despite making a finding that there had been fraud in the arbitration, because the claimant was unable to establish that the tribunal probably would have come to a different decision if there had been no fraud.

R (London Criminal Courts Solicitors Association and others) v Lord Chancellor [2015] EWCA Civ 230, [2015] EWHC 295 (Admin), [2014] EWHC 4733 (Admin)-- represented the claimant / appellant solicitors» associations in their challenges to the Lord Chancellor's decisions concerning criminal legal aid tenders.

Ronnie has acted in a broad range of judicial review claims on behalf of claimants and defendants, including challenges to decisions of local authorities and central government.

We represent both claimants and defendants and offer a comprehensive service, including advice in relation to structuring commercial agreements with public bodies and to making or challenging decisions, representation at interim and full hearings, and beyond to the appellate courts.

R (Sarkandi and others) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWHC 2359 (Admin)-- challenge to the Foreign Secretary's decision to propose, to the European Union Council of Ministers, the imposition of sanctions on the claimants.

On the defendant's approach, once the underlying public law decision under challenge had been quashed, there could be no more legal aid provision — and that would mean that a claimant who successfully secures a quashing order would, necessarily, be denied legal aid to resist any appeal by the defendant public body.

Although there remains (perhaps inevitably) considerable uncertainty as to the application of the principles in any particular case, there is no doubt that there is a growing willingness to grant PCOs to claimants with limited means challenging decisions of public bodies.

In cases brought under the 1975 Act (one of the only means for individuals to challenge the terms of a valid will), the test is still what would have been reasonable financial provision for the claimant to receive in the circumstances of the estate, so it is common for a «luxurious» lifestyle to be taken into account in making a decision.

An analysis producing the result that the court did not have jurisdiction to hear the secretary of state's appeals would take the form: (i) the Social Security Act 1998 (SSA 1998), s 15 provided for an appeal against «any decision of a Commissioner»; (ii) the «decision» in each of the cases was to be found in para 1, dismissing the claimant's appeal; (iii) the secretary of state was not seeking to challenge that decision; (iv) by analogy with Lake v Lake [1955] 2 All ER 538, he had no right to challenge the reasoning on an issue upon which he was unsuccessful — jurisdiction — when the ultimate decision was wholly favourable to him.