Sentences with phrase «decision on a judicial review»

This is a decision on a judicial review of the Government's decision to introduce the Draft Order (it was lodged earlier in the year).

This high standard of review — higher than reasonableness — was recently confirmed by the B.C. Supreme Court in RM v. the College of Physicians and Surgeons of British Columbia, 2011 BCSC 832, the first decision on a judicial review of an HPRB decision.

There are essentially two types of errors that might lead a court to overturn a RTB decision on judicial review:

How serious does a substantive error have to be for a court to set aside a RTB decision on judicial review?

R (Evans) v Attorney General [2014] EWCA Civ 254, [2014] 2 WLR 1334, CA, March 12 2014; [2014] QB 855 Court of Appeal's decision on judicial review challenge to exercise of veto over correspondence between The Prince of Wales and Government Ministers.

This therefore gives the tribunal an opportunity to buttress the decision on judicial review.

This also raises an important question for tribunal decision makers: if implicit reasons are important enough to ground a decision on judicial review, why are they not important enough to make explicit in the original decision?

However, an appeal to the County Court from the local authority's decision on judicial review principles is judicial scrutiny of sufficient scope to satisfy the requirements of Article 6.

Not exact matches

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

An appeal on the merits is not available for Tribunal merger authorisation decisions, but the ACCC is seeking judicial review, alleging three reviewable errors, including that the Tribunal erred in its reasoning that «it could only conclude that the proposed acquisition was likely to result in a detriment if the Tribunal concluded that there would be a substantial lessening of competition».

Read the OSA's decision: https://humanism.org.uk/wp-content/uploads/AD2410The-London-Oratory-Hammersmith-Fulham-28August13.docx Read the BHA's previous press release on the OSA decision: https://humanism.org.uk/2013/08/29/schools-adjudicator-london-oratory-school-must-overhaul-admissions-criteria-after-bha-complaint/ Read the BHA's press release on the threat of judicial review: https://humanism.org.uk/2013/11/05/london-oratory-school-challenges-schools-adjudicators-decision-must-rewrite-admissions-policy/ Read more about the BHA's campaigns work on «faith» schools: http://www.humanism.org.uk/campaigns/religion-and-schools/faith-schools View the BHA's table of types of school with a religious character: http://www.humanism.org.uk/wp-content/uploads/schools-with-a-religious-character.pdf The British Humanist Association is the national charity working on behalf of non-religious people who seek to live ethical and fulfilling lives on the basis of reason and humanity.

Ms Smith constantly gave way to MPs on various aspects of the bill, including compensation for those who are not charged after being held for 28 days, the definition of what constitutes «grave and exceptional» circumstances and why she has avoided judicial review of the decision.

This broad discretion rests largely on the recognition that the decision to prosecute is particularly ill - suited to judicial review.

A judicial review of a decision to approve two state - funded, highly selective Catholic schools will be heard at the High Court on 15 and 16 November.

Top of the pops this week was a piece on the Liberal Democrat decision to support the Conservatives in dismantling judicial review.

Campaign group Comprehensive Future had previously said it was seeking advice on the feasibility of a judicial review of the decision in the High Court, but has delayed plans due to a lack of information.

Margaret Tulloch of Comprehensive Future, a group which campaigns for equality of opportunity in education, confirmed they were taking advice on the feasibility of a judicial review of the decision in the High Court.

The alliance is hoping for an early decision from the court on whether to allow a judicial review of the case which they hope could take place before the new year.

Last week, Comprehensive Future, which campaigns for equality of opportunity in education, said the group was taking advice on the feasibility of a judicial review of the Weald of Kent decision in the High Court.

A landmark judicial review that was set to shine a light on decisions made behind closed doors by regional schools commissioners has been settled out of court.

The court stated the classic position on the proper ambit of judicial review, ie that the function of the court is «to review the decisions of statutory decision makers applying public law principles».

Whilst the CAC's decision can not be appealed (though it could be challenged by way of judicial review in the High Court), the legal battle on the «gig economy» riders» status is far from over.

At the centre of this appeal is the approach to be taken by a court to judicial review of such decisions, both on procedural and substantive grounds.

We are now one of a group of test cases linked for judicial review proceedings — challenging not only particular decisions on ECF but the operation of the scheme as a whole.

In R (on the application of the Transport and General Workers Union and another) v Walsall Metropolitan Borough Council [2001] All ER (D) 85 (Jun) a council decided to press ahead with a decision to award its catering services to an outside contractor, M Ltd, instead of the authority's internal caterers despite the existence of an unresolved judicial review claim.

Requiring the Crown to weigh proportionality, the court says, «would greatly expand the scope of judicial review of discretionary decisions made by prosecutors and put at risk the adversarial nature of our criminal justice system by inviting judicial oversight of the numerous decisions that Crown prosecutors make on a daily basis.»

The Federal Court yesterday upheld the ACCC's application for Judicial Review, setting aside the decision of the Australian Competition Tribunal on 22 June 2017 to authorise the proposed merger between Tabcorp at Tatts.

A lengthy procedural history included Ms. Johnstone's complaint being initially dismissed by the Canadian Human Rights Commission, which decision was subsequently considered by the Federal Court on judicial review (2007 FC 36), and then by the Federal Court of Appeal (2008 FCA 101).

[56] Thus, «On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.»

Working with specialist lawyers across our firm in sectors such as energy and environment, we provide high quality, pragmatic advice on the judicial review of planning decisions.

We advise on judicial review of planning decisions in the High Court, Court of Appeal and Supreme Court.

(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.

Acting as pro bono counsel for Trevor Loke with respect to a judicial review of the Minister of Advanced Education's decision to consent to a law school at Trinity Western University on the basis that such decision violates his equality rights under the Charter.

Mr Justice Ouseley handed down judgment today on a number of judicial review challenges to the Government's decision to proceed with a high speed rail link from London to Birmingham, Leeds and Manchester.

This was an appeal against a decision of Bean J to reject a judicial review of the Parking Adjudicator's decision in a test case concerning the effect of alleged defects in traffic signs and road markings on the liability to pay the penalty charge (a parking ticket).

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.

How the implied term would apply on the facts is another matter, but rationale behind the ban on using the implied term in the course of judicial review proceedings to determine the fairness of the decision to dismiss is not obvious or supported by any authority.

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.

He therefore concludes that the OMT programme can be reviewed in this preliminary ruling, also because «the alternative — namely declaring an act such as the OMT programme not actionable — would entail the risk of excluding a significant number of decisions of the ECB from all judicial review merely on the ground that they have not been formally adopted and published in the Official Journal» (at 89).

That is to say, the focus of the litigation was on the authorizing decision and not the resulting legislation and so judicial review was confined in its scope to an analysis of the legality of the authorizing decision.

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.

Courts on judicial review do view expertise as a valid doctrinal reason for deference, and are willing to put aside their own interpretation of a statute in favour of a decision - maker's.

The Court of Appeal held — on a more or less technical judicial review basis — that the decision not to call J was within the local authority's discretion and could not be set aside by judicial review.

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, ECHOn 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, ECHon behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECHon national extremism database, in reliance on Article 8, ECHon Article 8, ECHR.

After Microsoft had filed its request for judicial notice, but still on the same day (Monday), the ITC postponed the target date for its decision on the scope of the review of the preliminary ruling on the Xbox by one week.

Their reformulated reasonableness standard retains key features of its predecessors: (i) applicability to questions that lend themselves to more than one answer; and (ii) judicial review limited to an assessment of the administrative decision - maker's reasons on the basis of its justification, transparency, and legitimacy.

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, ECHOn 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, ECHon behalf of Liberty in judicial review of decision to retain information on national extremism database in reliance on Article 8, ECHon national extremism database in reliance on Article 8, ECHon Article 8, ECHR.

In his dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas expressed doubt that «Congress intended administrative preclusion to apply to TTAB findings of fact in a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisions.

She sought judicial review of the authority's decision, relying on Art 8 of the European Convention on Human Rights.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».