On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate
in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.
Members of 5RB are also involved
in judicial reviews of decisions of the Press Complaints Commission and the other media regulators.
Our lawyers have acted for architects, engineers, lawyers, dentists, and accountants in professional errors and omissions claims, advised clients before professional regulatory bodies, acted for professional administrative bodies, provided advice regarding investigations conducted by administrative authorities, and have acted
in judicial reviews of decisions made by professional regulatory bodies.
Acting
in a judicial review of a decision of an Independent Reviewer (appointed under section 166 of the Financial Services and Markets Act 2000) to the effect that the redress offered to a client in respect of a mis - sold financial...
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.
Daphne Romney QC: instructed
in a judicial review of a decision by the National College for Teaching and Leadership (NCTL) to bar a headteacher for misuse of public funds; also representing a pharmacist at an eight - day hearing before the General Pharmaceutical Council late 2015.
Represented a health authority
in a judicial review of its decision to relocate an obstetrics ward outside of a small town hospital.
Not exact matches
A
judicial review («JR») is a type
of court proceeding
in which a judge
reviews the lawfulness
of a
decision or action made by a public body; they are a challenge to the way
in which a
decision has been made, rather than the conclusion reached.
And
in the crisis, emergency
decisions were made that have been effectively removed from
judicial review, including violations
of state corporate law and issues raised by the Constitution.
Various
judicial review and appeal applications have been launched with respect to both the JRP Report and the
decision of the Governor
in Council.
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.
We also oppose provisions
of the bill that expand the immigration detention system and erode the basic rights afforded to immigrants, including the provisions that allow for the indefinite detention
of individuals who can not be deported to their home countries; that expedite removal proceedings or automatically imprison immigrants without providing them access to attorneys or judges; that increase detention capacity by an additional 20,000 beds to house immigrants awaiting their day
in court; and that diminish the checks and balances
of judicial review over immigration
decisions.
The ACCC had 28 days
in which to apply for
judicial review of the
decision, but such a
review would not test the merits
of the Tribunal's
decision.
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».
Last year he singled out planning
judicial review by saying cases must be brought within six weeks
of any
decision rather than the usual three months, knowing it is harder for small community groups to raise money and start complex proceedings
in this short space
of time.
Perhaps the minister should look at the quality
of decision - making
in his own department and its agencies before seeking to limit
judicial review.
Top
of the pops this week was a piece on the Liberal Democrat
decision to support the Conservatives
in dismantling
judicial review.
Plans for two new state - funded Catholic schools with discriminatory admissions policies have cleared a further hurdle today, after Mr Justice Sales
in the High Court dismissed a
judicial review of Richmond - upon - Thames council's
decision to approve them.
An Accra High Court presided by Justice Ackah Boafo has
in a
judicial review quashed the
decision by the lands and natural resources ministry to revoke the mining license
of Exton Cubic Group Limited, owned by Ibrahim Mahama.
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.
A year later members
of the U.S. House
of Representatives introduced a bill that would strip federal protections from wolves
in the Great Lakes region and Wyoming with language preventing any further
judicial review — overruling two court
decisions finding that the Fish and Wildlife Service had wrongly removed Endangered Species Act protections for the wolf.
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
decisions of public bodies, such as the Secretary
of State (and therefore
of RSCs where they assume the powers
of the Secretary
of State), local authorities and schools can be challenged by way
of judicial review and other appropriate proceedings
in the High Court.
The judge said the
decision about whether to hold a
judicial review should be heard
in open court, after privately considering the merits
of the application.
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.
The Department for Education (DfE) has said it disagrees with «some aspects»
of the court's
decision last month to rule against education secretary Nicky Morgan
in a
judicial review brought by six parents, but has not said which.
The legality
of the government's
decision over the Weald
of Kent has been called into question by some, including former schools minister David Laws, who said
in his diaries that ministers were warned the
decision was at serious risk
of losing if put to a
judicial review.
Given that it currently appears unlikely that the Senate will agree to anything resembling the current cap and trade bill, this EPA
decision may well greatly decrease the chances that the US will
in the end implement serious regulation
of GHGs since EPA regulations under the Clean Air Act must survive
judicial review of any regulatons that EPA may promulgate.
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.
The lesson
of all three cases is that the courts do not accept that the funding
of litigation is a matter for Parliament alone and the
judicial review procedure will usually be the mechanism for challenging government
decisions in this field, although Coventry is not a
judicial review case.
Finally, he brought yet another
judicial review application
in Ontario to,
in the Court's words, «reconsider the surrender
decision made by a previous Minister
of Justice and confirmed by another Minister
of Justice.»
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.
One is the ability
of a
decision making body to participate
in or commence
judicial review proceedings.
We also represent clients
in challenging
decisions of regulators and policy makers through environmental
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).
In addition to these administrative mechanisms, a patient may turn to the courts for
judicial review of either the substantive
decision (i.e. the
decision to cover (or not) a particular medical service) or the process used to make that
decision.
restrict the right to an oral hearing
in cases where the individual is seeking
judicial review of a prior
judicial decision, such as the
decision of a bench
of lay magistrates or the parole board.
We also represent employers before all levels
of courts
in wrongful dismissal actions, occupational health and safety matters,
judicial reviews of decisions made by administrative tribunals and to obtain injunctive relief.
We granted certiorari, 510 U. S. 1068 (1994), to consider whether Oregon's limited
judicial review of the size
of punitive damages awards is consistent with our
decision in Has lip.
Late last year, the Supreme Court
of Canada derided «fashionable» claims by applicants for
judicial review that a correctness standard should apply
in the
review of administrative
decisions.
[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.
You may want to consider
judicial review if you were a part
of a dispute resolution proceeding at the Residential Tenancy Branch (RTB) which did not go
in your favour and you believe that the
decision made by the arbitrator at the hearing was unreasonable or unfair.
[56]
Decisions of the Tribunal are subject to
judicial review in the Federal Court
of Appeal.
A
judicial review is a court action
in which a judge
reviews the
decision of a tribunal or other legal
decision - maker for serious errors or unfairness.
All those involved
in the wind power industry should take note
of this
decision, which could eventually be submitted to
judicial review.
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.