Sentences with phrase «judicial review applications by»

Not exact matches

Jan. 17, 2014: First of 10 applications filed in Federal Court and the Federal Appeal Court by environmental and First Nations groups seeking judicial review of panel recommendation to approve project.

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.

The risk of judicial review must be factored into the application process to ensure that all the required procedural steps are properly followed by the LPA.

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.

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.»

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.

It confirms the terms of an interim declaration procured by the Law Society from Mr Justice Keith on 5 October 2006 in judicial review proceedings relating to the transitional application of the change.

Furthermore, Runa Begum had not mandated the application of judicial review principles by the county court in s 204 appeals, nor had it developed the jurisprudence beyond that in Nipa Begum.

Nothing was said by the Court of Appeal in Nipa Begum which showed either that the approach of the county court on s 204 appeals was identical to the powers of the High Court on a judicial review application or that it was required by an enactment.

In his judicial review application, Girouard argues the process followed so far by the CJC has «generally been in a manner that infringes upon the independence of federally appointed judges.»

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.

Between CA 1989 receiving Royal Assent and its coming into operation in October 1991 in R v B County Council exp P [1991] 1 FLR 470 the Court of Appeal was confronted by a judicial review application, the only way a local authority's failure to call live evidence (as opposed to rely hearsay) could be done then.

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.

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...

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.

The news comes as the LSC confirms plans to appeal the judgment in the judicial review brought against the unified contract by the Law Society, R (on the application of the Law Society) v Legal Services Commission.

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....»

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

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.

In some cases, negotiating with the Home Office or making a fresh application is the fastest resolution while others require more extreme measures, such as challenging a Home Office decision in an appeal or by Judicial Review.

Team leader in successful application by the UK national lottery operator for judicial review of decision by National Lottery Commission in 2000

While the secretary of state accepted that this was the case, he argued that the system taken as a whole — including the ability to bring judicial review proceedings against a refusal to remove from the provisional list — meant that the system complied with Art 6 (1), as per the principle laid down by the European Court of Human Rights in Bryan v United Kingdom (Application 19178 / 91)(1995) 21 EHRR 342.

[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.

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.

State Farm challenged this decision by bringing an application for judicial review in the Federal Court of Canada.

By: Sarah Burton PDF Version: What Happens when a Self - Rep Steps on a Procedural Landmine during Judicial Review Case Commented On: Raczynska v Alberta Human Rights Commission, 2015 ABQB 494 The Alberta Court of Queen's Bench recently rejected an application... Continue reading →

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.

Public law challenges in Judicial Review through the Administrative Court often involve the application by the NHS or Local authorities over public law principles such as willingness, unwillingness, reasonableness and the rationality of services and what at the end of the day they are willing and able to provide.

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.

This person is chosen from a list of individuals whose applications have been reviewed and who have been found qualified by the Judicial Nominating Commission.

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).