Sentences with phrase «judicial review if»

I am prepared to pursue this matter to judicial review if I am not satisfied with how the OIPC deals with it.

We may be able to help you appeal an education decision at judicial review if it is:

You may want to consider judicial review if you have received a decision from a tribunal which did not go in your favour and you believe that the decision was unreasonable or unfair.

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.

A decision can be challenged through the process of appeal or judicial review if there is a jurisdictional error.

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.

At Moore Blatch we have specialist and dedicated education and public law teams who can advise you on the merits of a judicial review if your child is facing a budget cut.

Also out is a provision allowing charters to seek judicial review if their petitions are turned down.

A free school threatened with closure has asked education secretary Nicky Morgan to remove herself from the decision - making process and threatened a judicial review if she remains involved.

After the public hearing, final decisions may be subject to judicial review if challenged.»

Members of the public will be able to instigate a judicial review if the cameras are set up or used inappropriately.

Under the bill CCTV cameras will fall under a statutory code of conduct, with citizens able to apply for a judicial review if they believe they are being used inappropriately.

CEHR chair Trevor Phillips has written to Jacqui Smith warning pre-charge detention risks disproportionately affecting Muslims and warned the CEHR would consider seeking a judicial review if it is passed.

In NYC the judge's plan is clearly discriminatory and could not survive judicial review if anyone has the balls to appeal this plan and enjoin NYS from implementing it.

Not exact matches

If you have a law degree, this is a great opportunity to identify and review legislative and judicial best practice developments in areas including public safety and risk management.

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».

«I inadvertently suggested to you that clause 64 contains a provision for the court to grant permission to proceed with a judicial review where conduct is highly likely to have not made a difference if it considered there were exceptional circumstances to do so.

Cameron says if he hadn't followed due process it would go to judicial review.

«We await the results of the judicial review with interest, but whatever way it goes there will probably be legal challenges either from the side of the communities and organisations who took the review or on behalf of HS2 if it doesn't go their way.

What we asking the Attorney General to do is to review its position on this matter, it may too late in a few weeks time and we will not forgive him if he goes to make a mockery of the Ghanaian judicial system at the African Court of Human and People's Rights.

Even if you can afford a judicial review, reforms will make it easier for public bodies to escape a full examination of whether or not they behaved in accordance with law.

Finally, the costs protection currently on offer will be withdrawn in most cases, exposing anyone bringing judicial review proceedings to swingeing costs if they lose.

Lawyers pointed out that the case would have been much harder to bring if Grayling had already forced through his changes to judicial review, which return to the Lords next Tuesday.

It warns of «a constitutional disaster» if a detailed statute sets out the relative powers, as this would open the whole relationship to judicial review.

If that was to happen, the next best option available would be to apply to the high court for a judicial review, a process the government itself says can be «complex, expensive and time - consuming».

Grayling claimed that courts would still be able to grant permission for judicial review cases under the new so - called «highly likely» restrictions if there were «exceptional circumstances».

If the buildings are approved as part of a «deficient process,» the letter warned, our clients (local tenants and two not - for - profit groups), «will exercise their right to seek judicial review.»

If Woolas wins his judicial review Ed's people are going to throw Harriet overboard».

Judicial review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality, and to strike them down if found unconstitutional.

«If they fail to give us that information, which is clearly available but has to be given to us, I will seek a judicial review,» he told BBC Radio 4's Today programme.

If OCR ever attempted to enforce that mandate, it would invite the judicial review it has every reason to avoid.

Remember that if you attempt to terminate our federal funds, we have the opportunity to seek judicial review.

If the FOIA Coordinator denies a request, the FOIA Coordinator will explain the reasons for denying the request, that is, either the public record is exempt from disclosure or the public record does not exist and will inform the requesting party of the right to appeal the denial to the Webberville Community Schools Board or seek judicial review.

If a FOIA request is denied by the FOIA coordinator, the FOIA coordinator must send a written notice containing the reasons for denial and explain the right to submit a written appeal to the Webberville Community Schools Board or seek judicial review in court.

If permission to seek a judicial review is granted, then a full two - day court hearing will be held immediately.

If this did not happen, the alliance said it would seek leave to apply for a judicial review.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

In 2002, Frank Kemerer, regents professor of teacher education and administration at the University of North Texas, reviewed each state's case law and judicial climate in order to characterize the likely orientation of the courts if a voucher law were to be challenged.

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.

(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.

Even if Congress passes a law allowing the Treasury Department to have incredible discretion in reorganizing financial companies, that does not mean that the actions are exempt from judicial review.

And Pastika promised if the central government ignores Balinese dissatisfaction, DPRD (a regional parliament) will propose judicial review for this law.

«Even if the All Writs Act authorized judicial review, the requested extraordinary relief is wholly unwarranted.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.

If the public attorney declines to prosecute then the complainant can request a judicial review of that decision.

Alex Monem, a partner at Pape Salter Teillet LLP, which represents First Nations affected by the decision, says no legal action has yet been taken, but an injunction barring further sales processes, or perhaps a judicial review, may be in order if the government refuses to negotiate.

The legal test used by the Court to determine the choice of a legal basis (if there are multiple) for the signing and conclusion of international agreements is well known: the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure (the context also matters in relation to international agreements).

The Court has often said, indeed for example in this case, that «the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure», also stating that, if there are multiple legal bases, the legislation should be based on the dominant legal basis (if recourse to a dual legal basis is not possible).

However it is slightly different in judicial review cases because the defendant, as a public body, may well suffer no financial loss if the decision is reversed.

The proposals, if implemented, will have the effect that many migrants and prisoners will no longer be eligible for legal aid; access to judicial review will be restricted; contracts for criminal work will be the subject of competitive tendering; and fees paid to legal aid solicitors and barristers will be reduced, by more than 50 % in some instances.