Sentences with phrase «judicial review of decisions by»

In a (somewhat) recent post commenting on Justice Brown's appointment to the Supreme Court, Paul Daly wrote about «an interesting paradox» in the world of judicial review of decisions by the «political branches» of government: «[t] hose [who] would defer to Parliament would not defer to the executive.»

First of all, the Court was not convinced by the Opinion of the Advocate General (AG) Jääskinen, who proposed that the judicial review of all decisions by the Petitions Committee must be precluded under Article 263 TFEU in so far as those decisions are not challengeable acts within the meaning of that Article.

The Australian Competition and Consumer Commission has decided that it will not apply for judicial review of the decision by the Australian Competition Tribunal to grant conditional authorisation to AGL Energy Limited's (AGL) proposed acquisition of Macquarie Generation.

The Ktunaxa brought a judicial review of the decision by the Minister of Forests, Lands and Natural Resources on the basis that (1) the project infringed their right to freedom of religion under section 2 (a) of the Charterand (2) the government breached the duty to consult under section 35 of the Constitution Act, 1982.

The case, a judicial review of a decision by Deputy District Judge Stott at Warley Magistrate's Court, looked at the scope of legal professional privilege and litigation privilege, the nature of the legal authority required if these privileges are to be lawfully overridden, and the proper construction of provisions contained in the CrimPR.

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.

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

Advising Aer Lingus on the judicial review of a decision by the Civil Aviation Authority concerning discriminatory pricing by Heathrow Airport in respect of passenger charges (the decision was withdrawn shortly prior to proceedings being heard).

On 28 July 2011, the Competition Appeal Tribunal («CAT») gave judgment on the application by Ryanair Holdings plc («Ryanair») for judicial review of the decision by the Office of Fair Trading («OFT») that it would be in time (should it decide to take such a decision) to refer to the Competition Commission («CC») Ryanair's acquisition of a minority shareholding in Aer Lingus Group plc («Aer Lingus»).

On 28 July 2011, the Competition Appeal Tribunal («CAT») gave judgment on the application by Ryanair Holdings plc («Ryanair») for judicial review of the decision by the Office of Fair Trading («OFT») that it would be in time (should it decide to take such a decision) to refer to the Competition Commission («CC») Ryanair's acquisition -LSB-...]

On March 22, 2018, the Federal Court of Appeal (Court) published its decision in The Canadian Copyright Licensing Agency, Operating as Access Copyright v Canada, 2018 FCA 58, dismissing Access Copyright's application for judicial review of a decision by the Copyright Board (Board) certifying the royalties that provincial and territorial governments must pay Access Copyright for the reproduction of copyright - protected works.

This case concerned a judicial review of a decision by the defendant college to reject the claimant's complaint that the award of her second year grades did not properly take into account certain extenuating circumstances.

The question arose again in a recent High Court judicial review of a decision by the SRA to rescind the referral of a misconduct complaint to the SDT.

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.

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.

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.

Judicial review is used by individuals, businesses and organisations to test the lawfulness of government decisions and actions, from those of ministers to local authorities.

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 Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

Woolas responded by saying he would seek a judicial review of the decision, arguing through a statement issued by his solicitor that the ruling would «inevitably chill political speech».

The Ministry of Justice plans to tighten the test that needs to be passed before a judicial review can be brought to challenge decisions by the Government and public bodies» — The Times (#)

The commission told the Good Law Project that its fresh investigation was «commenced after internal consideration of the papers while responding to a judicial review initiated by the Good Law Project of the decision not to investigate following the original assessments».

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 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.

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.

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.

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.»

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.»

When the Commission issues a decision against a given party, such party has at its disposal the complete system of judicial review provided by EU law, which includes the action for annulment at the General Court and the appeal to the CJEU.

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).

The Divisional Court has held that decisions of hospital committees can be subject to judicial review by the courts.

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.

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.

The respondents asserted (as characterized by the court) that «the proper function of judicial review is to determine whether the decision itself was reasonable and whether the decision makers had the jurisdiction to make the decision.

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).

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.

Following the issue of judicial review proceedings by the London Borough of Islington, Transport for London has withdrawn a decision for the temporary closure of...

(Judicial review; whether a disciplinary or regulatory decision to prosecute engages Article 8 (1) of the ECHR where the accused has been prosecuted by a previous regulator).

Following the issue of judicial review proceedings by the London Borough of Islington, Transport for London has withdrawn a decision for the temporary closure of Caledonian Road tube station.

The same reasoning can be found in the action brought by the Prophet River and West Moberly First Nations in a concurrent judicial review to the Federal Court of the decision of the Governor in Council under the Canada Environmental Assessment Act, 2012: Prophet River First Nation v. Canada (Attorney General), 2015 FC 1030.

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.

The recent history of judicial review in Canada has been marked by ebbs and flows of deference, confounding tests and new words for old problems, but no solutions that provide real guidance for litigants, counsel, administrative decision makers or judicial review judges.

Whereas the sources of Ofsted and the secretary of state's powers make their decisions plainly amenable to judicial review by Shoesmith, it is less clear that judicial review is available as a remedy against her employer.

Coincidently, I just read a free movement of goods case again (Dynamic Media Vertrieb 244/06) and it although the case is quite different, the Court also highlights the importance of judicial review by national courts of decisions by authorities that affect EU rights (in this case the right to market products in another MS).

The decision is important for examining the level of deference by the judiciary in applying judicial review where matters extend into public policy relating to the precautionary principle in environmental law.

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.

This comment looks at a recent decision of the Saskatchewan Court of Appeal concerning the judicial review of a mineral royalty decision made by Saskatchewan's Minister of Energy and Resources.