Sentences with phrase «judicial review proceedings»

Following the Board's dismissal of the tax assessment petitions filed by the Broker, the Broker retained an attorney to commence judicial review proceedings of the Board's actions.

She also has experience in immigration Judicial Review proceedings.

Kate has broad experience in administrative and public law, including Judicial Review proceedings, representing local authorities and defendants in anti-social behaviour injunction cases and housing law claims.

Renewable energy operator RES UK and Ireland Limited, represented in the High Court in Belfast by Gordon Nardell QC, has succeeded in judicial review proceedings about its proposed 7 - turbine wind farm at Barr Cregg, near Derry City.

The applicant began judicial review proceedings against the Environment Agency's decision to impose conditions on a salmon fishing licence.

Additionally, there was a need for automatic judicial scrutiny of any detention as opposed to requiring the individual to initiate judicial review proceedings themselves.

The general equality duty is currently enforceable only by judicial review proceedings.

One particularly notable, if complex, decision last year was that of Mr Justice Burton in judicial review proceedings in R (on the application of the Equal Opportunities Commission) v Secretary of State for Trade and Industry [2007] IRLR 327, [2007] All ER (D) 183 (Mar) that amendments to the Sex Discrimination Act 1975 in 2005 to comply with the amended Equal Treatment Directive 76 / 207 / EC did not transpose those changes properly in certain detailed ways.

Francesca Richmond explains why the High Court has reversed the default position regarding access to documents in judicial review proceedings

In cases engaging the largest issues, such as the relationship between judicial and executive power, it seems unlikely that judicial review proceedings would succeed.

The director of Revenue and Customs Prosecutions challenged the decision to refer by way of judicial review proceedings.

The inclusion of courts in the definition of public authority means that individuals are sometimes able to rely on Convention grounds in judicial review proceedings against the lower courts, such as magistrates» courts and the immigration appeals tribunal.

This appeal considered whether, in proceedings for judicial review of the legality of a search warrant issued ex parte, it is permissible for the High Court to have regard to evidence that is not disclosed to the subject of the warrant, and if so, whether the same applies to judicial review proceedings regarding the legality of an order made inter parties for retention of unlawfully seized material under the Criminal Justice and Police Act 2001, s 59.

In fact, the PSNI had even considered bringing judicial review proceedings itself to get clarity on its powers under the 1998 Act.

The effect is that in judicial review proceedings the High Court must refuse relief if it appears «to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred», unless the granting of relief is appropriate «for reasons of exceptional public interest».

On appeal from: [2016] EWCA Civ 564 The applicant began judicial review proceedings against the Environment Agency's decision to impose...

In three linked cases the Administrative Court has just given important general guidance on the relationship between judicial review proceedings and references to the Office of the Independent Adjudicator for Higher Education.

Representing the Co-operative Group in successfully appealing, at the Competition Appeal Tribunal, an OFT decision (imposing a fine of # 14.2 million) that it had participated in alleged anti-competitive practices in the tobacco sector and subsequently for its subsidiary, Somerfield, in appeal and judicial review proceedings to recover the fine imposed on it for its separate participation in those alleged practices.

Others, including their counsel, made representations to abolish recording to avoid delays in judicial review proceedings.

He is experienced in all aspects of EU procurement law including procurement related disputes, commercial contractual disputes, PFI disputes, judicial review proceedings and public law disputes.

At the same time, the Board was aware that on judicial review proceedings, transcripts were being asked for by affluent parties and not by others.

The availability of protective costs orders (PCOs) in judicial review proceedings has, since first considered in R v Lord Chancellor ex p Child Poverty Action Group [1999] 1 WLR (CPAG), become an important part of the judiciary's response to such concerns.

The court noted that complex judicial review proceedings and trials are often disposed of in less time and that the delays in the grievance process «stretch the boundaries of tolerance».

This will, to some extent at least, depend upon issues of practicability which are much better suited to resolution in the employment tribunal proceedings (currently sisted pending the resolution of this case) than in judicial review proceedings such as these.

As a result, Mr Beggs raised a first set of judicial review proceedings.

Acting for the Government in current judicial review proceedings challenging the compatibility of the Investigatory Powers Act 2016 and the legal framework for governmental surveillance powers generally with human rights.

Acting for the Government in current judicial review proceedings alleging discrimination within the Local Government Pension Scheme concerning the provision of survivor's benefits to cohabitees.

The starting point was Northwestern Utilities Ltd. v. City of Edmonton, [1979] 1 S.C.R. 684, at p. 709, where, citing concerns about impartiality, Estey J. limited a tribunal's participation in judicial review proceedings to «an explanatory role with reference to the record before the Board and to the making of representations relating to jurisdiction».

She has been instructed to seek urgent stays on removal, draft grounds for judicial review, and has appeared before the Upper Tribunal in judicial review proceedings relating to fresh claims.

The government is being warned that it will face judicial review proceedings in June unless it scraps a clause in the data protection bill that would prevent immigrants from accessing their Home Office records.

«In judicial review proceedings he is an outstanding barrister — he has good arguments which he marshals clearly, eloquently and articulately» Chambers & Partners

Robert also appears in the Ontario Superior Court on wrongful dismissal actions, injunction and judicial review proceedings.

In the latter decision, it was held that Mr. Caron was able to address the court in French during the judicial review proceedings because of section 4 (1)(b) of Alberta's Languages Act, RSA 2000, c L - 6.

John practices in all areas of housing law, including defending possession proceedings (rent arrears, succession and allegations of anti social behaviour), and homelessness including reviews, appeals and Judicial Review proceedings.

The Court did not grapple with the point that the decision in AHK had been overtaken by the enactment of section 6 of the Justice and Security Act 2013 which provides for a closed material procedure in judicial review proceedings (CMP).

Sometimes this involves issuing Judicial Review proceedings, a court process where a High Court Judge considers whether the local authority has acted rationally and reasonably.

In July 2013 the trade union Unison commenced judicial review proceedings in the High Court («Unison 1») in which it challenged the Lord Chancellor's decision to make The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893)(the «Fees Order»).

In Judicial Review proceedings -LRB-[2012] EWHC 2254), the Divisional Court determined that in March 2011 the SFO carried out unlawful entry, search and seizure at the homes and business premises of Robert Tchenguiz and Vincent Tchenguiz.

Judicial Review proceedings were commenced.

Defence counsel for Groia faced the difficulty at the tribunal level of a hearing panel ruling that reasons given in judicial review proceedings during the criminal trial could not be re-litigated.

The Court found that the decision in the Judicial Review proceedings did not determine any civil law claim for damages and consequently the SFO was not precluded from disputing liability for trespass.

Since 2017 Rachel has been acting as Special Advocate in the judicial review proceedings brought by Campaign Against Arms Trade against the Secretary of State for International Trade in relation to the continuing supply of arms to Saudi Arabia for use in the conflict in the Yemen.

As a result of concern and dissatisfaction about the whole process, appeals have been lodged and judicial review proceedings are being issued by firms whose bids were not successful.

Of general interest is that findings against Government in Judicial Review proceedings may not automatically be relied upon to found similar civil claims for compensation depending on the way the administrative court has considered the issue.

Most recently, Rachel has been appointed to act as Special Advocate for one of the Claimants in judicial review proceedings brought against the Secretary of State for Defence and the Secretary of State for the Foreign and Commonwealth Affairs by three Afghan nationals claiming that they worked for the Defendants in Afghanistan as covert human intelligence sources.

She reported that Rights of Women had issued judicial review proceedings in respect of the domestic violence criteria, arguing that they were unlawful as they effectively narrowed the (quite broad) statutory definition of domestic abuse that has been accepted by the government.

In these judicial review proceedings, ClientEarth challenged the UK's draft air quality plans for reduction of levels of the air pollutant nitrogen dioxide.

A common question from the media is what might be the implications of these two decisions for the fate of the statutory appeals and judicial review proceedings that have been launched in the TMX proceedings.

That is not to say that in principle Judicial Review proceedings could never determine a civil law claim, however in this case the Judicial Review proceedings had not in fact done so.

Her recent highlights include successfully defending South Hunsley Academy Trust in judicial review proceedings, which challenged the decision to close a swimming pool and redeploy the space for academic use; representing Asda in a dispute with a developer concerning Asda's obligations to purchase land for a supermarket development; and advising Network Rail on a redevelopment project in London.