Sentences with phrase «judicial reviews arising»

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.

(judicial review arising from failures of due process in the Bar's disciplinary arrangements discovered by a report by COIC in 2012; time expired disciplinary judges — whether a tribunal «established by law» under ECHR Art. 6 and Art. 47 of the EU Charter of Fundamental Rights; whether Art 47 now has direct effect in UK; whether laid down selection process of disciplinary judges had to be followed at all; whether prosecutor could partake in selection process of disciplinary judges; whether a disciplinary judge could properly receive an undisclosed salary from the prosecutor; whether logjam in Visitorial appeals process caused unlawful delay; whether proper Art. 6 security of tenure when BSB sits on committee (COIC) with the power to remove disciplinary judges from the «pool» at will; whether «discreditable» conduct should be defined).

Not exact matches

The second preliminary reference (Watson) arose before the Court of Appeal in the context of applications for judicial review of the UK's Data Retention and Investigatory Powers Act (DRIPA) on the grounds that this Act was incompatible with the EU Charter and the ECHR.

Acting for hydroelectric power operators and developers in judicial review proceedings against the Environment Agency arising from abstraction licensing decisions.

We regularly act in references to the Court of Justice of the European Union, as well as in the UK courts and tribunals when EU law issues arise — for instance in judicial review claims, tax and social security tribunals, employment tribunals and damages actions.

In 2013, Marc was heavily involved on behalf of 2 barristers in the judicial review litigation arising from the defective appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.

in the landmark judicial review litigation arising from the defective appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.

In cases where disputes have arisen between Canada and First Nations in these areas, the lack of a legislative framework has led some judges to question whether judicial review is even available.

(6) Acting on appeal for several of the barristers in the landmark judicial review litigation arising from the defective appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.

He has extensive experience of employment related disputes concerning health professionals, including the application of MHPS, and of judicial review challenges arising out of such cases.

This article examines key issues arising in the judicial review proceedings brought by Shoesmith.

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.

I assist clients with issues that arise during bid preparation, and I represent clients in public procurement disputes against governments at all levels (bid challenges, judicial review, civil claims for breach of «contract A / B», etc.).

Peter Skelton QC's practice encompasses public inquiries, inquests, human rights litigation, clinical negligence, judicial review, national security and personal injury litigation, with a particular emphasis on multi-party actions and claims arising in foreign jurisdictions.

In BC Civil Liberties Association v. University of Victoria, the Court of Appeal distinguished the case from Pridgen because it arose out of a disciplinary matter out of a specific statutory context which provided judicial review.

In dealing with the claimant's further request for an order that anyone who had read the privileged documents or was aware of their content should be removed from further involvement in the relevant FSA investigation, the judge held that, while the approach identified in the private law context to the question whether a lawyer in possession of privileged material should be restrained from acting is a useful guide, when the question arises in judicial review proceedings there will necessarily be a public law element in the underlying dispute.

R (Superintendents» Association) v Chief Constable of Bedfordshire Police (Admin Court, 2013)[2013] EWHC Admin 2173 (Admin) John acted for Bedfordshire Police in its successful defence of a judicial review claim arising from the decision to require police officers to retire when they qualify for a full pension.

Covers a range of environmental issues arising in farming and fisheries contexts such as the application of the precautionary principle to the ecosystem of the mid-Atlantic ridge but is also involved in judicial review of EU directives in the field of the environment.

(a) where the essential character of the dispute involves an academic matter, the superior court will demonstrate institutional deference and defer its jurisdiction to the university, except of course on an application for judicial review of the matters arising from the university's own academic appeal processes;

Advising on judicial reviews and nuisance claims arising from a variety of hydropower projects and other schemes.

Cranston J held that Al Rawi v Security Service [2011] UKSC 24, [2012] 1 AC 531 had no application to the judicial review of search warrants as the common law right to information does not arise fro consideration [39].

Represented the interested party in this judicial review alleging a failure to consult and a breach of Regulation 1370/2007 on public passenger transport by rail and road, arising from the award of a railway franchise.

First, if effective supervision by the courts is the rationale for the duty to give reasons, wouldn't a duty arise in any case where the underlying decision is subject to judicial review (which, nowadays, is more or less all decisions)?

A similar contradiction arises as a result of the requirement under the Supreme Court Act 1981, s 31 (1) that in order to bring a judicial review, a party must have «sufficient interest in the matter to which the application relates».

The Court may see more constitutional challenges such as the Article 50 case, Miller; judicial reviews of Henry VIII powers; challenges from the devolved legislatures; and issues that arise because of Brexit but have nothing to do with EU law.

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.

Indeed, I have argued that his arguments against judicial review of legislation and Justice Scalia's in favour of limiting judicial review to the enforcement of the original meaning of the constitution are very similar, and that, if anything, «Justice Scalia and his fellow originalists are guilty of failing to follow the logical implications of their own views about the nature of the questions that arise in judicial review.

Third, the brief developed practical examples of the problems that arise in prohibiting judicial review of agencies asserting jurisdiction.