Sentences with phrase «of judicial review applications»

It remains to be seen if there will be a similar impact on the hearing of judicial review applications.

The court relied on the leading statement about the availability of Rule 39.03 examinations in the context of judicial review applications in the Ontario Court of Appeal's decision in Payne v. Ontario (Human Rights Commission), 2000 CanLII 5731:

Part IV of the Criminal Justice and Courts Bill is intended to reduce the number of judicial review applications, while the Civil Legal Aid (Remuneration)(Amendment)(No 3) Regulations 2014 (SI 2014/607) would remove legal aid from, according to the government's figures, up to 69 % of cases.

Judge De Palma presented a motion to retract the Superior Court decision based on several grounds, claiming that she was not notified of the judicial review application.

The Secretary of State gave notice that she intended to remove A from the UK before the date fixed for the hearing of the judicial review application.

It had tried to resume hearings but Douglas was granted a stay until the final determination of her judicial review application.

In the event of a decision which does not attract a right of appeal, the only choice is to seek redress to the Administrative Court (High Court) or Upper Tribunal by way of Judicial Review application.

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.

Various judicial review and appeal applications have been launched with respect to both the JRP Report and the decision of the Governor in Council.

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.

The NASUWT has today received formal notification from the High Court of the hearing date for its application for judicial review of the Coalition Government's decision to change the index - linking of public service workers» pensions, including teachers» pensions, from the Retail Price Index (RPI) to Consumer Price Index (CPI).

The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application for a judicial review of the underlying legislation was dismissed in the high court.

Instead of having a purely political process, the Manhattan Democratic Party uses a unique Independent Judicial Screening Panel that reviews candidates based on application.

In its judicial review application to the high court, Unison argued that the failure to properly consult breaches the partnership agreement between the Department of Health (DoH), the NHS constitution and section 242 of the NHS Act.

But when his appeal was unsuccessful, he did what none of his colleagues had ever done before: he filed an application for judicial review before the Federal Court of Canada.

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.

The judge said the decision about whether to hold a judicial review should be heard in open court, after privately considering the merits of the application.

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.

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.

Having at this point struck out at the Ontario Court of Appeal three times, he launched another judicial review application in Federal Court.

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.»

The Santos claim is the only issued application for judicial review on the issue of whether the...

The existence of unresolved judicial review proceedings can cause significant problems for a public body even where a party does not make an application for interim relief.

In R (on the application of the Transport and General Workers Union and another) v Walsall Metropolitan Borough Council [2001] All ER (D) 85 (Jun) a council decided to press ahead with a decision to award its catering services to an outside contractor, M Ltd, instead of the authority's internal caterers despite the existence of an unresolved judicial review claim.

The Federal Court of Appeal set aside the tribunal's decision and allowed the artists» application for judicial review.

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.

No application for judicial review can proceed without the grant of permission.

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.

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 Federal Court yesterday upheld the ACCC's application for Judicial Review, setting aside the decision of the Australian Competition Tribunal on 22 June 2017 to authorise the proposed merger between Tabcorp at Tatts.

The Chamber indicated that it would approach the High Court for an urgent interdict to suspend its implementation, pending the launch of judicial review proceedings, and that it intended reviving its previous application for a declaratory order, which had been temporarily suspended pending discussions with the DMR.

The Attorney General sought judicial review, which application was dismissed (2013 FC 113), and subsequently appealed to the Federal Court of Appeal.

Ms. Raczynska filed an application for judicial review of this decision.

(39) On an application for judicial review of the arbitrator's decision, no determination or selection that the arbitrator was required to make under subsection (29) shall be overturned unless the determination or selection was patently unreasonable.

However, Rule 3.15 is actually broader and stricter than the Limitations Act — it places an absolute time restriction on filing and service of an application for judicial review.

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.

She has litigated judicial review applications and appeared before various levels of courts on motions, trials and appeals.

The Divisional Court is a branch of the Ontario Superior Court of Justice that hears applications for judicial review and certain appeals.

Rule 3.15 explicitly removes this discretion in the case of applications for judicial review.

The claimants brought an application for judicial review, contending that that basis of valuation was unfair.

Rule 3.15 of the Rules of Court provides that the Court lacks jurisdiction to extend the time for adding and serving a party on an application for judicial review:

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.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

In the latest instalment of the Baby P cases, the secretary of state and Haringey have filed applications for permission to appeal the Court of Appeal's decision in R (on the application of Sharon Shoesmith) v Ofsted & Ors [2011] EWCA Civ 642, [2011] All ER (D) 293 (May) allowing Ms Shoesmith's claims for judicial review of decisions relating to her summary dismissal.

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.

In a judicial review application filed to the Federal Court of Canada in March but that has just come to light, Girouard, who denies drug the allegations, argues, «Only a provincial authority has the ability to investigate and make a finding on the conduct of a lawyer.»