Sentences with phrase «on judicial review»

Working with specialist lawyers across our firm in sectors such as energy and environment, we provide high quality, pragmatic advice on the judicial review of planning decisions.
To the extent that a student wishes to seek a remedy, that remedy would lie in the university's internal appeal mechanism and / or with the court on judicial review.
However, in the appropriate circumstances, an effective cross examination can be the decisive factor in succeeding on a judicial review application.
That is an interesting choice of example given the current government's strong attack on judicial review proceedings, albeit stopping short of banning them altogether.
I have considerable experience of litigation involving public bodies and regularly provide advice on judicial review challenges.
As a litigator, he has focused on judicial review work since 1993, challenging the unfair exercise and abuse of power by public authorities, human rights breaches and discrimination.
For the most part, the role of a tribunal on judicial review is well understood by the courts, the parties and the tribunal.
She is regularly instructed on judicial review matters, both on her own and as junior counsel.
This decision was upheld on judicial review, although the chambers judge did conclude that leaving the restrictions in place indefinitely was not reasonable.
Low income legal service providers are not, as a matter of course, taking on judicial review applications from human rights complaints.
Such a restriction on raising matters for the first time on judicial review is, of course, familiar.
For those users, it is an indispensable gateway to the answer to almost any question on judicial review.
While there is fun to be had in figuring out what other branches of s. 96 will be recognized in future cases — time limits on judicial review, anyone?
This case raises challenging questions about the proper constitutional role of courts, their appropriate function on judicial review, and the relationship between administrative tribunals and the judiciary.
And how should a court judge the choice of standard on judicial review?
Any exercise of powers outside of this jurisdiction may be set aside on judicial review.
As a result, such a position expressed by a tribunal might justify a court in exercising its discretion to limit the tribunal's standing on judicial review.
He regularly speaks on judicial review, competition law and human rights to various legal audiences.
The results of the staffing and any assessments must be included at the next disposition hearing on judicial review.
This high standard of review — higher than reasonableness — was recently confirmed by the B.C. Supreme Court in RM v. the College of Physicians and Surgeons of British Columbia, 2011 BCSC 832, the first decision on a judicial review of an HPRB decision.
Our specialist team of lawyers advises on judicial review of planning decisions, as well as statutory challenges for claimants and defendants in the High Court, Court of Appeal and Supreme Court.
Justice Rothstein, writing for the majority, described the limits on the content of a tribunal's arguments on judicial review as the rule against «bootstrapping».
The Canadian Judicial Council has not responded to a request for comment on the judicial review application.
The legal aid regulations relating to the payment for work done on judicial review claims pre-permission should be withdrawn and legal aid should be reinstated for judicial review subject to the usual merits criteria and eligibility provisions;
We have identified a number of older IRP decisions that would be overturned on judicial review because the law has changed.
Professor Daly, in a 2014 paper, has neatly summarized the possible view of a party faced with the tribunal expanding its reasons on judicial review by making explicit what was previously implicit:
Gideon is building on the public law experience he gained during pupillage, in which he worked on judicial review claims in respect of deaths in custody, immigration and article 8 challenges.
Justice Rothstein does recognize the challenges of allowing a tribunal to raise fresh arguments on judicial review.
In this role, Kathy advised on judicial review proceedings and public law decision - making.
Bindmans scooped two awards — Charlotte Haworth Hird won the Inquests / Actions Against State award for her work on a judicial review which led to an inquiry into deaths of 18 - 24 year olds in custody; Mike Schwarz won Criminal Defence Lawyer for his work exposing misconduct by undercover police officers.
Commenting on the judicial review on the indexation of public sector pensions, Christine Blower, General Secretary of the National Union of Teachers, the largest teachers» union, said: «The NUT, along with other unions, is challenging the Government in a judicial review at the High Court.
Lord chancellor's own arguments will be used to limit the damage of his reforms, after final Lords debate on judicial review
The Tory plans to repeal the HRA, together with the restricted access to our courts already brought about by the restriction on judicial review introduced by Gove's predecessor, Chris Grayling, will silence the vulnerable and leave great swaths of executive action unchecked and unaccountable.
Following the introductory section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion by law.
I ended up writing a number of articles on judicial review of the IPC and why I thought it had become a problem.
Allied to the reasoning that Strasbourg jurisprudence on the scope of state responsibility will be relevant to determining the scope of s 6, was their lordships» reluctance to rely on judicial review case law.
[2] The British Columbia Human Rights Tribunal and a Supreme Court chambers judge on judicial review decided that for the purposes of human rights legislation, a partnership may be treated as a separate legal entity from its partners and as the employer of a partner, with the result that the Tribunal has jurisdiction to hear a complaint by a partner of discrimination in his employment.
The Supreme Court considered that the Crown Court can in the same way operate a closed material procedure on PII grounds on an inter partes application under the CJPA, s 59 (7) and that the High Court can conduct a closed material procedure on judicial review of a magistrate's order for a warrant under PACE, s 8 or a magistrate's order for disclosure or a Crown Court's order under s 59 (7) of the 2001 Act.
This position is untenable, as Chief Justice McLachlin explained, because «[t] he rule of law insists on judicial review to ensure that delegated legislation complies with the rationale and purview of the statutory scheme under which it is adopted.»
Implied reasons are no longer implied, if the tribunal sets out the (implied) reasons on judicial review.
Handing down a judgment on a judicial review brought against education secretary Nicky Morgan by six parents, Mr Justice Warby has ruled that an assertion made when the new GCSE was released in February was likely to lead schools to rely exclusively on the qualification to meet their legal obligations.
An update at the end of this article says that the House of Lords defeated the proposed amendments on judicial review in three separate votes.
It can not be disturbed on judicial review unless the determination is patently unreasonable.»
Indirect operational costs consist of the resources that are expended due to the existence of judicial review, but not on judicial review as such — for example, the time that I spend on writing this post, and the time you expend on reading it, which might have been spent on more socially productive (if not more enjoyable!)
Advising the England and Wales Cricket Board on the UK government's review of the Listed Events legislation affecting the broadcast of sports events, including on judicial review proceedings.
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