Sentences with phrase «only for his judicial review»

Not exact matches

An appeal on the merits is not available for Tribunal merger authorisation decisions, but the ACCC is seeking judicial review, alleging three reviewable errors, including that the Tribunal erred in its reasoning that «it could only conclude that the proposed acquisition was likely to result in a detriment if the Tribunal concluded that there would be a substantial lessening of competition».

But Ms. Agarwal emphasized those records could only be accessed with judicial authority, and noted that the law outlining the program calls for a review in of those records in two years.

It's wonderful that the production team has revived a judicial action that is ultimately heroic, ground - shaking, celebrating the good work of the American Civil Liberties Union (ACLU), its representative lawyers noting that only one out of four hundred cases is even accepted for review, i.e. certiorari.

We are now one of a group of test cases linked for judicial review proceedings — challenging not only particular decisions on ECF but the operation of the scheme as a whole.

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

And so the Court affirmed its jurisdiction to subject Treaty amendments to judicial review, including an assessment of their content or substance (albeit only to the extent provided for in Article 48 (6) TEU).

[5] There is nothing wrong with requiring administrative decision - makers to take values into account, but conducting judicial review only for compliance with values carries significant risks.

- In judicial review cases, legal aid will only be paid for the work carried out if the High Court grants permission for the case to proceed.

They include: considering where children and other vulnerable groups are disadvantaged by Laspo, and amending appropriately; reversing changes to judicial review; developing a new process for exceptional funding; and abolishing the mandatory telephone gateway as the only route to accessing certain civil legal aid services.

Secondly, the existence of a statutory process for challenging the correctness of tax assessments should never be a reason for excluding judicial review on process grounds, including not only allegations of breach of natural justice but also cases where a taxpayer alleges that its legitimate expectations based on dealings with the Department have been frustrated.

The judicial review proceedings were concluded by consent in June 2016 leaving the only issue for determination by the court of whether costs should be paid by the Scottish authorities on the «standard» or «indemnity» basis.

Virginia Legislative Year in Review: increase to mandatory judicial retirement age, but only for some judges

The Santos claim is the only issued application for judicial review on the issue of whether the Prime Minister has the power to serve notice of withdrawal from the EU under Article 50 based on Royal Prerogative or will need a vote in Parliament approving withdrawal.

Congress conferred on the courts no power to review their determinations save only as it has granted judicial power «to grant writs of habeas corpus for the purpose of an inquiry into the cause of the restraint of liberty.»

If an application for an extension is denied, the only recourse for an applicant is through an application at the Federal Court of Canada for judicial review.

As for the judicial review, the court did not suggest that the interpretation adopted by the arbitrator in Kingston General Hospital was correct, or that it was the only or most reasonable of the alternative interpretations.

In dismissing the application for judicial review of these decisions and the decision of the Chief Commissioner to order a Tribunal hearing, Justice Greckol noted that the School Division's activities had served only to delay a hearing on the merits (at para 183).

Other judges might not allow hearings on Petitions for Judicial Review and will make a decision based only on the briefs submitted.

You can apply for judicial review only if you have been through the public body's own complaints and appeal procedures and are still unhappy with the decision made.

Consistent with these earlier reports, the Commission strongly favoured statutory appeals over judicial review as a simpler mechanism for legal oversight that can be calibrated to address the particularities of statutory tribunal decisions, and recommended that legislation contain a right of appeal on questions of law (and in certain instances on questions of fact) to the courts from the exercise of statutory power with only a few exceptions.

This means that legal questions might be settled beyond the reach of judicial review by tribunals not only lacking all the (admittedly generous) trappings of judicial independence granted to courts, but indeed existing for the purpose of implementing government policy.

The court expressed its concerns that allowing such a collateral attack would allow for certain mischief, including allowing a Nation to ignore the judicial review process by stating no concern at the consultation stage, only to later invalidate the approval by claiming Aboriginal title.

There is substantial legal authority for the conclusion that Judges ethics regarding official judicial duties can only be reviewed by the Judicial Conduct Comjudicial duties can only be reviewed by the Judicial Conduct ComJudicial Conduct Commission.

Administrative agencies can avoid the need for judicial review under this regulation by issuing subpoenas for protected health information only where the three - part test has been met.

In January of this year, the Court of Appeal upheld the Federal Court's decision to allow an application for judicial review concluding that the adjudicator unreasonably found that the law permits only dismissals for cause.

The only option for redress currently is to seek a judicial review which can be long and costly.

Therefore, the only remedy to overturn the decision of an arbitral tribunal in Newfoundland and Labrador is an application for judicial review.

In other words, if you receive a 24 - hour driving prohibition for drugs your only recourse is a full - on judicial review in BC Supreme Court.

Assisting senior counsel in consistently receiving leave for judicial review (currently granted in only 30 % -38 % of cases nationally);