Chiltern brought
proceedings for judicial review of this decision.
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.
This appeal considered whether, in
proceedings for judicial review of the legality of...
As it previously did in case No 113 of 7 April 2011, which introduced the power to reopen criminal
proceedings for judicial review of res iudicata in the light of the European Court of Human Rights judgements, such solution could have represented a sustainable balance between the duty to comply with EU law, and the right of the defendant not to be unpredictably and unfairly disadvantaged during the criminal proceeding.
Not exact matches
We also oppose provisions of the bill that expand the immigration detention system and erode the basic rights afforded to immigrants, including the provisions that allow
for the indefinite detention of individuals who can not be deported to their home countries; that expedite removal
proceedings or automatically imprison immigrants without providing them access to attorneys or judges; that increase detention capacity by an additional 20,000 beds to house immigrants awaiting their day in court; and that diminish the checks and balances of
judicial review over immigration decisions.
Last year he singled out planning
judicial review by saying cases must be brought within six weeks of any decision rather than the usual three months, knowing it is harder
for small community groups to raise money and start complex
proceedings in this short space of time.
Brian Paddick, former deputy assistant commissioner
for the Metropolitan police, has initiated
judicial review proceedings against his former force over the phone hacking row.
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 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.
Acting
for a football club, an interested party, in successfully defending
judicial review proceedings seeking to quash the planning permission
for the development of its new stadium.
Brady's application
for permission to bring
judicial review proceedings was refused by the High Court.
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.
Counsel
for a coalition of Alberta First Nations participating in the environmental assessment of a proposed hydroelectric dam on the Peace River and associated
judicial review proceedings.
Acting
for hydroelectric power operators and developers in
judicial review proceedings against the Environment Agency arising from abstraction licensing decisions.
acting
for a high profile individual in
judicial review and high court
proceedings concerning tax assessments totalling c. # 1billion, issued in breach of an earlier settlement agreement (R oao Ecclestone v HMRC and others)
Following the issue of
judicial review proceedings by the London Borough of Islington, Transport
for London has withdrawn a decision
for the temporary closure of...
Following the issue of
judicial review proceedings by the London Borough of Islington, Transport
for London has withdrawn a decision
for the temporary closure of Caledonian Road tube station.
Our members recently acted
for Association of Chartered Certified Accountants in successfully defending a
judicial review relating to its disciplinary
proceedings.
The specific relevance of the German ratification
proceedings for this aspect lies in the fact that, in Germany, it is, in principle, possible to directly subject any legislative act approving an international Agreement to
judicial review by the German Constitutional Court
for its compatibility with the German Constitution before it will be allowed to enter into effect.
Acted
for Lenzing AG in notorious
Judicial Review proceedings seeking reinstatement of Lenzing's EP (UK) following revocation of the EP by an EPO Board of Appeal.
However, if an application
for forfeiture is concluded before
judicial review proceedings, then this will provide no effective remedy.
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.
However, if the decision to dismiss is prima facie amenable to
judicial review, the conclusion of Court of Appeal that
proceedings in the ET would not be as effective
for Shoesmith may be harder to challenge.
In the Employment Appeal Tribunal, he had also prepared by himself two
judicial review claims and in the GMC
proceedings itself he had prepared by himself a detailed document in support of the application
for a stay.
CaleyWray lawyers also attend court on behalf of clients
for matters including
judicial review, injunctions and bankruptcy
proceedings.
The firm's areas of practice include: advising the multinational and multi-jurisdictional employer; Industrial Relations Board
proceedings; collective agreements and bargaining; compensation and benefits plans; construction labour relations; employee relations; executive employment agreements and compensation; grievance arbitration; human rights and accommodation; injunctive court
proceedings and
judicial review; interest arbitration; Labour Relations Board
proceedings; management training; mediation and alternative dispute resolution; occupational health and safety; outsourcing; pay equity; privacy; responding to union organizing and applications
for certification sale or closure; strike or lock - out preparation and business continuity planning; workplace investigations; workplace safety and insurance; wrongful and constructive dismissal litigation.
But they have a duty to themselves, participants in their decision - making processes, and to the public, to speak clearly through their reasons
for decision, and not in whispered affidavits or legal submissions in subsequent
judicial review proceedings.
The changes — which were originally proposed in the November 2013 consultation
Judicial review: proposals for further reform — include further cuts to legal aid and amendments to the rules on costs which will make it more difficult for charities and NGOs to intervene in judicial review proc
Judicial review: proposals
for further reform — include further cuts to legal aid and amendments to the rules on costs which will make it more difficult
for charities and NGOs to intervene in
judicial review proc
judicial review proceedings.
He has taken on major inquiries, appearing
for Ryanair's challenge to the construction of Terminal 2 at Dublin Airport, the Mahon Tribunal, the Blood Tribunal and is acting now on behalf of Ryanair in
judicial review proceedings in relation to the new Northern Runway Development.
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.
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.
Charlotte recently obtained indefinite leave to remain
for a spouse with insecure immigration status who was subject to domestic violence despite the Home Office refusing the claim and
judicial review proceedings having commenced.»
(2) It is true that the judge stayed her order to allow
for judicial review proceedings, but that amounted to an acknowledgement that the resources of the family court were exhausted, when they were not.
This was an appeal by a serving prisoner, SF, against the dismissal of his application
for anonymity and reporting restrictions in
judicial review proceedings.
In many cases of course the shoe is on the other foot and the Crown and other parties urge that these more fundamental questions are best dealt with in the ordinary courts rather than in regulatory, quasi-criminal, or
judicial review proceedings: see,
for example, R v Lefthand, 2007 ABCA 206, esp per Slatter JA).
«shall be the sole and exclusive procedure
for the
judicial review of all final orders of deportation... made against aliens within the United States pursuant to administrative
proceedings under section 242 (b) of this Act.»
An emergency order of the High Court obtained by a firm who have issued
judicial review proceedings indicated the view that a «signature «under protest» - ie without prejudice to the contention that the unified contract was unlawful would be sufficient protection
for the Claimant's position.»
In Cuozzo, Justice Breyer noted that appeals may be available when PTAB decisions fail to comport with due process, when the decision goes beyond the «statutory» limits of the AIA, such as when the
review is premised on a violation of 35 U.S.C. § 112 (which is not a ground
for invalidity available in IPR
proceedings), or other
judicial «shenanigans.»
Tamara has vast experience of all forms of Property law representing landlords and tenants as well as Lenders in
proceedings ranging from standard possession claims to more complex issues of art 8 and unreasonableness, undue influence in mortgage fraud (Ertridge),
Judicial Review and reasonableness of action on the part of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court
for orders
for sale in mortgage possession
proceedings.
Olswang partner, Dan Tench, who acted
for the newspapers, says: «The judge noted that the public interest in
judicial review proceedings was if anything greater than that in private law
proceedings and that there was no good reason to deny the same degree of public access to the key court documents.»
It acted
for 50,000 small shareholders in the Railtrack litigation and then in the Northern Rock
judicial review and has continued to act
for small shopkeepers and traders in
judicial review proceedings, most recently in relation to VAT changes and in Sunday trading hours.
The Child Poverty Action Group (CPAG) has launched
judicial review proceedings over proposals to cut housing benefit
for private sector tenants on 1 April 2011.
The claimant was representative of a group of Iraqis numbering about 100 who either have brought, or wish to bring,
judicial review proceedings against the Secretary of State
for Defence alleging that they were ill - treated in detention in Iraq at various times between 2003 and 2008 by members of the British Armed forces in breach of Article 3.
He accepted the Council's evidence, some of which — unusually
for judicial review proceedings — had been given during cross-examination, that none of its decisions had been taken
for an improper political purpose.
Justice Stratas grants Alberta's application to intervene on the presumption that the Crown represents the interest of Albertans in the
proceedings (at paras 11 - 27) and denies the application to intervene made by the Tsartlip First Nation on the basis it is really an application
for judicial review under the guise of an intervention and its submissions would be duplicative of existing parties (at paras 35 - 54).
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.
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.
In these
judicial review proceedings, ClientEarth challenged the UK's draft air quality plans
for reduction of levels of the air pollutant nitrogen dioxide.
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.
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.