Sentences with phrase «review by a judicial authority»

Deprivation of liberty must be based upon grounds and procedures established by law, be formally recorded, and be open to review by a judicial authority.

Not exact matches

According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.

Judicial review is used by individuals, businesses and organisations to test the lawfulness of government decisions and actions, from those of ministers to local authorities.

The Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

The decisions of public bodies, such as the Secretary of State (and therefore of RSCs where they assume the powers of the Secretary of State), local authorities and schools can be challenged by way of judicial review and other appropriate proceedings in the High Court.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

He is regularly instructed by housing associations, local authorities, banks and private landlords, as well as by defenders in eviction or mortgage repossession proceedings, or by homeless persons in judicial review cases.

How the implied term would apply on the facts is another matter, but rationale behind the ban on using the implied term in the course of judicial review proceedings to determine the fairness of the decision to dismiss is not obvious or supported by any authority.

Subsequent judicial review proceedings by the husband against the authority were unsuccessful.

Coincidently, I just read a free movement of goods case again (Dynamic Media Vertrieb 244/06) and it although the case is quite different, the Court also highlights the importance of judicial review by national courts of decisions by authorities that affect EU rights (in this case the right to market products in another MS).

Between CA 1989 receiving Royal Assent and its coming into operation in October 1991 in R v B County Council exp P [1991] 1 FLR 470 the Court of Appeal was confronted by a judicial review application, the only way a local authority's failure to call live evidence (as opposed to rely hearsay) could be done then.

Our lawyers have acted for architects, engineers, lawyers, dentists, and accountants in professional errors and omissions claims, advised clients before professional regulatory bodies, acted for professional administrative bodies, provided advice regarding investigations conducted by administrative authorities, and have acted in judicial reviews of decisions made by professional regulatory bodies.

The Court of Appeal held — on a more or less technical judicial review basis — that the decision not to call J was within the local authority's discretion and could not be set aside by judicial review.

It occurs to me, reading what is googleable about Eloise's work for a few minutes that she (i) assisted with the investigation into a death in police custody while seconded to the IPCC (ii) was seconded to a solicitors» firm to assist with the phone hacking disclosure (iii) did pro bono work (iv) was involved with a judicial review of a costs order that was requested by a Local Authority in a Non Payment Council Tax case at the local magistrates, which got into the law reports.

In his dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas expressed doubt that «Congress intended administrative preclusion to apply to TTAB findings of fact in a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisions.

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.

Zac has also advised a local authority on various issues related to the amendment of its constitution (led by Anya Proops) and has advised on the merits of a claim for judicial review by a business alleging breach of its rights under A1P1 (led by Amy Rogers).

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

Perhaps it is folly to expect substantive judicial review to be a simple exercise, since at its core the review must both acknowledge and respect the exercise of legal authority by statutory officials while at the same time ensure such authority is legitimate under the rule of law.

Judicial review of unlawful decisions made by the Mental Health Second Tier Tribunal, NHS Trusts, Social Services and Local Authorities.

The case, a judicial review of a decision by Deputy District Judge Stott at Warley Magistrate's Court, looked at the scope of legal professional privilege and litigation privilege, the nature of the legal authority required if these privileges are to be lawfully overridden, and the proper construction of provisions contained in the CrimPR.

Is the review really the same: (a) when exercised by an administrative authority, in the framework of EIA, and (b) when exercised by a judicial authority in the assessment of «causal link»?

It was open in principle to the claimant to bring a challenge by way of judicial review, on the ground of breach of legitimate expectation, to the defendant's decision to terminate her tenancy, just as it was open to her in principle to bring a challenge on Convention grounds against the defendant as a public authority.

The management and allocation of housing stock by a housing trust which is a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, is a function of a public nature, with the effect that the registered social landlord is to regarded as a public authority for the purposes of s 6 (3)(b) of the Human Rights Act 1998 and so is amenable to judicial review on conventional public law grounds in respect of its performance of that function.

The purpose of judicial review is to ensure that public authorities don't go beyond the powers given to them by parliament and that they don't abuse those powers.

A master's interim order is subject to review by a higher judicial authority, like a Supreme Court judge.

65 ILCS 5 / 11-13-25 Any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the corporate authorities of any municipality, home rule or non-home rule, shall be subject to de novo judicial review as a legislative decision, regardless of whether the process of its adoption is considered administrative for other purposes.

Public law challenges in Judicial Review through the Administrative Court often involve the application by the NHS or Local authorities over public law principles such as willingness, unwillingness, reasonableness and the rationality of services and what at the end of the day they are willing and able to provide.

Key chapters and sections cover: • Decision - making, including personal interests, bias and determination, equality and discrimination and elections • The process for making and handling complaints on conduct issues • The challenging of authorities on conduct issues including through judicial review, the Ombudsman and by using Freedom of Information • Offences • The law in Wales

Advising Aer Lingus on the judicial review of a decision by the Civil Aviation Authority concerning discriminatory pricing by Heathrow Airport in respect of passenger charges (the decision was withdrawn shortly prior to proceedings being heard).

Described by Chambers & Partners as «A high - profile team deserving of all its praise», our Actions Against the Police, Civil Liberties and Human Rights team specialises in claims for false imprisonment, assault, malicious prosecution, discrimination, deaths in custody, and the judicial review of decisions taken by public authorities.

Podcast by Jonathan Moffett QC entitled «Local Government judicial review update» delivered at the 11KBW Local Authority Conference 2017.

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.

Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, cauthority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, cAuthority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.

Alternatively, we consider that an individual may be able to challenge a local authority's decision to use a PSPO to evict rough sleepers or the occupants of an unauthorised encampments by way of judicial review on much the same grounds with the benefit of legal aid and legal representation.

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.

Judicial review, obviously, provides a means by which people can hold public authorities to account with regard to unlawful actions and decisions.

CPLR 7501 et seq. similarly sets forth the standards for judicial review of arbitration awards for arbitrations governed by New York State procedures, and similarly limits the court's authority to vacatur of the Award — not a sanction against the attorney, much less an award of treble damages.

[28]-LSB-...] Judicial review is the means by which the courts supervise those who exercise statutory powers, to ensure that they do not overstep their legal authority.

In their brief, the amici assert that the availability of judicial review of agency decisions serves important purposes, by «providing assurance that agencies do not exceed the limits of their statutory authority and treat parties fairly, consistently, and rationally,» particularly in the arena of CAMELS ratings, which «are a cornerstone to bank regulation» and have the potential to have «significant impact» on banks» businesses and activities.

The High Court granted a possession order; in doing so the judge indicated that the appropriate way to challenge the authority would have been by judicial review.

Following the decision in Lambeth LBC v Kay; Price v Leeds CC [2006] UKHL 10; [2006] AC 465; [2006] HLR 22, it was held that the authority's decision would be open to challenge by way of judicial review but that there was no purpose in remitting the case for this purpose.

Whilst the review is carried out by the authority's officer, judicial review was a sufficient safeguard of the tenant's rights.