Sentences with phrase «substantive appeals in»

On the other hand, in 2012, 11 substantive appeals in which leave to appeal had been given were allowed and 13 dismissed.

Not exact matches

The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).

THE battle to determine the standard - bearer of the Peoples Democratic Party (PDP) in Bayelsa State, on Thursday, shifted to the Court of Appeal, Abuja Division, as Governor Timipre Sylva told the five - man panel, headed by Justice Zainab Bulkachuwa, that the PDP had invoked its jurisdiction in order to stall hearing of the substantive matter at the Federal High Court sitting in Abuja.

In his substantive appeal to the Supreme Court against the appeal court judgment, Saraki maintained that the panel of the CCT was not well constituted because it comprised two members instead of three provided for by law.

He directed that the appellants should raise the issues in their interlocutory appea ls in when they file substantive appeals which they wish to file against the Court of Appeal's judgment delivered on Thursday.

«We therefore humbly and passionately appeal that the President and Acting President, as a matter of urgent national importance, should do the needful and forward Justice Onnoghen's name to the Senate for confirmation as the substantive CJN, in compliance with section 231 (1) of 1999 Constitution (as amended).»

The School challenged OFSTED's Complaints Procedure on the basis that if an organisation, such as OFSTED, has an internal Complaints Procedure it ought to be «a fair and robust process that permits a substantive challenge and which gives the complaining party the possibility, in appropriate cases, of having the decision changed» (although it was accepted that «fairness» does not necessarily require an external appeals process).

Failing that, Cuccinelli has succeeded only in 1) making Virginia and America less appealing places for scientists to make their careers, and 2) making science relevant to substantive issues less attractive topics for young scientists to build a career upon.

Given the antecedents of s 222 mentioned above, the Court of Appeal noted that that provision does not confer substantive powers but is simply a procedural measure which gives powers to local authorities, previously vested only in the attorney general.

Hearing around 20 substantive appeals a year the Court's work can be compared with the corresponding number of 60 in both the House of Lords (now Supreme Court) and the High Court of Australia.

Leaving aside leave applications, the actual number of substantive appeals heard and disposed of currently is much smaller than that: 22 in 2012 and 16 in 2013.

Any substantive need for RBS to appeal on the waiver aspect of the first decision of Birss J therefore fell away (and RBS's appeal in relation to other aspects of the decision was in any event settled).

Critical to the decision of the Court of Appeal was the wording of cl 1 of the lease which set out the term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which expression shall include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the case, referred to the words in brackets in this clause as «the words of extension».

Mr. Burt represents banks, insurance companies, other financial institutions and major building materials manufacturers in a range of substantive areas including major litigation and appeals, regulatory investigations and resolutions, mergers and acquisitions, trademark and intellectual property.

She has successfully handled appeals in a wide variety of substantive areas, including employment, banking, class action, product liability, breach of contract, tort and insurance matters.

Frank Burt has broad experience in several substantive areas including major market conduct and financial services litigation and appeals, First Amendment, intellectual property and employment law.

At the Court of Appeal, UBC alleged that the Tribunal had made several errors of fact and law, including in refusing to consider modifications of the residency program as relevant to finding that disability was a factor in Dr. Kelly's adverse treatment and in considering both the procedural and substantive elements of the duty to accommodate.

127 The comments made by the Manitoba Court of Appeal in R. v. Drury87 are apt even though they concern the sufficiency of evidence on the substantive offence rather than the sufficiency of circumstantial evidence in providing reasonable grounds for arrest.

The last six months have seen some interesting substantive law developments in the disputed wills field, most notably the clarification of the appropriate test for testamentary capacity in Re Walker (Deceased)[2015] WTLR 493, and more recently, the reining in of the expanded doctrine of Donatio Mortis Causa by the Court of Appeal in King v Chiltern Dog Rescue [2015] EWCA Civ 581, [2015] All ER (D) 105 (Jun).

After law school, she clerked at the US Court of Appeal and she offers deep understanding and insight on both procedural questions of how the court operates and on the substantive issues in question.

Also defends against confiscation orders both in substantive proceedings and on appeal.

She has handled appeals in a number of substantive areas, including bankruptcy, environmental, insurance, reinsurance, regulatory, land use, tax, and probate.

I am going to leave the substantive discrimination aspects of this decision to others (my colleague Jennifer Koshan posted on Justice Peter Michalyshyn's earlier decision at the Court of Queen's Bench ruling in this matter — Bish v Elk Valley Coal Corporation, 2013 ABQB 756), and instead focus only on what the Court of Appeal has to say about standard of review in administrative law.

This approach will not lend itself to the reform of every single of the many contentious issues, in particular not to the isolated reform of specific substantive investment protection standards; but it may work for taking care of other systemic matters that can be dealt with independently of substantive protection standards, such as introducing corporate social responsibility or creating an appeals facility for investment treaty awards.

Nevertheless, our extensive experience in civil appeals has given us a deep understanding of substantive law in a number of areas.

Even the majority who ordered it thought that there had been no point in the Supreme Court seeing the closed judgment, because there was nothing in it which could have affected its reasoning on the substantive appeal.

Similarly, in the subject decision, the Court of Appeal set out that when reviewing a decision for reasonableness, a court must consider «the reasons proffered and the substantive outcome in light of the legal and factual context in which the decision was rendered».

Given the substantive issues in this case, however, it declined to decide the appeal on this procedural ground.

Advising on and representing in respect of applications under s. 9 (stay of legal proceedings), s. 67 (substantive jurisdiction challenge to award) and s. 68 (serious irregularity challenge to award) and appeals on point of law under s. 69 Arbitration Act 1996.

Most recently, in R v Oakes, 2016 ABCA 90, the case that is my topic here, the majority ruling of Justices Myra Bielby and Frederica Schutz, at para. 11, adopted the opinion in R v Truscott (2007), 225 CCC (3d) 321 (Ont CA) where a unanimous five member panel of the Ontario Court of Appeal stated, at para. 110, that the power to overturn a conviction founded in a miscarriage of justice, ``... can reach virtually any kind of error that renders the trial unfair in a procedural or substantive way.»

The result for standard of review analysis is that the presumption of deference to substantive decisions made by statutory tribunals should be alive and well in Alberta, but it should be noted there is a growing resistance to the presumption not only at the Alberta Court of Appeal but also within the Supreme Court of Canada.

The Court of Appeal determined it was «significant» the substantive proceedings in California were between Monster and Mr. Schechter and his firm.

Lord Neuberger, said, that in his judgment: «Having held a closed hearing, it turned out that there had been no point in the supreme court seeing the closed judgment [which related to the secret intelligence], because there was nothing in it which could have affected [our] reasoning in relation to the substantive appeal.

These decisions result from an application before a justice in chambers from a person who seeks permission to proceed with a substantive appeal of an administrative decision.

During oral argument, the Court clearly was concerned about the lack of a clear substantive definition on appeal for «reasonableness» in this context.

(3) in light of the prevalence of consent orders in family proceedings, allowing consent orders to be more easily appealed if children are the subject matter of the order may open the floodgates to appeals on other substantive issues.

It does seem like Justice Veldhuis is reluctant to grant leave to appeal on substantive issues emanating from a development appeal — her comment in the Nash decision certainly supports this observation.

On substantive legitimate expectations, I take the side of the Court of Appeal in Coughlan, arguing in the teeth of strong criticism of that decision that there are indeed good reasons for courts to enforce substantive legitimate expectations, though I also observe that the Court of Appeal probably went too far in one important respect.

In 2003 arrangements were made for all the substantive judgments of the Civil Division of the Court of Appeal and the Administrative Court to be posted on BAILII.

First, the appellants» tardiness in raising this defence and waiting until the appeal to raise it in any substantive way worked an unfairness on the respondents.

But what it means in practice is that the only reason today that Article III judges must defer to the D.C. Court of Appeals on questions of D.C. law is because the D.C. Circuit itself has said so — and so stare decisis, and not the Rules of Decision Act or principles of federalism — carries all the weight (and would not bind federal courts outside of the D.C. Circuit in diversity cases in which choice - of - law rules compel application of D.C. substantive law).

We see no merit in the appellant's argument that the reference to the 1970 Act addressed substantive rights to appeal an arbitrator's award, while «any successor Act» would only apply to the arbitration procedure.

The Court of Appeal was careful not to conclusively weigh in on any substantive outcome — «A proper understanding of Precision's conduct is not possible until the trier of fact has made findings of fact on the relevant issues» (see para. 46) and that, with respect to the effect of the exclusion clause, a «trial judge would be in the best position to assess whether the evidence with respect to the allegations of fraud would warrant the intervention of public policy in this matter».

Lady Hale's presidential judgment first addressed the substantive issues in Susana's appeal and then disposed of the jurisdictional issue.

Yesterday the STL Appeals Chamber issued its first substantive decision (h / t Bill Schabas» blog), penned by Professor Antonio Cassese, who was not only the presiding judge but also the judge rapporteur in the Chamber.

In Zibrowski v. Nicolis, [7] Mr. Justice Lee found that the appeal failed for procedural deficiencies (no notice of appeal, no transcript), but also carried out a substantive analysis under the tripartite test for a stay.

In the High Court, Justice Mitting dismissed both the procedural and substantive challenges to the order, and Bank Mellat lost its subsequent appeal before the Court of Appeal before the case was taken finally to the Supreme appeal before the Court of Appeal before the case was taken finally to the Supreme Appeal before the case was taken finally to the Supreme Court.

In VTB Capital PLC v. Universal Telecom Management, the Cayman Islands Court of Appeal considered whether it had the power to grant a Mareva injunction over defendants against whom no substantive cause of action is asserted («non-cause-of-action-defendants» or «NCADs») when the cause of action defendant is beyond the jurisdiction of the court.

While the main judgment in the Court of Appeal was delivered by Pill LJ, all three judges (Pill LJ, Rix LJ and Longmore LJ) delivered substantive concurring judgments.

R (OAO Southern Drinks) v HM Revenue and Custom Acted for an alcoholic drinks wholesaler in a judicial review challenge to a decision by HMRC refusing to grant interim reinstatement of a WOWGR approval pending the substantive determination by the FTT of an appeal against the revocation.