Sentences with phrase «substantive application»

Counsel for Oba Akanbi had told the court that his client had several applications before the court and he told the court that the notice of preliminary objection which bordered on competence and jurisdiction of the court should be heard first before the substantive application.

The two were quite distinct, and Parliament clearly intended that s 24 (5) should only apply where a substantive application for the revocation of a placement order had been made — in other words, the applicant had got over the leave hurdle, and was making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

Once it was accepted that s 24 (2) was HRA 1998 compliant, it was evident that Parliament had drawn a very clear line between an application for leave to apply for the revocation of a placement order, and the substantive application to revoke.

Permission to apply for judicial review was refused by the High Court, but granted by the Court of Appeal, which went on to hear and dismiss the substantive application for judicial review.

The case was reported on 2 points of practice (relating to security for costs of arbitration applications and the nature of appeals against arbitrators» decisions on jurisdiction) before the substantive application was decided by Colman J.

This had resulted in «expensive satellite litigation»; the issue of the PCO should have been dealt with long before the substantive application for judicial review.

Its application for permission to apply for judicial review in relation to that decision was considered on the papers on 7 November 2007 by Lord Justice Sullivan, who directed that there should be a «rolled up» hearing at which the application for permission and, if permission should be granted, the substantive application for judicial review should be heard.

The issue of PCOs arose because Mr Justice Sullivan, when considering the substantive application on the papers, also considered an application by Buglife that it should be protected by a PCO against liability for the defendant's costs if it lost.