Sentences with phrase «with judicial review applications»

She has a particular interest in appellate advocacy and has assisted union and institutional clients with judicial review applications and appeals.

Not exact matches

It is common, with respect to regionally significant planning applications in Northern Ireland, to have multiple legal challenges, including judicial reviews.

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

Various judicial review and appeal applications have been launched with respect to both the JRP Report and the decision of the Governor in Council.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.

In R (on the application of the Transport and General Workers Union and another) v Walsall Metropolitan Borough Council [2001] All ER (D) 85 (Jun) a council decided to press ahead with a decision to award its catering services to an outside contractor, M Ltd, instead of the authority's internal caterers despite the existence of an unresolved judicial review claim.

The second preliminary reference (Watson) arose before the Court of Appeal in the context of applications for judicial review of the UK's Data Retention and Investigatory Powers Act (DRIPA) on the grounds that this Act was incompatible with the EU Charter and the ECHR.

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.

An application for judicial review was filed Sept. 1 with the Divisional Court of the Ontario Superior Court on behalf of all members of the Anishinaabe Nation in Treaty 3 against the Ontario minister of Energy and the Ontario Power Authority.

The court should be slow to entertain an application for judicial review as an alternative to an appeal by way of case stated just because the time limit for an appeal has been missed, even if the fault lies with the claimant's solicitors rather than with the claimant personally.

Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to make a decision applying the principles that were applied by the court on an application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the application of judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.

«I am satisfied that there is a public interest in knowing how the CJC deals with complaints against judges to ensure the public has confidence in the integrity of the process and to also ensure that the application for judicial review can be conducted in a meaningful way,» Milczynski wrote.

The court ordered that the liability aspect of the claim be heard with the Society's application for judicial review.

(3) No person may bring a proceeding in any court with respect to a dispute described in subsection (1), other than an appeal from a decision of the Licence Appeal Tribunal or an application for judicial review.

Yesterday (12 October) barrister Jolyon Maugham announced that his Good Law Project was seeking donors towards a judicial review application if the government refused to publish information and reports comparing the predicted economic harm of Brexit with the predicted economic benefits of alternative free trade agreements.

For the instances when your human rights or asylum application is refused, we can provide assistance with judicial reviews and appeals and / or advise you as per which options are open to you.

In the result the application for judicial review was dismissed, with costs of $ 4,600 inclusive of disbursements and taxes awarded against Ms. Flatt.

In some cases, negotiating with the Home Office or making a fresh application is the fastest resolution while others require more extreme measures, such as challenging a Home Office decision in an appeal or by Judicial Review.

While the secretary of state accepted that this was the case, he argued that the system taken as a whole — including the ability to bring judicial review proceedings against a refusal to remove from the provisional list — meant that the system complied with Art 6 (1), as per the principle laid down by the European Court of Human Rights in Bryan v United Kingdom (Application 19178 / 91)(1995) 21 EHRR 342.

Mr. Khaper proceeded to bring an application for a judicial review of the CHRC's decision with the Federal Court.

Justice Stratas notes that 16 applications for judicial review involving 31 parties were filed with the Federal Court of Appeal challenging the legality of the NEB Report and / or the Governor in Council approval.

The European Court and Actions for Annulment: Codebook for Data Set on Actions under Article 230, 1954 - 2006 Alec Stone Sweet and Thomas L. Brunell The data set, which is made accessible here, contains the first 5,143 Art. 230 actions for annulment — applications for the judicial review of the legality of Community acts — filed with the European Court of Justice.

Chris Paliare and Andrew Lokan (together with Ecojustice) in Friends of the Earth v. Canada (Governor in Council), 2008 FC 1183 represented Friends of the Earth in a judicial review application in the Federal Court to compel the federal government to comply with the provisions of the Kyoto Protocol Implementation Act, requiring the government to develop and implement a plan to achieve compliance with Canada's obligations to reduce greenhouse gas emissions under the Kyoto Protocol.

In an application for judicial review, Mr. McIver challenged the Ethics Commissioner's decision and argued that she exceeded her jurisdiction in interfering with his free speech.

In October 2017, the Commercial Court dismissed a judicial review application which sought to quash An Bord Pleanala's decision to grant the Apple technology company planning permission for the construction of a data storage centre together with an electricity substation and associated infrastructure on a site near Athenry, County Galway.

Access to Federal Court - Bill C - 24 is replacing the automatic right to appeal to the Federal Court with an application for judicial review, with leave from the Court.

Our litigation lawyers focus on assisting with applications for judicial review of administrative decisions and actions.

Presumably judicial review would be available, but that would require an application to the Court of Queen's Bench with considerable costs and delay, making such an application unfeasible for most victims of domestic violence.

Best then filed an application with the Federal Court of Canada for a Judicial Review of Sabourin's decision.

The tribunal dismissed Faskens» application and on judicial review, the B.C. Supreme Court sided with the tribunal.

The company has filed an application for judicial review with Quebec Superior Court, saying various elements of the legislation are punitive.

R (on the application of London Borough of Ealing) v Joint Committee of Primary Care Trusts [2013] EWHC 3255 (Admin)(2014) 135 BMLR 128 Judicial review challenge to the reconfiguration of North West London hospitals, with Clive Sheldon QC

R (on the application of Cheshire East Borough Councils and one other) v Secretary of State for the Environment [2011] EWHC 1975 (Admin)[2011] NPC 92 Judicial review challenge to decision of DEFRA to withdraw funding from a part - procured major waste infrastructure project, with Nigel Giffin QC

R (on the application of Luton Borough Council & Others) v Secretary of State for Education [2011] EWHC 217 (Admin) Judicial review of the Secretary of State's decision to withdraw funding for the «Building Schools for the Future» programme, with Peter Oldham QC

She has also successfully acted in connection with planning judicial reviews and has defended clients from applications to register development land as town and village greens.

On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.

Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications in the Divisional Court Parties are required to file electronic versions of their factums and transcripts in appeals to the Divisional Court, in accordance with Rule 61 of the Rules of Civil Procedure.

Since the Canadian government chose not to comply with any of these requirements, Friends of the Earth (FOE) filed three applications for judicial review by the Federal Court.

The electronic version of factums or any other material filed in a Divisional Court appeal or judicial review application must be formatted and contained in one file and be virtually identical to the official printed version that is also filed with the Court.

In late May, the court heard an application for judicial review in BMO v. Sasso seeking to set aside the order of an adjudicator made during a hearing under the provisions of the Canada Labour Code that dealt with documents the Bank of Montreal claimed were privileged.

Despite Mr. Schrenk being a victim himself with a significant disability, and despite his own employer firing him for his outbursts against an inspector at his construction site, it was the Human Rights Tribunal itself that opposed our application for judicial review and which opposed our recent appeal to the BCCA.

One particularly notable, if complex, decision last year was that of Mr Justice Burton in judicial review proceedings in R (on the application of the Equal Opportunities Commission) v Secretary of State for Trade and Industry [2007] IRLR 327, [2007] All ER (D) 183 (Mar) that amendments to the Sex Discrimination Act 1975 in 2005 to comply with the amended Equal Treatment Directive 76 / 207 / EC did not transpose those changes properly in certain detailed ways.

The ECJ decided that because arbitration tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the awards of the tribunal are not subject to review by member state courts, the decisions of these tribunals are not compatible with EU law.