Sentences with phrase «with judicial review of a decision»

Not exact matches

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

Section 54 of NEBA provides that the cabinet decision is amenable to judicial review (not the appeal with leave mechanism):

Read the OSA's decision: https://humanism.org.uk/wp-content/uploads/AD2410The-London-Oratory-Hammersmith-Fulham-28August13.docx Read the BHA's previous press release on the OSA decision: https://humanism.org.uk/2013/08/29/schools-adjudicator-london-oratory-school-must-overhaul-admissions-criteria-after-bha-complaint/ Read the BHA's press release on the threat of judicial review: https://humanism.org.uk/2013/11/05/london-oratory-school-challenges-schools-adjudicators-decision-must-rewrite-admissions-policy/ Read more about the BHA's campaigns work on «faith» schools: http://www.humanism.org.uk/campaigns/religion-and-schools/faith-schools View the BHA's table of types of school with a religious character: http://www.humanism.org.uk/wp-content/uploads/schools-with-a-religious-character.pdf The British Humanist Association is the national charity working on behalf of non-religious people who seek to live ethical and fulfilling lives on the basis of reason and humanity.

Plans for two new state - funded Catholic schools with discriminatory admissions policies have cleared a further hurdle today, after Mr Justice Sales in the High Court dismissed a judicial review of Richmond - upon - Thames council's decision to approve them.

A year later members of the U.S. House of Representatives introduced a bill that would strip federal protections from wolves in the Great Lakes region and Wyoming with language preventing any further judicial review — overruling two court decisions finding that the Fish and Wildlife Service had wrongly removed Endangered Species Act protections for the wolf.

The Department for Education (DfE) has said it disagrees with «some aspects» of the court's decision last month to rule against education secretary Nicky Morgan in a judicial review brought by six parents, but has not said which.

I'd actually prefer the Commission coming with a well - reasoned and published decision that is subject to judicial review over some MS fixing something together with an (aspiring) national champion... This will certainly help to separate the chaff of protectionism from the wheat of true market failures.

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 adjudicator appointed under the Canada Code agreed with him but reserved judgment regarding remedy when AECL sought judicial review of the decision before the Federal Court.

We granted certiorari, 510 U. S. 1068 (1994), to consider whether Oregon's limited judicial review of the size of punitive damages awards is consistent with our decision in Has lip.

Working with specialist lawyers across our firm in sectors such as energy and environment, we provide high quality, pragmatic advice on the judicial review of planning decisions.

Acting as pro bono counsel for Trevor Loke with respect to a judicial review of the Minister of Advanced Education's decision to consent to a law school at Trinity Western University on the basis that such decision violates his equality rights under the Charter.

Mr Justice Ouseley handed down judgment today on a number of judicial review challenges to the Government's decision to proceed with a high speed rail link from London to Birmingham, Leeds and Manchester.

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.

In this case, the ECJ first examined the compatibility of the ECJ's judicial review of Commission inspection decisions with Articles 8 and Article 6 (1) ECHR before reaching the conclusion that there was no violation of Articles 7 and 47 of the Charter (Case C - 583 / 13 P, Deutsche Bahn and others v. Commission, EU: C: 2015:404, paras. 32 - 36 and 46 - 48).

Chris Paliare and Karen Jones represented the College of Chiropractors in Leering v. College of Chiropractors of Ontario, 2010 ONCA 87, a successful appeal of a judicial review decision of the Divisional Court, affirming that there is no exception to accommodate spouses in the zero - tolerance policy regarding health professionals who engage in sexual relations with their patients.

Again, Anisminic is sometimes taken as authority for the proposition that unlawful administrative decisions are nullities, that they never existed in the eyes of the law, with the corollary that judges should not have any discretion to refuse judicial review remedies.

First, the demise of the distinction between jurisdictional and non-jurisdictional error of law, along with the eradication in Ridge v Baldwin of the distinction between quasi-judicial and administrative decisions, paved the way for the development of a unified set of principles — of legality, rationality and procedural propriety — of judicial review of administrative action.

PLP's ever popular course «How to do Judicial Review» is a complete, one day course to provide lawyers and advisers, policy people and decision makers with an understanding of public law principles and how they operate in bringing and defending judicial reviewJudicial Review» is a complete, one day course to provide lawyers and advisers, policy people and decision makers with an understanding of public law principles and how they operate in bringing and defending judicial review cReview» is a complete, one day course to provide lawyers and advisers, policy people and decision makers with an understanding of public law principles and how they operate in bringing and defending judicial reviewjudicial review creview claims.

(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.

The respondent in judicial review who seeks to defend the statutory decision will usually assert that reasonableness be applied as the standard of review, such that the reviewing court affords deference to the decision and making it less likely the court will interfere with the decision.

These findings on standard of review are not only consistent with the overall trend in existing jurisprudence concerning the judicial review of FOIP decisions, but are also consistent with the trend towards reasonableness as the standard of review generally in substantive judicial review of statutory interpretation by administrative decision - makers.

If the court agrees with the findings of the statutory decision - maker the impugned decision survives judicial review, but if the court disagrees with the findings then the impugned decision is set aside or varied to correct the error.

For those reasons at least, the creation of the focal point and the Office of the Ombudsperson can not be equated with the provision of an effective judicial procedure for review of decisions of the Sanctions Committee -LSB-...].»

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.

If we had not petitioned the court for a judicial review of the adjudicator's decision, our client would be stuck with a knowing that one of our key arguments had not even been taken into consideration

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.»

B brought a claim for judicial review of the CPS's decision together with a claim for damages under the Human Rights Act 1998.

Legislative choice to vest decision - making authority in these bodies, allied to their expertise, the complexity of the problems with which they deal and the ability of interested parties to participate in their proceedings justifies a deferential approach to judicial review of their decisions.

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

Importantly, because the challenge by Professor Corbally to the constitutionality of the Medical Practitioners Act 2007 and its compatibility with the European Convention on Human Rights was not determined pending the judicial review of the Medical Council's decision, the lack of appeal issue remains open.

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.

But with respect, I don't think this is a sufficient reason or justification for the courts to abdicate their responsibility for upholding the rule of law in the judicial review of administrative decisions entirely.

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

The Court did not grapple with the point that the decision in AHK had been overtaken by the enactment of section 6 of the Justice and Security Act 2013 which provides for a closed material procedure in judicial review proceedings (CMP).

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

Consistent with these earlier reports, the Commission strongly favoured statutory appeals over judicial review as a simpler mechanism for legal oversight that can be calibrated to address the particularities of statutory tribunal decisions, and recommended that legislation contain a right of appeal on questions of law (and in certain instances on questions of fact) to the courts from the exercise of statutory power with only a few exceptions.

501 «Reasonableness Transformed (in Canada)» [2008] 13 J.R. 214 «Complicating Simplicity: the «Court First Seised» and «Related Actions» in Article 28» [2008] 27 C.J.Q. 454 «Monkeying Around with Free Speech» (2008) 124 L.Q.R. 560 «Judicial Review — Ten Years On» [2008] 13 J.R. 214 «Clarifying Immateriality» [2008] 13 J.R. 111 «Of Coups and Compensation Claims: Mbasogo Reassessed» [2008] 19 King's L.J. 176 «Independent and Impartial Tribunals: Another One Bites the Dust» [2008] 13 J.R. 46 «Proportionality, the Decision - Maker and the House of Lords» [2007] 12 J.R. 221 «Au Revoir to Renvoi?&raquOf Coups and Compensation Claims: Mbasogo Reassessed» [2008] 19 King's L.J. 176 «Independent and Impartial Tribunals: Another One Bites the Dust» [2008] 13 J.R. 46 «Proportionality, the Decision - Maker and the House of Lords» [2007] 12 J.R. 221 «Au Revoir to Renvoi?&raquof Lords» [2007] 12 J.R. 221 «Au Revoir to Renvoi?»

At least so long as the laws and administrative decisions invalidated on judicial review are unconstitutional or illegal more often than not, judicial review increases the government's overall compliance with the Rule of Law.

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

[20] Here, for instance, the citizenship decision would be reviewed on domestic judicial review grounds, but if it had an EU law aspect would fall to be considered in accordance with the EU principle of proportionality.

The conservative view may favour robust judicial review of decisions made by the executive branch, but perhaps not in some areas, such as those that have to do with national security.

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.

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

In a judgment released earlier today (Speciality Produce Limited v Secretary of State for Environment, Food and Rural Affairs [2014] EWCA Civ 225), the Court of Appeal dealt with a case where the claimant, SPL, had sought judicial review of an initial decision by the Rural Payments Agency derecognising it as a producers organisation under the relevant EU Regulation.

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.

As LeBel J. noted in Multani, when a court is faced with reviewing an administrative decision that implicates Charter rights, «[t] he issue becomes one of proportionality» (para. 155), and calls for integrating the spirit of s. 1 into judicial review.

York submits that a student has a right of judicial review with respect to procedural matters, but the court should not be asked to interfere with a university's decisions or judgments relating to academic matters.

[47]... In judicial review, reasonableness is concerned mostly with the existence of justification, transparency and intelligibility within the decision - making process.

Furthermore, the Court of Appeal's decision makes salient determinations with regard to the amount of deference owed to the Property Assessment Appeal Board (the «Board») on judicial review, and the Board's exclusive jurisdiction over factual findings.