“After the national outrage at what residents and long-term care workers faced during the pandemic, we frankly expected a change in the way they were treated,” said Catherine Fortier, Assistant to the National President. “Arbitrators let down long-term care workers for a decade and staffing shortages were evident across theRead More →

Adams County School District 14 is fighting back after the Colorado State Board of Education voted in May to reorganize the district. In a court complaint filed Tuesday, the district said the state board’s order caused the district “substantial and irreparable harm.” “Never in the history of Colorado has theRead More →

Tuesday, June 28, 2022, 10:26 a.m.Press Release: Right Honorable Winston Peters Winston Peters brought judicial review proceedings against the Speaker of the House, the Right Honorable Trevor Mallard, challenging Mr. Mallard’s issuance of a trespassing warning against Mr. Peters on April 28, 2022, which the Speaker then dismissed. retired MayRead More →

A disabled person’s application for judicial review of the City of London Corporation’s pricing policy for a bathing pond was dismissed by a High Court judge who said the claimant’s argument ‘breaches the principle of ‘ensure socio-economic equality’. In Efthimiou, R (at request of) v City of LondonRead More →

The Delaware Chancery Court recently struck down a charter provision that purported to make certain board decisions “conclusive and binding,” finding that Delaware’s General Corporate Law (DGCL) does not permit corporations to limit the scope of judicial review of fiduciary conduct. In Tota c. CCSB Fin. Corp., (Del. Ch. MayRead More →

June 16, 2022 Carotenuto Studio Legal To print this article, all you need to do is be registered or log in to Mondaq.com. Ruling on an appeal against administrative sanctions pronounced by the Consob (National Commission for Enterprises and the Stock Exchange), the Court of Cassation recently decidedRead More →

Believing that the scope of judicial review in contractual matters, especially those requiring technical know-how, is limited, the Gujarat High Court refused to interfere with the order issued by the dispute resolution panel in which the Claimant’s challenge to show cause notices issued by Indian Oil Corporation were dismissed. TheRead More →

KOTA KINABALU: The judicial review application filed by the Sabah Law Society (SLS) regarding state revenue duties is a comprehensive solution to resolve outstanding issues regarding the 40% duty owed to Sabah by Putrajaya. SLS member Dr David Fung explained that their action was different from the original summons previouslyRead More →

A legal inquiry into the planning guidelines supporting Hendon’s redevelopment has been postponed following a change in management at Barnet Council. The delay in the judicial review hearing to consider Burroughs and Middlesex University’s Supplementary Planning Document (SPD) comes after the new Labor Administration asked for time to consider theRead More →

Parents who have fought against compulsory sex education in Wales – which the government says will ‘gradually empower learners’ from an early age on subjects such as equity, sex, gender and sexuality – have obtained a judicial review. Representing 5,000 parents and grandparents, child protection advocates Public Child Protection WalesRead More →

Parents who have fought against compulsory sex education in Wales – which the government says will ‘gradually empower learners’ from an early age on subjects such as equity, sex, gender and sexuality – have obtained a judicial review. Representing 5,000 parents and grandparents, child protection advocates Public Child Protection WalesRead More →

The High Court has dismissed a complaint against Eastleigh Borough Council over its decision to grant planning permission for a runway extension at Southampton Airport. In Goesa Ltd, R (at the request of) v Eastleigh Borough Council [2022] EWHC 1221, Holgate J. dismissed all five grounds advanced byRead More →

The Administrative Court of England and Wales recently considered whether the Royal College of Surgeons (RCS), when producing a report, under the ‘Guest Review Mechanism’ (IRM), could be challenged by judicial review. Madam Justice Hill’s judgment provides a useful review of the competent authorities and illustrates the limits of judicialRead More →

Congress should seek to eliminate procedural hurdles that impede statutory access to judicial review. The United States Code is littered with statutes providing for judicial review of agency action. The Administrative Conference of the United States (ACUS) has sought to list all of these laws and categorize them according toRead More →

The High Court has ruled in favor of a Castleisland councilor who sought judicial review of the selection process for a local development council. Independent Councilor Charlie Farrelly, elected in the Municipal District of Castleisland-Corca Dhuibhne, has taken legal action against Kerry County Council after Fianna Fáil’s Mikey Sheehy andRead More →

The past few weeks have seen a number of notable developments regarding new or proposed legislation which could have a significant impact on aspects of public and administrative law. Especially: The Judicial Review and Courts Act 2022 recently received Royal Assent and introduces, among other things, changes to judicial reviewRead More →

The first application for judicial review of an arbitrator’s decision under Ontario law building law was fired. In SOTA Dental Studio Inc. c. Andrid Group Ltd.2022 ONSC 2254 (“SOTA“), a three-judge panel of the Divisional Court unanimously dismissed the owner’s application for judicial review of an arbitrator’s order requiring paymentRead More →

Monday, May 9, 2022, 12:10 p.m.Press Release: Rotorua Lakes Council The Rotorua Lakes Council will strongly oppose an application for judicial review of a decision by the Rotorua Lakes Council to bring the Rotorua District Council (Arrangements of Representation) Bill to Parliament. The application was lodged in the High CourtRead More →

On day two of the judicial review of two Greater Victoria school board trustees who were censured and suspended for bullying and harassment, lawyers debated whether the board had the authority to suspend elected officials and whether the suspension was a reasonable sanction . School District 61 administrators Diane McNallyRead More →

The Andhra Pradesh High Court recently failed to issue a writ of certiorari in a writ petition which challenged the order of the Andhra Pradesh Administrative Court as there was no jurisdictional error or manifest perversity. “In the considered opinion of this Court, there is neither jurisdictional error nor manifestRead More →

The Karnataka High Court has dismissed a filed petition challenging the government’s notice by which it amended the Karnataka Department of Education (Department of Public Instruction) Services (Recruitment) Rules 1967 and excluded the subjects, at know psychology and journalism at graduate level as a minimum qualification for recruitment. as aRead More →

A judicial review to review the decision to approve the runway extension at Southampton Airport began today. Called by the group opposed to the expansion of Southampton Airport (GOESA), the legal proceedings seek to establish whether Eastleigh Borough Council acted unlawfully when granting permission for a “development 164 meters” northRead More →

George Town (Cayman Islands) [UK], April 27 (ANI/PRNewswire): Dr. Yaron Rado, Chief Radiologist and Chairman of the Physicians Hospital Board, released the following statement regarding the three-day judicial review, Grand Court cases Nos. 55 and 150 of 2021 challenging institutionally registered healthcare professionals practicing in Cayman and the financial concessionsRead More →

The former Brampton Integrity Commissioner has launched a judicial review in hopes of overturning the city council’s decision to terminate her contract. Muneeza Sheikh, a lawyer with Levitt Sheikh LLP, was hired as the city’s Integrity Commissioner (IC) in the summer of 2019 and served in that role until theRead More →

Approval of the runway extension at Southampton International Airport will be challenged in a judicial review hearing on Wednesday April 27. During the two-day hearing at the Royal Courts of Justice in London, lawyers for the group opposed to the expansion of Southampton Airport (GOESA) will argue that Eastleigh BoroughRead More →

Opponents of McHenry County Sheriff’s hopeful Tony Colatorti’s candidacy on Tuesday asked a McHenry County judge to overturn the County Board of Elections’ decision last week to keep him on the ballot . Colatorti called the filing on Tuesday an effort to “continue to disenfranchise voters and waste taxpayers’ money.”Read More →

The (short-lived) Supreme Court ruling that the Vice President’s decision of April 8, 2022 on a point of order rejecting a motion of no confidence in former Prime Minister Imran Khan was declared unconstitutional has sparked a debate in all of society, especially among the legal fraternity. The downside ofRead More →

The company that owns the mothballed Northern Pulp plant is launching a new legal action as part of its effort to resume operations. Northern Pulp officials filed a formal appeal Tuesday with Nova Scotia Environment Minister Tim Halman regarding its environmental assessment mandate, as well as a judicial review applicationRead More →

Families say port facilities are inadequate A judicial review submission filed against Thanet Council on behalf of the families of Pavee Travelers at Ramsgate Port will be heard on April 6. The request for review was filed late last year for violation of human rights regarding the conditions and treatmentRead More →

File photo. The High Court on Wednesday dismissed a woman’s application for judicial review of the government’s ‘vaccination pass’ arrangement, with the judge saying the policy ‘strikes a reasonable balance’ between public health and human rights of the individual. The vaccine pass arrangement covers restaurants, shopping malls, supermarkets,Read More →

Welsh Economy Minister Vaughan Gething has served a notice of judicial review on Secretary of State for Business, Energy and Industrial Strategy Kwasi Kwarteng over whether his department should intervene to keep a failed power station in South Wales. Mr Gething said Baglan Operations went into compulsory liquidationRead More →

In College of Physicians and Surgeons of British Columbia v. Health Professions Examination Board2022 BCCA 10, the British Columbia Court of Appeal (BCCA) clarified how courts should review decisions of administrative appeal bodies that are subject to statutory review standards. In that case, the Review Board’s statute required it toRead More →

Goldstone’s most recent book is “Because of Race: The Supreme Court, White Supremacy, and the Ravaging of African-American Voting Rights.” The Roberts court’s record of protecting voting rights is hardly impressive. Rather than viewing ballot box access as fundamental to a healthy democracy, the Supreme Court’s conservative majority prefers toRead More →

The hydra-led Amazon—Future—Reliance dispute also raises important questions about the role of judicial review in arbitration. In international commercial arbitration established in India under the rules of the Singapore International Arbitration Center (“SIAC“), Future had applied to the Delhi High Court under Article 227 of the Indian Constitution to declareRead More →