Excelsior CorrespondentJAMMU, 28 September: The High Court has ruled that the deployment of armed forces under the United Nations Peacekeeping Mission cannot be equated with Formed Police Units as the two play a distinct role in accordance with the UN mandate and government policy decisions are not subject to judicialRead More →

The Judiciary of Courts and Tribunals has released the 2022 edition of the Judicial Review Guide for Administrative Tribunals, with senior judges expressing concern about the problems the Court faces when parties fail to follow the rules of civil procedure and practical guidelines. The Judiciary of Courts andRead More →

Introduction A 3-judge bench of the Supreme Court (SC) in its judgment of August 26, 2022, in M/s RK Industries (Unit-II) LLP v. M/s HR Commercials Private Limited & Anr., Civil Appeal Nos. 7722/2021 and 7731/2021, considered the provisions of the Insolvency and Bankruptcy Code (Code) and the Insolvency andRead More →

ECONOMYNEXT – Sri Lanka needs judicial review to stop laws that are changed at the last minute at “committee stage” without debate and may be unconstitutional, opposition leader Lakshman Kiriella has said. “It’s a serious flaw in the parliamentary system (in Sri Lanka),” Kiriella told President Mahinda Abeywardena. “You knowRead More →

The Delhi High Court has observed that the scope of judicial review in public procurement is limited and can only be exercised if there is a patently unreasonable, irregular, irrational or unlawful character in the decision-making process of the placing authority. the broader public interest at risk. A dividing benchRead More →

This is the first of two letters we sent to the Committee on Equalities, Human Rights and Civil Justice on August 30, 2022. The second on the Cabinet Secretary’s comments regarding single-sex exceptions to the law on equality is here. We write with additional elements that we believe have aRead More →

A Planning Court judge has dismissed a legal challenge to the London Borough of Tower Hamlets granting planning permission for the redevelopment of part of the site of a former brewery. The council had granted permission on 10 November 2021 to Old Truman Brewery Limited, the interested party,Read More →

PCS, Care4Calais and Detention Action have launched judicial review proceedings in the High Court, challenging the Home Secretary’s plan to return asylum seekers to Rwanda and testing the legality of the policy. We take this step to prevent our members from having to operate in a dangerous, hostile and inhumaneRead More →

Plaintiff Annette Serna appealed an order of the U.S. District Court for the Central District of California. Serna had brought wrongful termination and related claims against Northrop, including under California’s Fair Employment and Housing Act (FEHA), in the California Superior Court, Los Angeles County. Northrop referred the case to theRead More →

The Sikkim High Court recently dismissed a petition challenging the Sikkim State Subordinate Fisheries Service (Amendment) Rules 2019, which removed the age relaxation granted to ST, SC, MBC and OBC applicants by fishing rules 2008. Judge Bhaskar Raj Pradhan observed that it is open to the Government, while making rulesRead More →

The Court of Appeal has dismissed an appeal over a High Court judge’s dismissal of a legal challenge to the government’s decision to end the ‘Everyone’ initiative which was launched to get the homeless out shelter from the streets during the pandemic. The applicant in ZLL, R (OnRead More →

The Telangana High Court has recently observed that the judicial review exercised by the Court in contractual matters is very limited and that unless bad faith and arbitrariness are demonstrated, the Court cannot intervene in the administrative action. The sighting came from Judge G. Radha Rani in a written petitionRead More →

Part 18 of the CPR empowers the court to order a party to the proceeding to provide additional information, where necessary to resolve disputes. Requests for orders under CPR18 are very rare in judicial review cases, but two recent Administrative Court decisions illustrate the type of circumstances in which ordersRead More →

After more than two long years of living in the shadow of the Covid-19 pandemic, we can go back and reflect on our colleague Sophie Kemp’s predictions regarding “the future public inquiry into Covid-19” in light of High Court judgment Gardner & Harris v Secretary of State for Health andRead More →

The Supreme Court explained the scope of judicial review of the action of the administrative authority on the basis of its subjective opinion or satisfaction. “Action based on subjective opinion or satisfaction may be examined judicially first to determine the existence of the facts or circumstances on the basis ofRead More →

Rainbow TV had its broadcast license revoked on June 8, 2022 by the Malawi Communications Regulatory Authority (MACRA) for substantial breach of its broadcast obligations by not paying the annual license fee. The deadline given to the broadcaster to honor the payment — which had a consultation grace period betweenRead More →

Rainbow TV had its broadcast license revoked on June 8, 2022 by the Malawi Communications Regulatory Authority (MACRA) for substantial breach of its broadcast obligations by not paying the annual license fee. When MACRA received the payment, the regulator wrote to Rainbow TV that: “Unfortunately, please be aware that anyRead More →

On May 10, 2022, the Court of Appeal (certificate of authenticity) dismissed an appeal by veterinary pharmaceutical manufacturer, Arthropharm, against the High Court’s decision (CS) rejection of its judicial review (J.R.) challenge against the Health Products Regulatory Authority (HPRA). The HC and COA found that Arthropharm JR’s challenge was takenRead More →

The Supreme Court has dismissed an appeal by Gemma O’Doherty and John Waters in their unsuccessful challenge to Covid-19 lockdown restrictions from spring 2020. The appeal concerned whether the claimants were required to present evidence expert on the proportionality of the measures adopted. by the government and the effect onRead More →

“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 →