administrative procedure act 553

191 results for administrative procedure act 553

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  • ABS Financial Planning Ltd & Ors, R (on the application of) v Financial Services Authority & Anor, Court of Appeal - Administrative Court, January 12, 2011, [2011] EWHC 18 (Admin)

    1. The claimants in this application for judicial review are 217 companies and partnerships involved in financial and investment business. They challenge the decision of the defendant, Financial Services Compensation Scheme Ltd, on 29 March 2010 to impose an interim levy of some £32 million on them in relation to compensation payable in respect of

    ... this sort, a requirement to give notice of an intended decision and to provide an opportunity for comment and representations (such as that in section 4 of the United States' Administrative Procedure Act 1946, 5 USC § 553) would impose a lesser burden. The defendant submitted that this was in practice what was done in this case, albeit not as a matter of duty. . 77. The submission that the ...

  • Reference by the Court of Appeal in Northern Ireland pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion)

    ... effective respect for her private life because there was no accessible and effective procedure by which she could have established whether she qualified for a lawful abortion in Ireland. . 24. ... is not enough to show that, as a matter of practice or when applied in the light of administrative guidance, legislation has proved prone to give rise to unjustified infringement of a Convention ...

  • Erlam & Ors v Rahman & Anor, Court of Appeal - Queen's Bench Division, April 23, 2015, [2015] EWHC 1215 (QB)

    1 22 May 2014 was Election Day throughout the United Kingdom. There was a nationwide election for members of the European Parliament. Many local authorities had council elections and a few local authorities had mayoral elections. The London Borough of Tower Hamlets had all three. While undoubtedly making practical sense to hold all the relevant ele...

    ...THE LAW. The law: election courts and their procedures. Election petitions . 17 Before dealing with the law relating to election petitions, it is ...194 The Labour takeover of Tower Hamlets resulted in them dismantling some of the administrative structures that had been put in place by Liberal Focus, in particular the administrative division ...

  • Al-Saadoon & Ors v The Secretary of State for Defence & Ors, Court of Appeal - Civil Division, September 09, 2016, [2016] EWCA Civ 811

    1. British military involvement in Iraq between 2003 and 2009 has given rise to a large number of civil claims before the courts of this jurisdiction, most involving allegations of ill-treatment, unlawful detention and, in some cases, unlawful killing of Iraqi civilians by British soldiers. 2. One group of claims consists of claims for judicial rev...

    ...ON APPEAL FROM HIGH COURT, QUEEN'S BENCH DIVISION. ADMINISTRATIVE COURT. MR. JUSTICE LEGGATT. CO/5608/2008 & hq13x01841. Royal Courts of Justice. Strand, London, ... those responsible and including effective access for the complainant to the investigatory procedure.'' (at [98]). The court considered that such a requirement was implicit in the notion of an ...

  • Upper Tribunal (Administrative Appeals Chamber), September 04, 2015, [2015] UKUT 553 (AAC)

    1. The issue in this case is whether there was an error of law in the decision of the First-tier tribunal (`FTT') to proceed to determine the claimant's appeal in relation to Employment and Support Allowance (`ESA') without a medical member being present. 2. The claimant had been in receipt of ESA on the basis that she was suffering from anxiety a...

  • Gulati & Ors v MGN Limited, Court of Appeal - Chancery Division, May 21, 2015, [2015] EWHC 1482 (Ch)

    IMPORTANT NOTE - THE UNREDACTED JUDGMENT ON WHICH THIS IS BASED IS SUBJECT TO REPORTING RESTRICTIONS UNDER AN ORDER OF MR JUSTICE MANN DATED 21ST MAY 2015. THIS JUDGMENT IS A PUBLICLY AVAILABLE VERSION OF THAT UNREDACTED JUDGMENT PUBLICATION OF THIS FORM OF JUDGMENT DOES NOT OF ITSELF INFRINGE THOSE REPORTING RESTRICTIONS Case Nos: Alcorn - H...

    ... There came a time when two of the networks changed their security procedures, and required their subscribers to select their own PINSs and on those occasions existing hacking ... at xxxxxxx [a senior level] on the actual journalism (as opposed to the Board or administrative) side of the business. This is also demonstrated by Mr Evans' evidence, which I accept, that ...

  • Abd Ali Hameed Al-Waheed (Appellant) v Ministry of Defence (Respondent)

    ... shall be deprived of his liberty except in six specified cases and in accordance with a procedure prescribed by law. They also rely on article 5(4), which requires that the detainee should be ...Their . Page 5 . detention is authorised on the footing that it is a purely administrative measure with no penal purpose, and must terminate when the armed conflict ends. However, ...

  • Al-Saadoon & Ors v Secretary of State for Defence, Court of Appeal - Administrative Court, March 17, 2015, [2015] EWHC 715 (Admin)

    1. One of the legacies of the Iraq war is litigation. Many claims have been brought in the courts of this country arising out of the British military involvement in Iraq between 2003 and 2009. Although it is now some six years since British forces completed their withdrawal from Iraq, the litigation is not abating. Most of the claims involve alle...

    ..., a thorough and effective investigation capable of leading to the identification and punishment of those responsible and including effective access for the complainant to the investigatory procedure. It is true that no express provision exists in the Convention such as can be found in art. 12 of [UNCAT], which imposes a duty to proceed to a `prompt and impartial' investigation whenever there is ...

  • Keyu and others (Appellants) v Secretary of State for Foreign and Commonwealth Affairs and another (Respondents)

    ... investigations under articles 2 and 3 is in connection with "criminal, civil, administrative or disciplinary proceedings which are capable of leading to the identification and punishment of ... the notion that the court should "condemn as contrary to the common law a series of procedures long since properly concluded in accordance with well-established domestic laws and never ...

  • Fletcher & Ors v Governor of HMP Whatton & Anor, Court of Appeal - Administrative Court, November 03, 2014, [2014] EWHC 3586 (Admin)

    1. These cases raise an important issue about the extent to which the public law duty, confirmed by the House of Lords in R(James, Lee & Wells) v Secretary of State for Justice [2009] UKHL 22; [2010] 1 AC 553, on the Secretary of State for Justice (``the Secretary of State'') can be modified or affected by the level of resources made available by t...

    ...(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (a) the lawful detention of a person after conviction by a competent court; .. (4) Everyone who is deprived of his liberty by arrest or detention shall be entitled to take ...

  • Al-Saadoon & Ors v Secretary of State for Defence, Court of Appeal - Administrative Court, April 07, 2016, [2016] EWHC 773 (Admin)

    1. This judgment marks a further step in the tortuous process of discerning the extent of the state's obligations to investigate allegations of unlawful killing and ill-treatment of civilians by British soldiers in Iraq between 2003 and 2009. It follows a hearing to consider three issues: i) Whether the Secretary of State for Defence is required b...

    ... Such inquiries are to be conducted by an inspector appointed by the Secretary of State using an inquisitorial procedure on the model of a coroner's inquest. The Divisional Court considered that these ``inquisitorial'' inquiries, where they are necessary to comply with the Convention, should take place after any ...

  • Secretary of State for the Home Department v HM Senior Coroner for Surrey & Ors, Court of Appeal - Administrative Court, November 23, 2016, [2016] EWHC 3001 (Admin)

    Written representations by Ms Heather Williams QC and Mr Jesse Nicholls for INQUEST (instructed by Hickman & Rose), and by Ms Caoilfhionn Gallagher and Ms Angela Patrick (instructed by Zoe Norden) for Guardian News and Media Hearing date: 14 November 2016 - - - - - - - - - - - - - - - - - - - - - Judgment Mr Justice Cranston: Introduction 1. T...

    ...4. Thus the Secretary of State made the application under Part 8 of the Civil Procedure Rules (``CPR'') on 20 September 2016. On 27 September 2016, I ordered an expedited hearing. On 13 and 19 October, and 1 November 2016, I invited the IPs at the inquest to make oral representations ...

  • The PNPF Trust Company Ltd v Taylor & Ors, Court of Appeal - Chancery Division, June 28, 2010, [2010] EWHC 1573 (Ch)

    1. The Claimant, the PNPF Trust Company Limited (the ``Trustee''), is the trustee of a pension scheme, the Pilots' National Pension Fund (the ``PNPF'' or the ``Scheme''), with a substantial funding deficit. The latest figures (as at 31 March 2009) show a deficit on the buy-out basis (ie on the basis that the Scheme's liabilities are discharged by

    ... being made from any sums received by pilots of any sums required for meeting the administrative expenses of the authority, or any contributions required for any fund established for the payment ...d. Safety and working procedures. In order to fulfil their statutory duty ``to secure the safety of ships navigating in or in the ...

  • R (on the application of Haney) (AP) (Appellant) v The Secretary of State for Justice (Respondent)

    ... one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: . (a) the lawful detention of a person after conviction by a competent court; . ... various life or IPP prisoners are now relying upon James v UK to challenge in the Administrative Court the legitimacy of their continued detention, before the Parole Board has expressed itself ...

  • R (on the application of Faisal Kaiyam) (Appellant) v Secretary of State for Justice (Respondent)

    ... one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: . (a) the lawful detention of a person after conviction by a competent court; . ... various life or IPP prisoners are now relying upon James v UK to challenge in the Administrative Court the legitimacy of their continued detention, before the Parole Board has expressed itself ...

  • R (on the application of Massey) (Appellant) v The Secretary of State for Justice (Respondent)

    ... one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: . (a) the lawful detention of a person after conviction by a competent court; . ... various life or IPP prisoners are now relying upon James v UK to challenge in the Administrative Court the legitimacy of their continued detention, before the Parole Board has expressed itself ...

  • GJD v Governor of HMP Wakefield Secretary of State for Justice, Court of Appeal - Administrative Court, February 25, 2016, [2016] EWHC 345 (Admin)

    1. This claim for Judicial Review is brought with permission granted by Kenneth Parker J on 23rd June 2015 after an oral hearing. Some of the history of this case is already in the public domain in the judgments of the Divisional Court and Court of Appeal Criminal Division handed down on 17th February 2015, [2015] EWHC 3501 (Admin) and [2015] EWCA...

    ... Mr. Philip Rule who appears for the claimant before me, told me that he had decided that this was the right procedure. He was concerned that an application for leave to appeal out of time would involve a long delay and felt that the application for habeas corpus was the quickest route to a solution. The Divisional ...

  • In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland)

    ... one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (a) the lawful detention of a person after conviction by a competent court .." ... the observations of Moses LJ in R (Lee) v Secretary of State for Justice in the Administrative Court [2008] EWHC 2326, para 22, no doubt reflecting the earlier judgment of Laws LJ, that 'the ...

  • Bowen & Anor, R (On the Application Of) v Secretary of State for Justice, Court of Appeal - Administrative Court, August 05, 2016, [2016] EWHC 2057 (Admin)

    1. The Claimants, Mr Bowen and Mr Stanton, were both convicted of serious offences and sentenced to indeterminate sentences. In the case of Mr Bowen, his was a life sentence for murder, with a minimum tariff of 14 years. In the case of Mr Stanton, his was an indeterminate sentence for public protection (an ``IPP'') for a s 18 wounding with intent...

    ...``1. Everyone has the right to liberty and security of person. . No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:. (a) the lawful detention of a person after conviction by a competent court; . .. 4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take ...

  • Mohammed v Ministry of Defence & Ors, Court of Appeal - Queen's Bench Division, May 02, 2014, [2014] EWHC 1369 (QB)

    1. The important question raised by this case is whether the UK government has any right in law to imprison people in Afghanistan; and, if so, what is the scope of that right. The claimant, Serdar Mohammed (``SM''), was captured by UK armed forces during a military operation in northern Helmand in Afghanistan on 7 April 2010. He was imprisoned on...

    ... . 4. ISAF standard operating procedures permit its forces to detain people for a maximum of 96 hours after which time an individual must ...See Pejic, `Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence' (2005) 87 (858) International Review ...

  • DSD And NBV & Ors R (On the Application Of) v, Court of Appeal - Administrative Court, March 28, 2018, [2018] EWHC 694 (Admin),[2018] WLR(D) 195

    1. The Parole Board of England and Wales (``the Parole Board'') was established by s. 59 of the Criminal Justice Act 1967 in order, for the first time, to recommend to the Secretary of State the release on licence of those serving determinate terms of imprisonment having served not less than one third of the sentence imposed or twelve months whiche...

    ... There have been many such challenges brought by prisoners on the basis either that the procedure undertaken by the Parole Board has been unfair or that, for some other reason, a decision not to release is wrong. . 3. As far as we are aware, this series of cases is unique for a number of ...

  • Guntrip v Parole Board of England and Wales & Anor, Court of Appeal - Administrative Court, December 17, 2014, [2014] EWHC 4180 (Admin)

    1. This is the judgment of the court. On 20 November 2005 the claimant was sentenced at Snaresbrook Crown Court for an offence of street robbery to Imprisonment for Public Protection (IPP) with a minimum term of 2 years pursuant to s.225 Criminal Justice Act 2003. He was then aged 23 years. Time spent on remand was to count towards the minimum ter...

    ... regard to its then policy and practice that where there are no realistic prospects of release or progression to open conditions at that review or other persuasive reason, it is the usual procedure for cases to be concluded on the papers. In terms of the specific representations made by the claimant it noted that no assessment could be made of the inaccuracies alleged as they were not ...

  • Lee-Hirons (Appellant) v Secretary of State for Justice (Respondent)

    ...Accordingly, so they continue, a three-stage procedure should be applied: . (1) at the time of the patient's return to hospital, the person returning him ..., under the common law, of the Secretary of State's failure to comply with the administrative policy under which the appellant should have been provided, after being recalled to hospital, with ...

  • R (on the application of Faulkner) (FC) (Appellant) v Secretary of State for Justice and another (Respondents)

    ...In addition, the Board has been provided with additional resources, and administrative changes have been introduced in order to increase the efficiency of the system. The courts however ... one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: . (a) the lawful detention of a person after conviction by a competent court .." ...

  • R (on the application of Faulkner) (FC) (Respondent) v Secretary of State for Justice (Respondent) and The Parole Board (Appellant)

    ...In addition, the Board has been provided with additional resources, and administrative changes have been introduced in order to increase the efficiency of the system. The courts however ... one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: . (a) the lawful detention of a person after conviction by a competent court .." ...