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Unsettling Practices in Public Administration: KR and LR (A Minor) v Health Service Executive [2024] IEHC 255 One of the great unseen issues in public administration is the settlement of applications for judicial review. There has been a general trend in recent years towards the encouragement of out-of-court negotiations between applicants and public bodies. There are obvious benefits to settlement, in terms of sparing scarce judicial resources, permitting both sides to retain […]
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A Serving of Procedure: Environmental Defence Canada Inc. v Alberta, 2024 ABKB 265 I am sure that many of you often lie awake late at night, staring at the ceiling and wondering “how would I serve a judicial review application on a member of a public inquiry commission?” You will find an answer in Environmental Defence Canada Inc. v Alberta, 2024 ABKB 265. A few years ago the […]
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Responsive Reasons in Administrative Law: Is this Doctrinal Development Justifiable? This is the final post in my series on ‘Responsive Reasons’: for the previous posts, see here, here, here and here. There are two questions to be addressed in this section: why has responsiveness become important; and is it justifiably important? I will first address technical reasons for the rise of responsiveness in judicial review […]
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Recently Published Ottawa Decisions Find below recently published Ottawa decisions, available for free through CanLII.org. Family Matters Hormillosa v. Tshiani-Levine (2024 ONSC 2477) Family law — Practice — Orders — Variation — Retroactive orders Justice […]
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Responsive Reasons in Administrative Law: the UK This is the latest post in my series on ‘Responsive Reasons’: for the previous posts, see here, here and here It cannot be said that the notions of justification and responsiveness have been developed in the United Kingdom to anything like the extent they have been in Canada and Ireland. Nonetheless, a degree of commitment […]
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