discretionary remedies
Staying out of the Wilderness of Single Instances: Some Thoughts on Context and Procedural Fairness
At the centre of R. (L.) v. West London Mental Health NHS Trust, [2014] EWCA Civ 47 was a man with significant mental health challenges. In a learned judgment, Beatson L.J. analyzed the requirements of the common law of procedural fairness and made some interesting observations about the challenges the common law poses for reviewing […] Read more
Adequate Alternative Remedies and the Right to Bring Judicial Review Proceedings
An interesting aspect of the Irish Supreme Court decision in EMI Records (Ireland) Ltd. v. The Data Protection Commissioner, [2013] IESC 34 is that judicial review proceedings were taken by the applicants even though they were not targeted by the enforcement notice issued by the respondent. This notice was legally flawed: see my previous post […] Read more
Governance of First Nations: Federal Court Exercises Discretion not to Grant Relief
Canada’s relationship with its First Nations has been in the news a great deal recently, due to the Idle No More protests. Governance is a central issue in current political discourse and it was also at the centre of Gamblin v. Norway House Cree Nation Band Council, 2012 FC 1536. Here, the respondent had approved […] Read more