An updated version of a presentation given to law students at Glasgow University on the matters that need to be thought about when preparing a presenting a judicial review case in the Court of Session.
The document summarizes recent cases related to the legal concept of unreasonableness in administrative decision making. It discusses Minister for Immigration and Citizenship v Li, a rare case where a decision was invalidated solely on the grounds of unreasonableness. The document outlines key principles from the case, including that decisions must have an evident and intelligible justification. It also summarizes other recent cases and implications for decision makers, advising them to ensure decisions are reasonable and proportionate given the applicable statutory provisions.
This document discusses the grounds for judicial review based on procedural impropriety, specifically breach of express statutory requirements and breach of fair procedure. It notes two subcategories of breach of fair procedure - the rule against bias, and the right to a fair hearing. The right to a fair hearing includes the rights to know the case against you, have sufficient time to prepare, and exceptions related to public interest and national security. The document also discusses proportionality in judicial review and the effect of the Human Rights Act of 1998.
What is Judicial Review Sprott Lab Rels June 16 2012lgarib
Judicial review allows courts to review administrative decisions like arbitration awards to ensure they were made correctly according to the proper legal process and standards. The court examines the entire decision making process but does not redecide the case merits. Grounds for judicial review include procedural errors, errors of fact or law, and decisions found to be unreasonable. Remedies can include quashing the decision or remitting it back for a rehearing.
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTANBritish Council
1) The need for and rationale of judicial review to prevent executive overreach and ensure administrative decisions are not arbitrary.
2) The jurisdictional principles that govern judicial review, particularly the doctrine of ultra vires which holds that administrative acts beyond an agency's legal powers are void.
3) The modes of judicial review exercised by courts in Pakistan, including public law review through writ petitions and private law review through suits/injunctions. Natural justice and its principles like nemo iudex in causa sua are also reviewed.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
The document discusses the benefits of exercise for both physical and mental health. It notes that regular exercise can reduce the risk of diseases like heart disease and diabetes, improve mood, and reduce feelings of stress and anxiety. The document recommends that adults get at least 150 minutes of moderate exercise or 75 minutes of vigorous exercise per week to gain these benefits.
Robert Hunt presented on the rise of expert determination as an alternative to arbitration. He discussed key differences between the two processes, with expert determination being less formal and allowing the expert to use their expertise to make determinations, unlike arbitrators. Expert determination can provide substantial savings in time and costs compared to arbitration. However, it does not allow for discovery of documents and subpoenas, and determinations must be enforced through courts. While anecdotally popular as part of tiered dispute resolution processes, data from one organization showed slightly more requests for arbitration than expert determination.
The document summarizes recent cases related to the legal concept of unreasonableness in administrative decision making. It discusses Minister for Immigration and Citizenship v Li, a rare case where a decision was invalidated solely on the grounds of unreasonableness. The document outlines key principles from the case, including that decisions must have an evident and intelligible justification. It also summarizes other recent cases and implications for decision makers, advising them to ensure decisions are reasonable and proportionate given the applicable statutory provisions.
This document discusses the grounds for judicial review based on procedural impropriety, specifically breach of express statutory requirements and breach of fair procedure. It notes two subcategories of breach of fair procedure - the rule against bias, and the right to a fair hearing. The right to a fair hearing includes the rights to know the case against you, have sufficient time to prepare, and exceptions related to public interest and national security. The document also discusses proportionality in judicial review and the effect of the Human Rights Act of 1998.
What is Judicial Review Sprott Lab Rels June 16 2012lgarib
Judicial review allows courts to review administrative decisions like arbitration awards to ensure they were made correctly according to the proper legal process and standards. The court examines the entire decision making process but does not redecide the case merits. Grounds for judicial review include procedural errors, errors of fact or law, and decisions found to be unreasonable. Remedies can include quashing the decision or remitting it back for a rehearing.
This document provides an overview of employment agreements in Ontario. It begins by defining who qualifies as an employee under Ontario law and how employees differ from independent contractors. It notes that employment agreements are used to clarify the employment relationship and address issues like termination and restrictive covenants that may arise. The document then gives 10 tips for drafting employment agreements, stressing the importance of putting terms in writing, making agreements clear, certain and complete, avoiding traps, and considering general contract principles.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTANBritish Council
1) The need for and rationale of judicial review to prevent executive overreach and ensure administrative decisions are not arbitrary.
2) The jurisdictional principles that govern judicial review, particularly the doctrine of ultra vires which holds that administrative acts beyond an agency's legal powers are void.
3) The modes of judicial review exercised by courts in Pakistan, including public law review through writ petitions and private law review through suits/injunctions. Natural justice and its principles like nemo iudex in causa sua are also reviewed.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
The document discusses the benefits of exercise for both physical and mental health. It notes that regular exercise can reduce the risk of diseases like heart disease and diabetes, improve mood, and reduce feelings of stress and anxiety. The document recommends that adults get at least 150 minutes of moderate exercise or 75 minutes of vigorous exercise per week to gain these benefits.
Robert Hunt presented on the rise of expert determination as an alternative to arbitration. He discussed key differences between the two processes, with expert determination being less formal and allowing the expert to use their expertise to make determinations, unlike arbitrators. Expert determination can provide substantial savings in time and costs compared to arbitration. However, it does not allow for discovery of documents and subpoenas, and determinations must be enforced through courts. While anecdotally popular as part of tiered dispute resolution processes, data from one organization showed slightly more requests for arbitration than expert determination.
This interactive session looked at developments in adjudication enforcement decisions, including a panel discussion / debate on:
- Adjudication generally
- The implications of the Human Rights Act
6a. david browne aarhus convention seminar (14 july 2018)ELIGConference
This document summarizes a seminar on standing requirements in environmental law following the Supreme Court's decision in Grace & Sweetman. It discusses how standing has been interpreted under Irish law, EU law, and the Aarhus Convention. Key points include: the Supreme Court found failure to participate is not an automatic bar to standing but may be a factor; a sufficient proximity and impact test applies; and proposed legislation may change standing rules but must still comply with principles of wide access to justice and effective judicial protection under EU law.
July’s practice group lunch included an overview of recent news from the U.S. Patent and Trademark Office (USPTO) and decisions from the Trademark Trial and Appeal Board (TTAB). The USPTO continues to revise its manuals for trademark practice (TMEP and TBMP) on a rolling basis, and has issued new rules and guidance on certain specific types of trademarks, such as collective marks and repeating patterns. The TTAB has decided that it will presume that, between a manufacture and an exclusive distributor, the manufacture owns the mark, subject to rebuttal (UVeritech v. Amax Lighting). Another TTAB case addresses the interaction between the courts and the USPTO, where the TTAB refused to vacate a decision even though the parties later settled the case while on appeal (University of Alabama v. Pitts).
This document summarizes key aspects of environmental rights in Scotland under the Aarhus Convention, including rights to environmental information, public participation, and access to justice. It notes that while international law is not directly binding, the EU has implemented parts of Aarhus. The main problem is access to environmental justice due to costs. Protective expenses orders and legal aid issues pose challenges. Time limits for judicial review may also hinder groups. Solutions could include increased funding and resources for all involved.
Emily Heard is an experienced commercial dispute resolution lawyer specializing in complex public procurement litigation and judicial reviews. She has represented both public and private sector clients in significant cases involving procurement challenges, statutory claims, and fraud investigations. Client testimonials praise her practical and responsive approach to effectively representing their interests. Her experience includes successfully defending numerous procurement processes and securing favorable outcomes for clients in high-profile cases.
Sanatana Resources Inc. presented an investor presentation on their Watershed property which surrounds IAMGOLD's Côté Gold project. Sanatana has explored the property extensively through drilling and geophysics, intercepting gold mineralization along strike from Côté. IAMGOLD has applied for easements over Sanatana claims, likely to incorporate the mineralization into an expanded mine plan, but Sanatana is defending its property rights. Sanatana sees value in potentially being acquired by IAMGOLD to consolidate the deposits and optimize the project.
ICSA’s Not-for-Profit Policy Updates are your chance to hear from our experts on what’s coming up on the legal and regulatory horizon within the charity sector. Running twice a year, and covering a range of different topics each time, these 60 minute sessions offer a stimulating and concise way to plan for what’s ahead, exchange ideas on best practice and network with peers and colleagues.
Open Policy Making Conference Red Tape Challenge SlidesPolicy Lab
The Red Tape Challenge aimed to reduce regulation on businesses by examining the existing UK regulation stock and soliciting public input to identify reforms. Over 5,600 regulations were reviewed, with 3,100 scrapped or improved, estimated to save businesses over £800 million per year. External challenges and evidence helped drive changes counter to departments' preferences. While largely successful, challenges included the volume of regulations, ensuring reforms were fully implemented, and demonstrating successes against ongoing new regulations. Lessons included targeting future reviews and improving feedback for public input.
Fast-track arbitration is a procedure that compresses a full arbitration into a finite time period, similar to fast-tracking a construction project. It requires cooperation between the parties, counsel, and arbitrator. Complex construction cases can be arbitrated in 100 days with established rules in the UK and US. For fast-track arbitration to work, the parties must be equally committed and able to dedicate resources over a compressed 4-6 month period. Experienced lawyers must make strategic decisions quickly and the arbitrator must balance efficiency with fairness.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
This document discusses challenges to statutory adjudication in the construction industry and proposes measures to diminish judicial intervention. It finds that as payment claims increase in size, so too does the proportion of determinations challenged through judicial review. Larger claims are more likely to involve complex issues that parties seek to dispute in court. However, extensive litigation undermines the objective of facilitating cash flow. The document examines current approaches used by courts to limit review and proposes that courts adopt a broad view of jurisdictional facts, and allow adjudicators to correct defects upon remittal rather than quashing entire determinations. It argues these pragmatic measures can better balance parties' rights with the legislation's purpose of resolving disputes quickly and inexpensively.
A Guide to Effective Arbitration Advocacy from Three Florida ArbitratorsUWWM
Approved 1.5 Hrs. FL Bar CLE Credit/1.0 Civil Trial Certification/Course #1303318N until 11/22/2014
Presented by: Richard Lord, A. Michelle Jernigan and George A. Sprinkel IV
June 17, 2013
Offers of compromise and “calderbank” offers in civil litigation andrew downieAndrew Downie
This document discusses offers of compromise and "Calderbank" offers in civil litigation. It provides an overview of the purpose and history of settlement offers, the key points of offers of compromise under state and federal court rules, differences between court levels, and differences between offers of compromise and "Calderbank" offers. Recent case examples are also summarized.
The document discusses the UK government's efforts to reduce regulatory burdens on businesses through programs like the Red Tape Challenge and One-In, Two-Out policy. The Red Tape Challenge identified existing regulations and solicited public feedback to eliminate unnecessary or outdated rules. Regulations were grouped into themes and challenges through a multi-step review process involving government agencies and external stakeholders. Successful reforms delivered included increased flexibility for company auditing and clearer contaminated land guidance. Lessons learned included the challenge of reviewing an entire statute book and ensuring changes are communicated and implemented.
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
Lynne and Jen take you through some recent developments in case law affecting commercial contracts and procurement, dealing with:
• whether a written contract can in fact still be varied orally
• whether information held by a local authority should be subject to disclosure under a FOIA request
• the new test for penalty clauses
• the first case considering a challenge involving the NHS Procurement Regulations
• the first case resulting in the issue of an ineffectiveness order against a public contract in the UK.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
The Patents County Court Small Claims TrackJane Lambert
On 1 Oct 2012 CPR Part 63 was amended to create a new small claims track for the Patents County Court. This presentation explains why these rule changes are important and show how they may be operated.
This newsletter summarizes upcoming adjudication and arbitration conferences in Edinburgh, London, and Cape Town. It also provides details on enforcing an adjudicator's decision in Northern Ireland. The key enforcement steps include issuing a writ of summons in the Queen's Bench Division of the High Court of Justice in Northern Ireland and applying for summary judgment. Recent Northern Irish court decisions generally support the enforcement of adjudicator's decisions in line with promoting cash flow in the construction industry.
In this month's episode, we’re talking about the use of government grants and the strings that can come attached to your IP! We’re exploring the various types of small business research grants, how the Bayh-Dole Act regulates inventions generated under government grants, licensing and ownership implications for your patent when using federal dollars, and the sticky webs that you may find yourself in if you are not carefully tracking IP and adhering to the numerous provisions and timelines.
Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads the discussion along with our all-star patent panel, exploring:
⦿ How the Bye-Dole Act of 1980 regulates inventions under government grants
⦿ As a small business, what types of grants are available to you and whether or not they can cover IP-related costs
⦿ The rights of the federal government to your Invention when you use grant money
⦿ Implications for using subcontractors to perform the work under the grant
⦿ And of course, some of the biggest gotcha’s and practical tips for avoiding them
Ashley is also joined today by our always exceptional group of IP experts including:
⦿ Kristen Hansen, Patent Strategy Specialist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Ty Davis, Patent Strategy Associate at Aurora
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the introduction of a very important piece of patent reform legislation called the PREVAIL Act.
** Follow Aurora Patents **
⦿ Home: https://www.aurorapatents.com/
⦿ Twitter: https://twitter.com/AuroraPatents
⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/
⦿ Facebook: https://www.facebook.com/aurorapatents/
⦿ Instagram: https://www.instagram.com/aurorapatents/
⦿ TikTok: https://www.tiktok.com/@aurorapatents
⦿ YouTube: https://www.youtube.com/@aurorapatents/
⦿ Listen https://www.aurorapatents.com/patently-strategic-podcast.html:
This article summarises recent Scottish and English case law discussed in a presentation given by Robert Sutherland on 3 February 2015 at Sniffer's 10th Annual Flood Risk Management Conference. The presentation looked at issues connected to flood management in the context of planning law, reservoir repairs, damages claims arising from flooding incidents, and applications to the courts for Protective Expenses Orders. The presentation also considered the application of Freedom of Information legislation to public authorities concerned with flooding issues by looking at references to the Scottish Information Commissioner over the past ten years.
This document discusses ownerless land and common good land in Scotland. It defines ownerless land as property without a known owner, such as from a dissolved company or where no heir can be found. Common good land is land owned by a local authority for public benefit. The document outlines the legal framework around disposing of both types of land and challenges in modernizing protections for common good land, including developing an exhaustive register, addressing local authority conflicts of interest, and balancing policy goals.
More Related Content
Similar to Preparing and Presenting a Judicial Review
This interactive session looked at developments in adjudication enforcement decisions, including a panel discussion / debate on:
- Adjudication generally
- The implications of the Human Rights Act
6a. david browne aarhus convention seminar (14 july 2018)ELIGConference
This document summarizes a seminar on standing requirements in environmental law following the Supreme Court's decision in Grace & Sweetman. It discusses how standing has been interpreted under Irish law, EU law, and the Aarhus Convention. Key points include: the Supreme Court found failure to participate is not an automatic bar to standing but may be a factor; a sufficient proximity and impact test applies; and proposed legislation may change standing rules but must still comply with principles of wide access to justice and effective judicial protection under EU law.
July’s practice group lunch included an overview of recent news from the U.S. Patent and Trademark Office (USPTO) and decisions from the Trademark Trial and Appeal Board (TTAB). The USPTO continues to revise its manuals for trademark practice (TMEP and TBMP) on a rolling basis, and has issued new rules and guidance on certain specific types of trademarks, such as collective marks and repeating patterns. The TTAB has decided that it will presume that, between a manufacture and an exclusive distributor, the manufacture owns the mark, subject to rebuttal (UVeritech v. Amax Lighting). Another TTAB case addresses the interaction between the courts and the USPTO, where the TTAB refused to vacate a decision even though the parties later settled the case while on appeal (University of Alabama v. Pitts).
This document summarizes key aspects of environmental rights in Scotland under the Aarhus Convention, including rights to environmental information, public participation, and access to justice. It notes that while international law is not directly binding, the EU has implemented parts of Aarhus. The main problem is access to environmental justice due to costs. Protective expenses orders and legal aid issues pose challenges. Time limits for judicial review may also hinder groups. Solutions could include increased funding and resources for all involved.
Emily Heard is an experienced commercial dispute resolution lawyer specializing in complex public procurement litigation and judicial reviews. She has represented both public and private sector clients in significant cases involving procurement challenges, statutory claims, and fraud investigations. Client testimonials praise her practical and responsive approach to effectively representing their interests. Her experience includes successfully defending numerous procurement processes and securing favorable outcomes for clients in high-profile cases.
Sanatana Resources Inc. presented an investor presentation on their Watershed property which surrounds IAMGOLD's Côté Gold project. Sanatana has explored the property extensively through drilling and geophysics, intercepting gold mineralization along strike from Côté. IAMGOLD has applied for easements over Sanatana claims, likely to incorporate the mineralization into an expanded mine plan, but Sanatana is defending its property rights. Sanatana sees value in potentially being acquired by IAMGOLD to consolidate the deposits and optimize the project.
ICSA’s Not-for-Profit Policy Updates are your chance to hear from our experts on what’s coming up on the legal and regulatory horizon within the charity sector. Running twice a year, and covering a range of different topics each time, these 60 minute sessions offer a stimulating and concise way to plan for what’s ahead, exchange ideas on best practice and network with peers and colleagues.
Open Policy Making Conference Red Tape Challenge SlidesPolicy Lab
The Red Tape Challenge aimed to reduce regulation on businesses by examining the existing UK regulation stock and soliciting public input to identify reforms. Over 5,600 regulations were reviewed, with 3,100 scrapped or improved, estimated to save businesses over £800 million per year. External challenges and evidence helped drive changes counter to departments' preferences. While largely successful, challenges included the volume of regulations, ensuring reforms were fully implemented, and demonstrating successes against ongoing new regulations. Lessons included targeting future reviews and improving feedback for public input.
Fast-track arbitration is a procedure that compresses a full arbitration into a finite time period, similar to fast-tracking a construction project. It requires cooperation between the parties, counsel, and arbitrator. Complex construction cases can be arbitrated in 100 days with established rules in the UK and US. For fast-track arbitration to work, the parties must be equally committed and able to dedicate resources over a compressed 4-6 month period. Experienced lawyers must make strategic decisions quickly and the arbitrator must balance efficiency with fairness.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
This document discusses challenges to statutory adjudication in the construction industry and proposes measures to diminish judicial intervention. It finds that as payment claims increase in size, so too does the proportion of determinations challenged through judicial review. Larger claims are more likely to involve complex issues that parties seek to dispute in court. However, extensive litigation undermines the objective of facilitating cash flow. The document examines current approaches used by courts to limit review and proposes that courts adopt a broad view of jurisdictional facts, and allow adjudicators to correct defects upon remittal rather than quashing entire determinations. It argues these pragmatic measures can better balance parties' rights with the legislation's purpose of resolving disputes quickly and inexpensively.
A Guide to Effective Arbitration Advocacy from Three Florida ArbitratorsUWWM
Approved 1.5 Hrs. FL Bar CLE Credit/1.0 Civil Trial Certification/Course #1303318N until 11/22/2014
Presented by: Richard Lord, A. Michelle Jernigan and George A. Sprinkel IV
June 17, 2013
Offers of compromise and “calderbank” offers in civil litigation andrew downieAndrew Downie
This document discusses offers of compromise and "Calderbank" offers in civil litigation. It provides an overview of the purpose and history of settlement offers, the key points of offers of compromise under state and federal court rules, differences between court levels, and differences between offers of compromise and "Calderbank" offers. Recent case examples are also summarized.
The document discusses the UK government's efforts to reduce regulatory burdens on businesses through programs like the Red Tape Challenge and One-In, Two-Out policy. The Red Tape Challenge identified existing regulations and solicited public feedback to eliminate unnecessary or outdated rules. Regulations were grouped into themes and challenges through a multi-step review process involving government agencies and external stakeholders. Successful reforms delivered included increased flexibility for company auditing and clearer contaminated land guidance. Lessons learned included the challenge of reviewing an entire statute book and ensuring changes are communicated and implemented.
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
Lynne and Jen take you through some recent developments in case law affecting commercial contracts and procurement, dealing with:
• whether a written contract can in fact still be varied orally
• whether information held by a local authority should be subject to disclosure under a FOIA request
• the new test for penalty clauses
• the first case considering a challenge involving the NHS Procurement Regulations
• the first case resulting in the issue of an ineffectiveness order against a public contract in the UK.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
The Patents County Court Small Claims TrackJane Lambert
On 1 Oct 2012 CPR Part 63 was amended to create a new small claims track for the Patents County Court. This presentation explains why these rule changes are important and show how they may be operated.
This newsletter summarizes upcoming adjudication and arbitration conferences in Edinburgh, London, and Cape Town. It also provides details on enforcing an adjudicator's decision in Northern Ireland. The key enforcement steps include issuing a writ of summons in the Queen's Bench Division of the High Court of Justice in Northern Ireland and applying for summary judgment. Recent Northern Irish court decisions generally support the enforcement of adjudicator's decisions in line with promoting cash flow in the construction industry.
In this month's episode, we’re talking about the use of government grants and the strings that can come attached to your IP! We’re exploring the various types of small business research grants, how the Bayh-Dole Act regulates inventions generated under government grants, licensing and ownership implications for your patent when using federal dollars, and the sticky webs that you may find yourself in if you are not carefully tracking IP and adhering to the numerous provisions and timelines.
Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads the discussion along with our all-star patent panel, exploring:
⦿ How the Bye-Dole Act of 1980 regulates inventions under government grants
⦿ As a small business, what types of grants are available to you and whether or not they can cover IP-related costs
⦿ The rights of the federal government to your Invention when you use grant money
⦿ Implications for using subcontractors to perform the work under the grant
⦿ And of course, some of the biggest gotcha’s and practical tips for avoiding them
Ashley is also joined today by our always exceptional group of IP experts including:
⦿ Kristen Hansen, Patent Strategy Specialist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Ty Davis, Patent Strategy Associate at Aurora
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the introduction of a very important piece of patent reform legislation called the PREVAIL Act.
** Follow Aurora Patents **
⦿ Home: https://www.aurorapatents.com/
⦿ Twitter: https://twitter.com/AuroraPatents
⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/
⦿ Facebook: https://www.facebook.com/aurorapatents/
⦿ Instagram: https://www.instagram.com/aurorapatents/
⦿ TikTok: https://www.tiktok.com/@aurorapatents
⦿ YouTube: https://www.youtube.com/@aurorapatents/
⦿ Listen https://www.aurorapatents.com/patently-strategic-podcast.html:
Similar to Preparing and Presenting a Judicial Review (20)
This article summarises recent Scottish and English case law discussed in a presentation given by Robert Sutherland on 3 February 2015 at Sniffer's 10th Annual Flood Risk Management Conference. The presentation looked at issues connected to flood management in the context of planning law, reservoir repairs, damages claims arising from flooding incidents, and applications to the courts for Protective Expenses Orders. The presentation also considered the application of Freedom of Information legislation to public authorities concerned with flooding issues by looking at references to the Scottish Information Commissioner over the past ten years.
This document discusses ownerless land and common good land in Scotland. It defines ownerless land as property without a known owner, such as from a dissolved company or where no heir can be found. Common good land is land owned by a local authority for public benefit. The document outlines the legal framework around disposing of both types of land and challenges in modernizing protections for common good land, including developing an exhaustive register, addressing local authority conflicts of interest, and balancing policy goals.
Ownerless land and common good land robert sutherlandRobert Sutherland
This document discusses ownerless land and common good land in Scotland. It defines ownerless land as property without a known owner, such as from dissolved companies or where no heir can be found. Common good land is land owned by a local authority for public benefit, which can be alienated or disposed of with court approval. The challenges around modernizing protections for common good land are identified as developing clear definitions, exhaustive registers, addressing local authority conflicts of interest, ensuring policy coherence, and balancing short and long-term interests.
Tesco v Dundee - implications for planning policies and development plansRobert Sutherland
A look at the decision of the UK Supreme Court in Tesco v Dundee City Council about the interpretation of planning policy, some of the significant cases since then which have considered how the Supreme Court's decision should be applied, and the implications for planning and other policies and for the interpretation of development plans
The Scottish Legal Action Group (SCOLAG) is a registered charity formed in 1975 to promote legal services and law reform to benefit disadvantaged members of society. It aims to educate the public about Scots law, improve and advance Scots law, and promote equal access to justice. The summary lists six reasons to join SCOLAG: it has significantly contributed to law reform and access to justice for over 40 years; it covers a broad range of legal topics; it publishes a highly praised monthly journal; it is supported by prominent legal scholars; it responds to government consultations; and its work advocating for disadvantaged groups facing changes to laws impacting justice, such as welfare and employment, remains important.
Case Law Survey, Environmental Issues In the Planning RegimeRobert Sutherland
Survey of European, English and Scottish cases concerning environmental issues in the planning system - looking at recent cases concerning environmental information, the right of state authorities to screen plans or projects before carrying out a Strategic Environmental Assessment or Environmental Impact Assessment, obligations to consult, the relationship between applications for energy projects under the Electricity Act 1989 and the development plan, and protected costs orders (protected expenses orders in Scotland).
A presentation on legislation in Scotland regulating invasive non-native (plant and animal) species. The presentation examines the causes and nature of the problem, lists examples of INNS, discusses the Wildlife and Countryside Act 1981 and the changes made under the Wildlife and Natural Environment (Scotland) Act 2011.
Access rights lessons from the case law inverness - 2009-11_04Robert Sutherland
This document summarizes key cases related to access rights under the Land Reform (Scotland) Act 2009. It discusses how the courts have found that (1) responsible land users can manage competing recreational uses by preferring some over others; (2) landowners can take preventative measures if there is reasonable belief that a use would cause damage; and (3) landowners' motivations and measures restricting access must be reasonable while still allowing responsible access. The document also notes some outstanding issues like the full scope of privacy rights and the interaction between access rights and occupiers' duties of care.
This document discusses several recent cases related to agricultural law in Scotland. It summarizes rulings on rent reviews, limited partnerships, lease interpretations, changes to leases, irritancy, land court procedures, the single farm payment, cloning, and proposed amendments to agricultural holding acts regarding short limited duration tenancies, fixed equipment, and procedures for nullifying partnership loan agreements. The document provides updates on legal developments and issues impacting Scottish agriculture.
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
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The global retail industry has weathered numerous storms, with the financial crisis of 2008 serving as a poignant reminder of the sector's resilience and adaptability. However, as we navigate the complex landscape of 2024, retailers face a unique set of challenges that demand innovative strategies and a fundamental shift in mindset. This white paper contrasts the impact of the 2008 recession on the retail sector with the current headwinds retailers are grappling with, while offering a comprehensive roadmap for success in this new paradigm.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
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3. Petitioner
The appropriate procedure?
right of appeal?
restrictions on
grounds for
appealing?
restrictions on
who can
appeal?
necessary?
other
proceedings
where same
issue
relevant?
7. Petitioner
• Rules of the Court of Session,
Chapter 58A
Protective
Expenses Orders
• R (Corner House Research) v
The Secretary of State for Trade
and Industry, [2005] 1 WLR
2600
• Newton Mearns Residents
Flood Prevention Group for
Cheviot Drive v East
Renfrewshire Council, [2013]
CSIH 70
9. The Petition
Form
Structure
Style
• RCS, Form 58.6
• parties
• concise
• productions?
• subject matter
• clear
• other relevant
documents
• grounds for review
• consistent
• remedies
• pleas-in-law
• Schedules and
notice period
10. The Petition
Issues to be anticipated
delay
• Human Rights Act
1998, Section 7(5)
• mora, taciturnity and
acquiescence
• Portobello Park
Action Group v City
of Edinburgh
Council, 2012 SLT
1137
PN No. 1 of 2012
immigration and
asylum - prior
notification
caveats
interim orders
balance of
convenience
transfer to Upper
Tribunal?
13. First Hearing
Introductions
Identify bare
background and
main issues
Outline structure
of submission
The legal
framework
The factual
background
Where the
Respondent has
gone wrong
Pleas-in-law and
orders sought