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If you do not win your case, there is usually a right to apply for the decision of the court to be reviewed by an appeal court and possibly be quashed. Such a right, however, is not automatic. There must be proper grounds for making an appeal.
Having been annihilated in the High Court on every single one of the seven points, they are out with the begging bowl again, like a tramp in a cave, desperate for any crumbs. CF looked actually broken in the court hearing,
NB Conclusion from Judge Humphreys : ('For the reasons set out, none of the grounds are made out and the application
for judicial review is dismissed') but I guess CF was secretly hoping, these muppets will no doubt appeal the High Court decision and I can bleed them for another £20K !!
There is no automatic right to appeal to the High Court. The Court receives over 400 applications a year and so cannot hear them all. The first step is seeking "special leave" where the Court (usually 2 or 3 judges) decides whether they will hear the case. The test in section 35A of the Judiciary Act 1903 (Cth) involves three questions:
1. whether the case presents a question of law that is of public importance (because of its general application or otherwise);
2. whether the Court needs to resolve a difference of opinion between different courts, or within a single court, as to the state of the law; or
3. whether the interests of the administration of justice require the Court to hear the case.
The success rate against DAERA is over past 10 years
We have 3 fantastic RNS 's in a short space of time. The trajectory of this company is upwards and relatively fast. The various news will filter through and as BUPA start using and then contracts with other huge private insurers kick in in the USA, the gravity of these events will drive the profits.
Having worked in GLP labs for many years, the lab accreditation is p**s easy and will be on time. I have heard some folks on here talking utter bull about numbers of tests that can be undertaken. If needed 100's of millions of tests could be done weekly. We would just sub contract as per normal CRO practices. The testing will NOT be an issue.
We are at the foetal stage of a blockbuster company. Enjoy.
K : I feel sorry for the funders having to pay, and keep losing their hard earned cash to the barristers, who will appeal 'a rain drop' race 🤦♂️😂👀, hey ho.
This is a significant highlight of the case review :
'This case also demonstrates a limitation for applicants using judicial review as a method of attack. Judicial reviews have short deadlines, and whilst claimants may have sufficient information to know that they wish to bring a challenge against a decision-maker, they may struggle to articulate their case clearly and with specificity when filing. For example, it can be difficult to identify grounds before receiving disclosure which identifies the decision-makers’ conduct with sufficient precision. Courts have nonetheless repeatedly criticised parties when a case develops throughout its pleadings. This lack of procedural rigour can be fatal to an applicant’s case and their ability to persuade the Court.'
Lost cause for the NGO's, H&W foundations are now very strong.
1. Ground 1 of appeal
The Ministerial Code requires that matters that are ‘cross-cutting’, ‘significant’ or ‘controversial’ must be referred to the Executive Committee. Additionally, the Northern Ireland Act requires ministers to act in accordance with the Ministerial Code.
We argue that this gas caverns project is ‘cross-cutting’, ‘significant’ and ‘controversial’ and therefore was required to be referred to the Executive committee. Consequently, we believe that the failure by the Minister for DAERA to refer this project to the Executive committee and instead approve the project himself was unlawful.
Ground 2 of appeal
The provision of a community fund has been referred to as a mitigation measure in the EIA determination under the heading ‘social and economic’, but it is entirely unclear what negative social or economic impact this fund is designed to mitigate.
Https://twitter.com/Conor__Fegan/status/1714582207237431327
Barristers will always take the money !!!!! Business is business in the legal world.
Lots of areas of focus for OBD 😉
https://www.linkedin.com/feed/update/urn:li:activity:7120099399602491395/
Today, our CEO, and Chair met with the Chancellor to push for better diagnostics and screening for prostate cancer. Supported, we plan to stop needless prostate cancer deaths.
I am hopeful that the LOI will be converted to sign contract and RNS'd in the next week or so, as I think he said 2 to 3 months for official sign off and that was almost 3 months ago.
Harland & Wolff Group Holdings plc (AIM: HARL), the UK quoted company focused on strategic infrastructure projects and physical asset lifecycle management, is pleased to announce that it has been issued a Notice to Proceed ("NTP" or "LoI") for the mid-life upgrade and dry docking of a large vessel. Harland & Wolff was chosen by the client for its ability to execute on a complex mid-life upgrade utilising the Company's market leading drydock in Belfast, the largest in the UK.
Subject to formal execution of the contract, the vessel is expected to be in the dry dock for a period of five months through early 2024 and the contract value is expected to be in the region of £60 million - £70 million, dependent on the extent of final works undertaken. As part of the overall project delivery, a sum of £5 million will be made available to the Company immediately to commence various workstreams in 2023 prior to the arrival of the vessel. Apart from the initial sum, this LoI is non-binding and will be subject to execution of a formal contract that is expected within 2-3 months.
A further announcement will be made on execution of the final contract.
Tim Woodman, Medical Director at Bupa UK Insurance, said: "We're very pleased to launch our partnership with Oxford BioDynamics which will give our customers a leap in confidence when navigating complex decisions about their therapy.
"This agreement reflects our commitment to leverage advanced precision medicine testing to transform cancer care and provide doctors with the tools they need to make informed decisions. Together with Oxford BioDynamics, we aim to make a positive impact on the lives of all our customers living with cancer."
Dr Jon Burrows, Chief Executive Officer of Oxford BioDynamics, said: "Joining forces with a pioneering healthcare organization like Bupa will enhance access to the EpiSwitch CiRT test across the UK. Gaining reimbursement from the UK's leading health insurer is another milestone for the Company, as well as for Bupa customers and their doctors.
"Current testing modalities lack the sensitivity, specificity and accuracy to identify those most likely to benefit from this class of therapy - the CiRT blood test is a first-of-its-kind test that addresses all of these shortcomings."