Example sentences of "by [noun sg] of proceedings [prep] " in BNC.
Next page| No | Sentence |
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| 1 | Held , allowing the appeal , that section 69(1) of the Housing Act 1985 imposed a duty on housing authorities to exercise their discretion in deciding what constituted suitable accommodation for persons whom they had a duty to house under section 65(2) of the Act ; that any decision on suitability necessarily depended on the circumstances prevailing at the time and called for a subjective judgment by a housing authority to be made before the performance of the executive act of securing suitable accommodation for an applicant ; and that the duty imposed by section 69(1) was to be exercised by housing authorities subject only to challenge by way of proceedings for judicial review in the High Court , and not on their merits by an action in the county court ( post , pp. 213E–H , 214B–C , 218A–C ) . |
| 2 | On 17 December 1991 the assistant recorder on a preliminary issue held that the question of suitability of accommodation for the purpose of sections 65 and 69 fell to be determined in the county court by way of proceedings for breach of statutory duty so that the judge could substitute his discretion for that of the local housing authority . |
| 3 | for him to determine as a preliminary issue whether the county court had jurisdiction to deal with the matter , or whether , as the council claim , the question whether they had discharged their statutory duty under section 69 could only be raised by way of proceedings for judicial review in the High Court . |
| 4 | He concluded — on broadly similar grounds to those which I have set out in this judgment — that the jurisdiction of the court was purely supervisory , or , in other words , that the decision of the local authority on the suitability of the accommodation provided could only be challenged by way of proceedings for judicial review . |
| 5 | At the hearing in the county court the preliminary issue was raised whether issues as to the proper discharge of the duty imposed on the council by section 69 of the Act of 1985 could only be challenged by way of proceedings in the High Court for judicial review . |