LYC lynas rare earths limited

its ok to stay positive, page-34

  1. 5,655 Posts.
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    timmo, fully agree - the question is how long it will take... This (although UK) also gives further comfort - hmmm solace? Seems even if SMSL were to win the JR all that would happen is that the AELB would need to make the desicion again - taking into consideration whatever failure to follow their own process took place.

    If their argument is resting on the DEIA topic then they WILL loose because a DEIA requirement was introduced for new projects after Lynas passed that gate. Then again with no insight into the court case I have no idea what is being argued by either case. However I have trouble to see how the Lynas legal team and/or AELB can loose this (except potentially through legal incompetence and stupidity). :D

    Last post for today I promise.

    **

    "Judicial review is a form of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. It is a challenge to the way in which a decision has been made. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the law has been correctly applied and the right procedures have been followed. The court will not substitute what it thinks is the 'correct' decision. This may mean that the public body will be able
    to make the same decision again, so long as it does so in a lawful way. If you want to argue that the decision was incorrect, judicial review may not be best for you. You should look at the alternative remedies (see 4 below)."

    http://www.publiclawproject.org.uk/downloads/GuideToJRProc.pdf
 
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