3.4.6 Review of discretion – stay of proceedings

In J 1/16, the applicant had appealed against the Legal Division's decision not to resume stayed grant proceedings until further notice. The Legal Board stated in its catchword: where, when deciding not to resume proceedings, the Legal Division has properly identified and exhausted its scope for discretion and weighed up the situation in the light of all the relevant factors, without being influenced by anything irrelevant and without making any logical mistakes in its assessment of the facts, it is not open to the Legal Board to exercise its own discretion in the Legal Division's place.