Sentences with phrase «appeal decision concerns»

This Court of Appeal decision concerns a dispute over the performance of a contract.

The ECtHR reached this conclusion when it considered the Bournewood case (supra, at para 90) and, from a domestic perspective, it has been enunciated most recently in the Court of Appeal decision concerning the Oxford Circus demonstrators (see Austin v Metropolitan Police Commissioner [2007] EWCA Civ 989, [2007] All ER (D) 197 (Oct)-RRB-.

A statement regarding the right of the family to appeal decisions concerning adoption assistance and the procedure for doing so.

Not exact matches

Starbucks shares the concerns expressed by the Netherlands government that there are significant errors in the decision, and we support the Dutch government's appeal efforts.

In a statement, the University of Sheffield said: «The individual concerned is currently appealing the decision of a Fitness to Practise Committee, relating to professional registration and the standards of the relevant professional body.

I conclude that Craig and the process theist are at an impasse so that if a decision is to be made concerning the cognitive superiority of either the kalam or process theistic models, this must be made by appeal to issues in philosophical theology other than the question of the extension of the past.

A financial boost will surely help him make that decision too, but the appeal of playing for a European giant like Real Madrid will surely raise concerns.

«In order to encourage more people to get on their bikes, it is crucial that politicians and decision makers take on board safety concerns, and ensure that our roads are appealing, safe shared spaces which can be used conveniently by all road users, regardless of their chosen method of transport.»

I will refer in particular to three criticisms highlighted in the report: the slowness to remove foreign national prisoners from the UK, the concern with the high rate of appeals brought against UKBA's decisions which are decided against the Agency, and the large number of unresolved immigration cases still awaiting decision.

A similar decision earlier this month by a federal judge concerning nuclear subsidies in Illinois was appealed by the non-nuclear generating companies that filed the lawsuit.

The Director and his staff are passionate, caring, and concerned representatives and, as such are able to present claims for further development, institute appeals from Veterans Administration decisions, and follow through to final disposition with representation in Washington.

Moreover, states wishing to implement bans are not required to scientifically justify their decisions and can appeal to more arbitrary concerns such as fears of GMOs contaminating other non-GM produce and likely public backlashes over use and cultivation.

Realizing that science may not be the driving factor in decision - making, and recognizing the other issues people are concerned about can also help scientists frame information to better appeal to a particular audience.

However, the common belief now is that Paramount «dumped» Cloverfield Paradox on Netflix over concerns about the film's quality, whereas its deal with Netflix for Annihilation was more of a pure business decision motivated by concerns that Garland's movie is «too cerebral» to achieve crossover appeal.

The school director will first investigate the matter to ensure that Steps 1 and 2 have been appropriately documented and completed, then record the complaint and / or appeal and will address any concerns regarding appeal of a disciplinary decision, or any action or inaction taken by the school administration, within three school days of the appeal and within five days from the time the complaint is introduced.

Youth Appeal Decision in Landmark Federal Constitutional Litigation Concerning Climate Change

For cynics it could also be a purely political decision driven by an Administration more concerned with votes, appealing to base support and political ambition than anything else.

A precedent - setting decision at the Ontario Court of Appeal this week strikes at the heart of client concerns over the abuse of billable hours, and provides a legal framework by which clients might be able to reject law firm fees considered excessive or unreasonable.

This concern motivated the Ontario Court of Appeal in Eliopoulos Estate (discussed above) to hold that «impos [ing] a private law duty... would create an unreasonable and undesirable burden... that would interfere with sound decision - making in the realm of public health.»

After Schlosser's decision, lawyers voiced concerns that the order would have a chilling effect on potential sources coming forward to the media if it was not overturned on appeal.

CCLA is concerned that a recent B.C. Court of Appeal decision may set a precedent that could negatively affect the free and open nature of the Internet.

Court of Appeal Decision The Court of Appeal, in a judgment written by Mr. Justice Tang, the Vice President, with Madam Justice Kwan and Mr. Justice Fok concurring, indicated that its approach is to concern itself with the «structural integrity of the arbitration proceedings».

Paul Cahill succeeds in reviewing a decision of the Complaints Committee of College of Physicians and Surgeons of Ontario at the Health Professionals Appeal and Review Board concerning a family physician's failure to diagnose colorectal cancer.

This was an appeal against a decision of Bean J to reject a judicial review of the Parking Adjudicator's decision in a test case concerning the effect of alleged defects in traffic signs and road markings on the liability to pay the penalty charge (a parking ticket).

There has been significant discussion in recent weeks concerning the recent Alberta Court of Appeal decision on random workplace drug testing.

The Ontario Court of Appeal's recent decision in Strudwick v. Applied Consumer & Clinical Evaluations Inc. («Strudwick») provides a useful clarification to all litigants, but especially those concerned with employment law matters, on the nature of various heads of damages and the general rule that «You don't get what you don't ask for.»

18 Nevertheless, because most of the appeal decisions on the standard in summary judgment have involved concerns of a lack of procedural fairness rather than a lack of efficiency, this asymmetry could have a conservative influence on the overall approach recommended by the Court of Aappeal decisions on the standard in summary judgment have involved concerns of a lack of procedural fairness rather than a lack of efficiency, this asymmetry could have a conservative influence on the overall approach recommended by the Court of AppealAppeal.

The appeal concerned two social welfare cases for which the Minister of Employment and Social Solidarity had applied for a review of decisions rendered by the Administrative Tribunal of Québec, and presented motions for review that had been prepared, drawn up, signed and filed by someone who was not a member of the bar.

A simple search of published court decisions shows that Wikipedia is frequently cited by judges around the country, involving serious issues and the bizarre — such as a 2005 tax case before the Tennessee Court of Appeals concerning the definition of «beverage» that involved hundreds of thousands of dollars, and, just this week, a case in Federal District Court in Florida that involved the term «booty music» as played during a wet T - shirt contest.

This departure was illustrated by the Court of Appeal's decision in McCoubrey v Ministry of Defence [2007] EWCA Civ 17, [2007] All ER (D) 185 (Jan), a case concerning a soldier who suffered an injury resulting in hearing loss.

For those seeking additional information on Twitter concerning Canadian law, Fodden has also created a number of Twitter feeds to allow ready access to Supreme Court of Canada decisions and court of appeal decisions for many Canadian provinces.

The Supreme Court of Canada will hear four appeals this week, including an aboriginal law case concerning the duty of consult, two criminal cases and the B.C. Crown's appeal of a decision ordering it to turn over data to a major tobacco company in response to the province's bid to recover health - care costs.

This comment looks at a recent decision of the Saskatchewan Court of Appeal concerning the judicial review of a mineral royalty decision made by Saskatchewan's Minister of Energy and Resources.

The February 11, 2013, issue of Massachusetts Lawyers Weekly features Shannon Lynch in an article about a recent decision from the Massachusetts Appeals Court concerning the firing of an employee who alleged that a manager engaged in sexist behavior.

He had an integral role in the first case heard by the Quebec Court of Appeal since the Supreme Court of Canada's decision in Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada concerning the extent of the exclusion regarding work performed by the insured.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

The Court of Appeal found that the decision of the patient may be based upon many factors, which included the patient herself and that it was for the patient to decide the risks they wished to take concerning their body — including the risks posed to a foetus.

The appeal to the Supreme Court of Canada will be heard together with an appeal from Ontario, also concerning a decision to deny accreditation to the proposed law school by the Law Society of Ontario (LSO)(formerly the Law Society of Upper Canada).

Petroleum Company of Trinidad and Tobago Limited (Appellant) v Ryan and another (Respondents)(Trinidad and Tobago)[2017] UKPC 30 Junior counsel representing the company on appeal to the Privy Council to set aside the Court of Appeal's decision to reverse the trial judge's dismissal of a claim concerning the escape of hydrocarbon fumes from an oil well causing medical complappeal to the Privy Council to set aside the Court of Appeal's decision to reverse the trial judge's dismissal of a claim concerning the escape of hydrocarbon fumes from an oil well causing medical complAppeal's decision to reverse the trial judge's dismissal of a claim concerning the escape of hydrocarbon fumes from an oil well causing medical complaints.

Judge Coulson's decision in the Technology and Construction Court published last week, his last before moving to the Court of Appeal, concerns the infamous «smash and grab» adjudications.

As mentioned above, the case concerned an appeal by the employer, Select Wine Merchants, from the decision of Small Claims Court Deputy Judge Richardson, who awarded the respondent employee four months» pay in lieu of notice.

This personal injury decision concerned an appeal from a Master dismissing ICBC's court application for a copy of the claimant's Medical Service Plan Claim.

First published by De Voil Indirect Tax Intelligence, Issue 133, June 2007 Lime Avenue Sales and Services Ltd and Benenden School Trust v Revenue and Customs Commissioners (2007) VAT Decision 20140 was a Tribunal appeal concerning alleged abusive practices in the education sector.

The surprise decision upholds a unanimous decision last month by five Quebec Court of Appeal judges, in which the court overturned a Quebec Superior Court ruling that had endorsed the BCE takeover and dismissed the objections of Bell bondholders concerned the deal would harm the value of their investment.

A recent US Court of Appeals decision has caused some concern in banking circles.

Such a stretch of the decision in 1997 of Malik and Mahmud v Bank of Credit and Commerce International SA (in compulsory liquidation [1997] 3 All ER 1 (concerning a duty not to run a corrupt and dishonest business so as to damage the employees» future employment prospects) was denied in Johnson v Unisys Ltd [2001] UKHL 13 by the Court of Appeal and then the House of Lords, which considered it unnecessary to develop the common law to overlap this remedy.

One would think that the defendant's lawyers would be excited about the decision (though apparently they did not argue the appeal)-- but instead, Gordon's partner Henslee expressed concerns over the court's ruling.

However, as far as Mrs Walkden's case for mistake is concerned, the Court of Appeal followed the more recent decision in Judge v Judge [2008] EWCA Civ 1458, [2009] 1 FLR 1287 in which Wilson LJ ruled that mistake no longer falls within the Barder principle as it does not rely on new or supervening events.

One of the main reasons given by Lord Clarke for not always enforcing the black letter terms of written employment contracts was taken from the decision of Elias J in the Employment Appeal Tribunal in Consistent Group: «The concern to which tribunals must be alive is that armies of lawyers will simply place substitution clauses, or clauses denying any obligation to accept or provide work in employment contracts, as a matter of form, even where such terms do not begin to reflect the real relationship.»

In that context, it should be observed that the reasoning of the decision of a Board of Appeal may be implicit, on condition that it enables the persons concerned to know the reasons for the Board of Appeal's decision and provides the competent Court with sufficient material for it to exercise its power of review (Case T ‑ 304 / 06 Reber v OHIM — Chocoladefabriken Lindt & Sprüngli (Mozart)[2008] ECR II ‑ 1927, paragraph 55).