Sentences with phrase «appeal decision which»

This appeal considered whether an agreement in writing which contains an anti-oral variation clause can be varied other than in accordance with the terms of that clause, and whether the Court of Appeal was wrong to follow a previous Court of Appeal decision in which a relevant contrary authority had not been cited, or a later Court of Appeal decision which considered both earlier decisions and rejected that contrary authority but did so obiter.

This is a Court of Appeal decision which considered Pt 7 and s 340 of POCA 2002.

Whether the Court of Appeal was wrong to follow a previous Court of Appeal decision in which a relevant contrary authority had not been cited, or a later Court of Appeal decision which considered both earlier decisions and rejected that contrary authority but did so obiter.

Based on a B.C. Court of Appeal decision which had described provincial environmental assessments as «proponent driven», the province argued that it was right to accept the proponent's production capacity estimate for Komie North Mine and was not required to look behind the numbers to determine if they were reasonable.

However, that case — predating Clements is an Ontario Court of Appeal decision which also seems to be based on the premise that Resurfice material contribution was Athey material contribution — that is, material contribution to injury.

The Supreme Court allowed the appeal by a majority of three to two, reversing the High Court and Court of Appeal decisions which had set aside arbitral orders in the appellant's favour.

Not exact matches

The decision came down today from the Divisional Court which heard Ford's appeal of his November conviction.

Qualcomm, which stressed that the decision had no effect on its ongoing operations, said it would appeal.

Aéropostale said it has no intention of appealing the delisting decision, which does not affect its stock price — excluding its effect on investor sentiment.

The decision, which Gilead will appeal, could force the company to pay Merck and its partner Ionis Pharmaceuticals billions in royalties for U.S. sales of Gilead's hep C mega-blockbusters Sovaldi and Harvoni.

The 2nd U.S. Circuit Court of Appeals said its ruling stemmed from a 2008 decision in which it held that Cablevision Systems Corp. could offer a remote digital video recording service without paying additional licensing fees to broadcasters because each playback transmission was made to a single subscriber using a single unique copy produced by that subscriber.

The shopping decision, which Google may still appeal, is only one part of the company's antitrust trouble.

The decision by the state's Court of Appeals is the latest victory for the New York attorney general's office, which has been pursuing the case for 11 years.

If Judge Campbell forces the company to pay $ 50 million (or a similarly high amount) up front, then the company plans to take its case to the Second District Court of Appeals, which has already reversed some of Campbell's decisions.

Larkin filed an appeal of the decision, which has been suspended until the licensing of the Rehabilitation Center at Hollywood Hills is resolved.

In doing so counsel relied on the recent decision of the Supreme Court of Canada in Windsor (City) v Canadian Transit Co 2016 SCC 54 (Windsor) which, serendipitously, was released the morning of the hearing of the appeal.

While Uber appeals the decision, which Khan said could take years, it can continue to operate in London.

Nicola Sturgeon was speaking at First Ministers Questions after judges found in favour of NHS Greater Glasgow and Clyde which was appealing against a decision of the Court of Session in Edinburgh last year in the case of Mary Doogan and Connie Wood.

In Rosenberger v. the Rector and Visitors of the University of Virginia it reviewed a decision of the U.S. Court of Appeals for the Fourth Circuit which had held that though the University (a state entity) could fund....

This became painfully clear in 1996 when the Supreme Court refused to hear an appeal of the Alaska Supreme Court's Swanner decision, which held that the state's interest in preventing discrimination against unmarried heterosexual couples is sufficiently great that it trumps the objections of landlords who believe they are forbidden by God to permit «fornication» on their property.

The delegates are appealed to as individuals, yet we know they must act under compulsions and orders which are determined by all kinds of political stakes and decisions at home.

30: 19 - 20).3 The preaching of John the Baptist, and, even more, that of Jesus, is an appeal which incites a decision, and this decision can be transcribed into the alternative: either / or.

Today, the United States Supreme Court is hearing oral arguments in the state of California's appeal of a Ninth Circuit decision declaring unconstitutional a statute enacted in that state which restricted minors» access to graphically violent video games....

Because the crisis of decision in the present moment gives man his essential character, he can not console or justify himself by viewing his sin as a weakness which forms no part of his true nature, or as a mistake which is an exception to be outweighed by appealing to his normal self.

It is a very real question whether the later decision to use the forms of Greek logical discourse did not of itself radically affect the nature of the message, the type of audience to which it would appeal, and eventually the constituency of the Church.

According to CSW, the Administrative Court recently decided to dismiss the case, but the judge had not delivered his written decision, which prevented the churches» lawyers from appealing the decision.

Whiston appealed all the way to the Court of Appeal which, at last, overturned the decision and greatly reduced the sum to be paid to her but the costs were as heavy as the original sum and so outweighed any benefit to Mr. Whiston.

This framework identifies which key internal and external stakeholders provide inputs, approve, perform, and decide on decisions regarding standards, policies, rules, the assurance system, appeals and other decisions.

The Australian Competition and Consumer Commission (ACCC) said it will not appeal the Federal Court decision which dismissed its claim that Woolworths had engaged in unconscionable conduct through its «Mind the Gap» scheme.

The ACCC has appealed the Federal Court's decision in December last year in which it dismissed the ACCC's claims that PZ Cussons had engaged in cartel conduct in relation to laundry detergents.

The ACCC today filed a Notice of Appeal from the Federal Court's decision dismissing the ACCC's proceedings against the Australian Egg Corporation Ltd and others, which commenced in May 2014.

The ACCC has announced it will not appeal the Federal Court's decision in the Woolworths case, in which it had alleged Woolworths engaged in unconscionable conduct in relation to its «mind the gap» scheme.

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

On Wednesday, the NFL Player's Association, which filed the appeal on Brady's behalf, called the league's disciplinary protocol a «broken system» and expressed disappointment in the court's decision.

Louisville must vacate men's basketball records in which student - athletes competed while ineligible during the 2011 - 12 through 2014 - 15 academic years according to a decision issued by the NCAA Division I Infractions Appeals Committee.

The defendants will likely appeal the decision, which could take months.

Press Association journalist Simon Peach has tweeted that the Blues forward plans to appeal the charge he received for an alleged stamp on Emre Can during the League Cup semi-final at Stamford Bridge, a decision which Peach says will be fully supported by Chelsea.

Barcelona launched an appeal to the decision, and although it was rejected, the delay in the eventual verdict, which lasted until August that year, enabled Barcelona to sign players such as Luis Suarez, Ivan Rakitic and Claudio Bravo in the summer of 2014.

«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.»

The Supreme Court's decision not to hear the Friends» appeal is an affirmation of the law and the process by which park districts may deem land unusable and sell it, Bush said.

This led to an appeal to the BBC Trust which, after over six months, finally reached a decision in January 2014.

SERAP therefore welcomes the decision by the World Bank not to allow technicalities (regarding its requirement of 60 days within which to file an appeal to it) stand in the way of substantial justice, and truth on the spending of recovered Abacha loot as to do otherwise would have amounted to a miscarriage of justice for millions of Nigerians who are victims of corruption.»

According to Mumuni, the Bank Access to Information Committee (AIC) in its Decision on appeal issued in Case number AI3982 - A dated 29 April 2016, and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the Bank's decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered norDecision on appeal issued in Case number AI3982 - A dated 29 April 2016, and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the Bank's decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nordecision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor denied.

The GFA Appeals Committee has upheld the appeal filed by Asante Kotoko which sought to overturn the decision of the Disciplinary Committee...

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.

Other things the landlords wanted, but didn't get, were a longer time - frame for the rent - regulations extension (a full eight years, versus the four they got), and legislation that would address the 2009 Court of Appeals decision on Roberts v. Tishman Speyer, which ruled that apartments could not be deregulated if they received J - 51 incentives for property improvements.

However, the de Blasio administration is entitled to cancel the City's contract with QDG, and to rescind the sale of two acres of Willets Point property already transferred to QDG for $ 1, due to the recent decision of the New York State Court of Appeals which found that QDG's proposed «Willets West» mega-mall on parkland located west of Citi Field stadium can not proceed as it lacks legislative approval.

He held that the interested parties having indicated their interest, which although was dismissed by the court, «the court is not minded to take any pre-emptive step» capable of undermining the eventual decision of the Court of Appeal, which he said could possibly order them to be joined as parties.

Reports made it appear like a political decision, but as I understand it now it's rather the executive which determined FARA applies for RT activities, a decision against which RT could but chose not to appeal in court?

In August 1987, under FCC Chairman Dennis R. Patrick, the FCC abolished the doctrine by a 4 - 0 vote, in the Syracuse Peace Council decision, which was upheld by a panel of the Appeals Court for the D.C. Circuit in February 1989, though the Court stated in their decision that they made «that determination without reaching the constitutional issue.»