Sentences with phrase «appeal in a case concerning»

In 2016, Anton was admitted to the Bar in the Supreme Court of Gibraltar, and has appeared there in a fraud trial and subsequent appeal to the local Court of Appeal in a case concerning the ownership of millions of dollars held in an offshore bank account.

Scotto v. Petch: Re Sedgefield Steeplechase Company (1927) Limited Ref: [2000] 2 BCLC 211 (Lord Hoffmann at first instance); [2001] BCC 889 (Court of Appeal) Acted for the company at first instance and on appeal in a case concerning questions of whether the entry by shareholders into agreements concerning their shares activated pre-emption provisions in the company's Articles of Association.

Not exact matches

Rudolph might get a desperation trade - up from someone in case NO or PIT take him as a developmental QB with that fifth - year option, and while Hurst is the most immediately appealing option here, what if the Falcons front office are scared of his health concerns?

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.

The government made the appeal citing national security concerns if members of MI5 were forced to give evidence in an open hearing, but the coroner stated that the victims» families, as «interested persons» in the case, could not be excluded.

In the case of parliamentary elections the Storting is itself the appellate body when it comes to appeals concerning the franchise and the right to cast a ballot.

«The Court of Appeals finding properly acknowledges that the school district's responsibility under the IDEA is not to cure or remediate all effects of a child's disability, but to serve students with a demonstrated «need» for special education and related services in order to benefit from his or her education,» said NSBA Associate Executive Director and General Counsel Francisco M. Negrón, Jr. «Given that the student in this case is academically successful, it may be more appropriate to address non-educational concerns through other accommodations.»

In case of dispute between a Member and PRO-FID SAS concerning the General Conditions of Use of the Programme, the Member is hereby informed that he or she may appeal to a conventional mediation procedure or to an alternative method of settlement.

While we're on the topic of cosmetic appeal, the design of the station fits seamlessly with the PS4's minimalist aesthetic, all sharp angles, clean lines, and — in case you're concerned about how it changes the overall form factor — slim design that will help you save space.

[2] Although there have been few cases on the subject, the Fifth Circuit Court of Appeals addressed these concerns in United States v. Briggs.

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

The remaining appeals concern a lawyer's liability in giving a referral, an employee's ability to sue a labour union local and its directors for wrongful dismissal, the right of expatriate Canadians to vote in Canadian elections and whether a trial judge correctly gave more weight to a complainant's evidence in a sexual interference case.

This reasoning was, however, invalidated by the General Court in its Aéroports de Paris judgment of 12 December 2000 (T - 128 / 98, confirmed on appeal by the Court in case C - 82 / 01 P), which clarified that the operation of an airport constitutes an economic activity, although the case concerned Article 102 TFEU and rules on predatory pricing.

Today's appeal concerns the case of an Ontario lawyer, Joseph Groia, who was disciplined by Ontario's law society for having engaged in uncivil conduct.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

This consultation is not concerned with what appeal rights there should be in land registration cases, nor with the destination of appeals; those are not a matter for the Tribunal Procedure Committee (TPC).

Wonu is advising on the representation of Public Concern at Work («PCaW») on the charity's planned intervention in the Court of Appeal in the high profile reported case of Chesterton Global Limited v Nurmohamed UKEAT / 0335/14.

The Alberta Court of Appeal held that, to give effect to the practicality of the concerns addressed in the Winnipeg Condo case, it does not need to be imminent.

The Court of Appeal handed down judgment last week in a public law case concerning the application of the principles of substantial compliance to the apparently mandatory duties of local authorities to use prescribed traffic signs and road markings.

He has particular experience of cases concerning the ECHR, and has appeared in many of the most important such cases in recent years including the recent appeals to the Supreme Court in Hesham Ali, MM (Lebanon), Agyarko and Kiarie & Byndloss.

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).

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.

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.

In the Court of Appeal, Lord Justice Mance (as he then was) gave the lead judgment in which a detailed review of case law concerning judgments rendered in private and shrouded by a requirement of non-publication were considereIn the Court of Appeal, Lord Justice Mance (as he then was) gave the lead judgment in which a detailed review of case law concerning judgments rendered in private and shrouded by a requirement of non-publication were considerein which a detailed review of case law concerning judgments rendered in private and shrouded by a requirement of non-publication were considerein private and shrouded by a requirement of non-publication were considered.

Meanwhile, Judge Koh has handed down an appealable final judgment in that first California Apple v. Samsung case, the parties appealed, and Samsung has already filed its opening brief with the Federal Circuit (the part concerning design patent damages — the bulk of the billion - dollar verdict, or «$ 929 million verdict» after a limited damages retrial, to be precise — has significant support in the U.S. legal community).

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.»

Walton v The Independent Living Organisation [2002] ICR 1406 (Court of Appeal) Appeared in the Court of Appeal (led by Andrew Hillier QC) in this case concerning the application of the National Minimum Wage to live in carers who slept on site and could be woken during the night to assist clients.

Chief Constable of West Midlands Police v Blackburn [2009] IRLR 135 (Court of Appeal) Appeared (led by Elizabeth Slade QC — now Mrs Justice Slade) on behalf of the Chief Constable at first instance, in the EAT and in the Court of Appeal in a case brought under the Equal Pay Act 1970 concerning the genuine material factor defence and justification for the payment of night shift supplements.

Junior counsel in the Court of Appeal in an important case for international litigation concerning the scope and effect of jurisdiction agreements in English and Welsh law.

A # 3 million appeal concerning the proper approach to quantum in a concurrent liability case against a professional and the Judge's duty to give a reasoned judgment (drawing on Ed's earlier experience in English v. Emery Reimbold).

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.

But, the new DA disagreed with the legal analysis and / or position taken in the case by the old DA and the trial judge, and concluded that the sentence was invalid and that she would lose on appeal (the issue concerned the application of a recidivist sentencing statute in Colorado to cause a minor offense to have a very long sentence).

Two Charter of Rights (criminal) appeals are companion cases concerning expectation of privacy in digital communications; and First Nations and environmental groups are appealing in Yukon's Peel Watershed case.

Yesterday, the BC Court of Appeal (BCCA) released its judgment in a case concerning discrimination against Vancouver's street homeless population.

Successfully represented over 30 charter schools in cases concerning per - pupil funding allocations, including serving as lead trial counsel and arguing numerous appeals before the NC Court of Appeals and Supremeappeals before the NC Court of Appeals and SupremeAppeals and Supreme Court.

Our natural resources lawyers have litigated through appeal landmark cases concerning instream flows in California.

Matthew has argued cases concerning matters of first impression before the North Carolina Supreme Court and North Carolina Court of Appeals, and he has tried cases to verdict in both federal and state courts.

In that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend frivolous appeals in tax - protest caseIn that earlier ruling, the Seventh Circuit asked the parties to file additional memoranda concerning the legal services for which the United States must pay to defend frivolous appeals in tax - protest casein tax - protest cases.

Traders appealed and the OFT cross-appealed the High Court ruling before the Court of Appeal (England and Wales)(Civil Division), which referred the case to the CJEU for a preliminary ruling whereby it seeked an interpretation of paragraph 31 of Annex I to the Directive 2005 / 29 / EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business - to - consumer commercial practices in the internal market (OJ 2005 L 149, p. 22) in order to determine whether that provision prohibits the imposition of a cost, even of a de minimis nature, on a consumer who has been informed that they have won a prize.

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.

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).

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

In this case the Supreme Court allowed an appeal against an initial decision that care proceedings concerning two young girls should be transferred to Hungary.

Notable cases in which Pierre was involved included an appeal against deprivation of citizenship on national security grounds following remittal to SIAC by the Supreme Court in the case of Pham («B2»); an appeal concerning registration under the statelessness provisions of the British Nationality Act 1981 in the case of MK (India); three out of hours applications for injunctions successfully preventing same - day removal and numerous challenges to Home Office policy and the Immigration Rules.

Harvey v Dunbar Assets plc [2013] BPIR 66 - Joseph Curl of 9 Stone Buildings represented the successful lender on appeal to the Chancery Division in this case concerning whether a personal guarantee could be enforced where there was an allegation that a co-surety's signature was forged.

Led on a second appeal in the Court of Appeal, which is now the leading case concerning the meaning of «insolvency» in the context of avoidance cappeal in the Court of Appeal, which is now the leading case concerning the meaning of «insolvency» in the context of avoidance cAppeal, which is now the leading case concerning the meaning of «insolvency» in the context of avoidance claims.

Curiously, the concerns outlined in the «Consultation paper's» case for change had little connection with the solutions proposed, raising questions as to whether the changes were designed to reduce use of the Appeals system.

He has also appeared recently in the Court of Appeal and the High Court in case concerning Russian business, alleged corporate raids, and the jurisdiction of arbitration tribunals — including a successful s. 67 challenge in Egiazaryan v City of Moscow [2015] EWHC 3532.