Sentences with phrase «appeal judgment given»

Not exact matches

Ladoja who reiterated his commitment to the realization and actualization of what he termed mandate freely given to him by the people of the state, insisted that he and his party, will challenge the judgment of the tribunal at the Court of Appeal.

Even though the Appeal Court is well aware of the status of S. 140 (2) of the Electoral Act 2010, it, nevertheless, acted to the contrary, given its own observation in its judgment that: «Whether Section 140 (2) of the Electoral Act is extant or not, no advantage can be conferred on the Appellants by declaring the 1st Appellant as a winner on the grounds of his obtaining the second highest votes as elected.»

If the DEBTOR fails to pay within 30 days of the date of judgment date (and files no appeal), the CREDITOR may request a SHERIFF»S EXECUTION from the COUNTY CLERK»S OFFICE giving the Sheriff's Department full authority to seize money or property as payment toward the Judgment.

The Court of Appeal Panel led by Justice Ibrahim Salauwa, which was set up to determine the appeals filed by Makarfi and Jegede against the judgment given by Justice Okon Abang of the Federal High Court, which INEC relied on to pick Mr. Jimoh Ibrahim, adjourned all proceedings indefinitely.

The appeal court judgment is yet to come but first hand report does give some indication of a lean towards Samsung.

The judgment takes effect from the day when it is given or made, or such later date as the court may specify (FPR 2010, r 29.15); and an appeal is against that judgment, not the order.

Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».

However, the Court of Appeal, with Lady Justice Arden giving the judgment, rejected MGN's argument that the judge had made no finding, as required by CPR 36.17 (3), that it would be «unjust» for the normal consequences of failing to beat an offer to apply.

The Employment Appeal Tribunal (EAT) has given judgment this week in an eagerly awaited discrimination case regarding the enhancement of maternity and shared parental pay.

The Court of Appeal has now heard the appeal and given its judAppeal has now heard the appeal and given its judappeal and given its judgment.

The lead judgment was given by Lord Hughes, who was previously Vice President of the Criminal Division of the Court of Appeal.

The senator representing Ogun East senatorial district, Mr. Buruji Kashamu, has filed appealed against the judgment of the Court of Appeal, Lagos, which gave the National Drug Law Enforcement Agency (NDLEA) the nod to begin extraction process against him to the United State of America (USA), to face drug related charges offences.

Appeals judges generally resist overruling trial court judgments, instead, preferring to give trial judges the benefit of any doubt.

The very question posed for Judge Sumner sitting in Wandsworth County Court in Miss Sam (Sales) Ltd v River Island Clothing Co Ltd where he gave judgment on 17 February 1994 which is not being appealed.

In its judgment the court said the existence of the right of appeal given by the Child Support Act 1991 (CSA 1991), s 20 and the right to receive interest on arrears in prescribed circumstances given by s 41, when taken in conjunction with the right to seek judicial review of failures to collect or enforce arrears of maintenance, means CSA 1991 provides the parent with care with substantial protection against incompetence on the part of the CSA.

Before taking new matters into account based on statistics which have not been considered in the judgment under appeal, the adversarial process requires that the court ensure that the parties are given an opportunity to deal with the new information by making further submissions, oral or written, and allowing, if requested, fresh material in response.

The Supreme Court has seen its busiest year to date, hearing 45 % more appeals (120) than during 2012/13 and giving 49 % more judgments (115).

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 considered.

Sir Andrew Morritt, who gave the only reasoned judgment in the Court of Appeal, confirmed that it is not possible for a planning authority to authorise a nuisance, although the effect of a planning permission may be to alter the character of a neighbourhood for the purposes of assessing the question of nuisance.

The majority judgment clarified the relationship between specific provisions allowing a tax deduction or other benefit and the general anti-avoidance section by reference to the Court of Appeal's judgment in Commissioner of Inland Revenue v BNZ Investments Ltd by concluding «it is only if a specific provision on its true construction and application was intended to give the particular transaction the tax benefit claimed that it will fall outside the areas of application of s 99».

Peter Jackson J gave the lead judgment in the Court of Appeal.

While the Court of Appeal in Denton declined to provide a list of good and bad reasons for compliance it approved the examples previously given in para 41 of the judgment in Mitchell.

It is therefore important for advocates attending court on an occasion when judgment is given to do their best to make a full note of the judgment so that, if it is needed, that note can be provided promptly to the Court of Appeal when a notice of appeal is Appeal when a notice of appeal is appeal is filed.

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).

Sharp LJ, giving the judgment of the Court of Appeal, expressed herself unimpressed by the judge's approach and reasoning.

The importance of the third point above is demonstrated by the recent decision of the European Union Court of Justice (EUCJ) which in September 2014 gave judgment in the appeal from the General Court in the dispute between the Groupement des cartes bancaires and the European Commission (Groupement des cartes bancaires v European Commission C - 67 / 13 P (CB)-RRB-.

However, this principal may now be undermined given Ontario Court of Appeal's recent decision in an appeal on a summary judgment motion in Michela v. St. Thomas of Villanova Catholic School, where Justice Huscroft explicitly rejected Bohemier as it was applied in GrAppeal's recent decision in an appeal on a summary judgment motion in Michela v. St. Thomas of Villanova Catholic School, where Justice Huscroft explicitly rejected Bohemier as it was applied in Grappeal on a summary judgment motion in Michela v. St. Thomas of Villanova Catholic School, where Justice Huscroft explicitly rejected Bohemier as it was applied in Gristey,

LORD JUSTICE JACOB: (GIVING THE JUDGMENT OF THE COURT): His lordship accepted that the special circumstances arising from the creation of the European patent system and the central importance given to decisions of the Boards of Appeal required the Court of Appeal to recognise a further exception to the rules laid down in Young.

The Federal Court of Appeal on June 27, 2014 has given its judgments in Catherine Leuthold's two uphill appeals in a case about which I have written earlier at length.

Critical to the decision of the Court of Appeal was the wording of cl 1 of the lease which set out the term granted in the following way: «from and including 1 January 2003 to 28 September 2004 (hereinafter called «the term» which expression shall include any period of holding over or extension of it whether by statute or at common law or by agreement)...» Rimmer LJ, who gave the only substantive judgment in the case, referred to the words in brackets in this clause as «the words of extension».

For example, a defendant may lodge an appeal against the judgment given by a trial judge.

In the Alberta Court of Appeal ruling reported as R v Wagar, 2015 ABCA 327 Justice Brian K. O'Ferrall, speaking for a unanimous court, made short shrift of Justice Camp's judgment, at p. 1: ``... [W] e are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.»

Marc has extensive litigation experience from jury selection; presenting opening statements; examining (direct and cross) fact and expert witnesses; giving closing arguments; conducting Markman hearings; successfully arguing preliminary injunction motions; drafting successful discovery briefs, claim construction briefs, summary judgment briefs, and appeal briefs; managing electronic discovery activities; coordinating large document productions; and negotiating settlement, licensing and acquisition agreements.

Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case law.

Since 2009 Stephen has been the lead advocate in the complex fraud and asset recovery proceedings known as JSC BTA Bank v Ablyazov, in which over 70 significant judgments have been given so far in England (including 15 in the Court of Appeal).

Once this happens the case will go back before the Court of Appeal who will make their final judgment based on the answers given by the CJEU.

In brief terms (excluding the somewhat surreal trip Lord Justice Moses took to the land of small furry animals at paras 84 — 86 of the judgment) the Court of Appeal took the view that Malik could not establish that his inclusion had any present value, as opposed to merely giving him a right to future income.

In the case of Susan Berney v Thomas Saul (T / A Thomas Saul & Co) 2013 the Court of Appeal has given judgment in a professional indemnity case arising out of a personal injury claim.

Lady Hale, giving the sole judgment of the Supreme Court, considered that the true issue was not the jurisdiction of the Court of Protection (as it had been put by both Eleanor King J and Sir James Munby P in the Court of Appeal), but rather the approach it should take in light of its limited powers.

In Noel Douglas Conway v The Secretary of State for Justice [2018] EWCA Civ 16, the Court of Appeal gave an unusually detailed judgment granting permission to appeal against the decision of the Divisional Court in Conway, R (on the application of) v Secretary of State for Justice [2017] EWHC 640, refusing permission for the applicant to judicially review the criminalisation of physician - assisted suicide under the Suicide ActAppeal gave an unusually detailed judgment granting permission to appeal against the decision of the Divisional Court in Conway, R (on the application of) v Secretary of State for Justice [2017] EWHC 640, refusing permission for the applicant to judicially review the criminalisation of physician - assisted suicide under the Suicide Actappeal against the decision of the Divisional Court in Conway, R (on the application of) v Secretary of State for Justice [2017] EWHC 640, refusing permission for the applicant to judicially review the criminalisation of physician - assisted suicide under the Suicide Act 1961.

The Court of Appeal (the Master of the Rolls, Richards and Underhill LJJ) has given judgment on the appeal brought by the Project Management InstitAppeal (the Master of the Rolls, Richards and Underhill LJJ) has given judgment on the appeal brought by the Project Management Institappeal brought by the Project Management Institute...

Today, in the case of Secretary of State for Justice v. Windle and Arada [2016] EWCA Civ 459, the Court of Appeal (Underhill LJ giving judgment) decided...

The First - Tier Tax Tribunal gave judgment recently on the second stage of the appeal by Rank Group plc («Rank») against the refusal by HMRC to repay VAT paid on income from slot machines («the slots appeal»).

In May 2018, the Court of Appeal (Irwin and Flaux LLJ) gave permission to CAAT to appeal the judgment of the Administrative Court (Lord Justice Burnett (as he then was) and Mr Justice Haddon - Cave) which dismissed the challenge to the decisions to continue to grant export licences for the sale of arms to Saudi Arabia, both on grounds advanced in open and by the Special Advocates in cAppeal (Irwin and Flaux LLJ) gave permission to CAAT to appeal the judgment of the Administrative Court (Lord Justice Burnett (as he then was) and Mr Justice Haddon - Cave) which dismissed the challenge to the decisions to continue to grant export licences for the sale of arms to Saudi Arabia, both on grounds advanced in open and by the Special Advocates in cappeal the judgment of the Administrative Court (Lord Justice Burnett (as he then was) and Mr Justice Haddon - Cave) which dismissed the challenge to the decisions to continue to grant export licences for the sale of arms to Saudi Arabia, both on grounds advanced in open and by the Special Advocates in closed.

On 28 July 2011, the Competition Appeal Tribunal («CAT») gave judgment on the application by Ryanair Holdings plc («Ryanair») for judicial review of the decision by the Office of Fair Trading («OFT») that it would be in time (should it decide to take such a decision) to refer to the Competition Commission («CC») Ryanair's acquisition of a minority shareholding in Aer Lingus Group plc («Aer Lingus»).

On 28 July 2011, the Competition Appeal Tribunal («CAT») gave judgment on the application by Ryanair Holdings plc («Ryanair») for judicial review of the decision by the Office of Fair Trading («OFT») that it would be in time (should it decide to take such a decision) to refer to the Competition Commission («CC») Ryanair's acquisition -LSB-...]

On 12 May 2010, the Court of Appeal gave judgment on three joined appeals from the High Court in relation to missing trader intra-Community («MTIC» or «carousel») fraud.

The Court of Appeal in R (on the application of Low) v Secretary of State for the Home Department [2010] 2 C.M.L.R. 34 [2010] I.C.R. 755 [2010] EWCA Civ 4 has given an important judgment holding that companies established in the European Union can not rely on the free movement of services provisions in Article 56 -LSB-...]

The Appellant produced lengthy grounds and allegedly supporting documents on the basis of which he obtained permission to appeal but in giving its judgment the Court of Appeal dismissed each of the 10 complaints put foappeal but in giving its judgment the Court of Appeal dismissed each of the 10 complaints put foAppeal dismissed each of the 10 complaints put forward.

The magistrate gave judgment for the plaintiffs, and the defendant appealed to the Court of Common Pleas.