Sentences with phrase «appeal judgment where»

While suggesting plethora of statistics and judicial decisions especially a 2014 English Court of Appeal judgment where it was stated that «cases take up to a generation to be resolved in Nigeria occasioned by catastrophic delays,» Osinbajo said stakeholders must now resolve to address the issue of delay once and for all in the collective interest of all.

Not exact matches

«It is dangerously unbecoming of a Cabinet minister to misrepresent court judgments - especially where her own department conceded this case on appeal.»

Makarfi and members of his team are currently at the Supreme Court, where they filed an appeal against the judgment of a Federal High Court, Port Harcourt, Rivers State, which affirmed Sheriff as the national chairman of the troubled party.

Makarfi and his faction were said to be planning to implement the report if they get favourable judgment at the Supreme Court, where they had filed an appeal against the Court of Appeal judgment, which ruled that Sheriff remained the chairman of the former ruling appeal against the Court of Appeal judgment, which ruled that Sheriff remained the chairman of the former ruling Appeal judgment, which ruled that Sheriff remained the chairman of the former ruling party.

The appeal: they are «judgment - free zones where the like - minded can mingle freely and furtively.»

(3) In the case where an immediate appeal against a ruling has been lodged, and only when there is prima facie evidence showing that there are circumstances that will cause the revocation of the protection order, an appellate court may order, upon a petition, the suspension of the validity of the protection order until the judgment on the immediate appeal against a ruling has come into effect.

In reasons for judgment released today, the BC Court of Appeal overturned the order of a Master denying the defendant costs thrown away in circumstances where the plaintiff was successful in obtaining an adjournment of an impending trial.

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.

The risks of predicting a trial court judgment are compounded if the claim goes on appeal where appeal court judges frequently place an importance on facts not regarded as important by the trial judge.

17 As a result of this asymmetry, the court that makes the most authoritative pronouncements on the standard for granting summary judgment — the Court of Appeal — tends to do so in cases where the motions court has denied the complainant her day in court.

At para 36 of the judgment, Mance LJ distinguished between those matters which required permission to appeal, such as pursuant to AA 1996, s 69, where the starting point, (as per the rule committee) was to treat the public interest in a public hearing as outweighing any wish on the parties» part for continuing privacy and confidentiality.

The question of delays in the Supreme Court will be discussed below where it will be seen that the problem has not gone away, though the delays appear to be more in the time taken between the time of hearing and the date of delivery of judgment rather than in the time taken to have an appeal heard.

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,

The result is that I have exceptional research and writing skills, which are of great assistance in my other passion, which is the pursuit of appeals where parties have received a judgment that they are dissatisfied with.

there is a theoretical possibility of appeal (as was the case in the NY Judgment where there were pending motions to vacate the judgment).

Even in cases where one or more findings is clearly erroneous, the appeals court can affirm if the judgment is supported by other findings or evidence on record.

In Faris v. Eflimovski, the Court of Appeal affirmed its earlier judgment in 1196158 Ontario Inc. v. 6274013 Canada Limited16 where it held that the plaintiff bears a stringent burden at a status hearing pursuant to the former Rule 48.14 (13).

Had the appeal court ruled the other way and upheld the Superior Court's judgment, Rashid says it could also have sparked a rash of solicitors» negligence actions in similar cases where the shorter deadline would have resulted in claims being dismissed.

Notwithstanding our commitment to protecting our insureds from liability where appropriate, two judgments from the Court of Appeal will make it more difficult in future to establish limitation defences in solicitors» negligence cases.

The court also referred to the Court of appeal's recent judgment, Bishop v. Bishop, where the court considered the plaintiff's «non-judicial proceedings» in determining whether the plaintiff was a vexatious litigant.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

It would be strange if, in a case where the powers of the two courts are united in one court, from whose judgments an appeal lies, causes of which the district courts have exclusive original jurisdiction should be excepted from the operation of the appellate power.

Tennille v. Tennille, No. 99 - CV - 1001 & 00 - CV - 924 (District of Columbia Court of Appeals, February 14, 2002): The ex-husband appealed from the entry of default judgment on a breach of contract action where he agreed to pay his former wife a fixed percent of his income in lieu of alimony.

Defended Japanese trading company in ten - week jury trial, where U.S. investors were claiming damages for monopolization, restraint of trade, and tortious interference over control of timber concession in Indonesia, argued appeal before Fifth Circuit and judgment for client affirmed

On the subsequent appeal, the Court of Appeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief iappeal, the Court of Appeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief iAppeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief issues.

Another example may be found in the recent case of Brent Bish on behalf of Ian Stewart v Elk Valley Coal Corporation, Cardinal River Operations, SCC Case No 36636, leave to appeal granted from the judgment in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (CanLII), where Jennifer Koshan points to the missing voices of five human rights commissions (who had applied to intervene jointly), which, had they been allowed to intervene, could have contributed meaningfully by assisting the court in a case where the test for discrimination was a live issue.

Successfully engineered many victories for clients in asbestos litigation through summary judgment where many of these decisions have been upheld on appeal.

Take - aways: A defendant that doesn't appeal a judgment can still benefit from a co-defendant's successful appeal where there is an interdependence of rights between the two defendants.

The Justice referred to City of Mecca (1879), 5 P D 28 where Sir Robert Phillimore held that the English Court of Admiralty could and ought to enforce an in rem judgment of a Foreign Admiralty Court, on the grounds of international comity (reversed on appeal not on a point of law, but because, like the subject case, the foreign judgment was in personam only.)

The ratio of Chargot is encapsulated in Lord Hope's judgment at para 30 in which he reaffirms the ratio of Court of Appeal's decision: «Prima facie a breach of s 2 (1) arises where an employee is injured while he is at work in the workplace.»

Next, in terms of the institution of the court, currently including 21 judges and 8 supernumerary judges, Justice Morrissette noted the immense advantage of being able to solicit electronic comments on draft judgments as opposed to have a «paper river» betwen Montréal and Québec City where the Court sits (note: all appeal judges are solicited for comments before the final judgment is issued; not only the chosen panel of 3 or 5 judges).

The judgment of Lord Justice Rimer in the instant case is a full one, tracing the twists and turns in the case law, from the fons et origo on one - man companies (Lee v Lee's Air Farming [1961] AC 12, [1960] 3 All ER 420), through the policy - driven phase (that the secretary of state's guarantee was, in effect, meant only for «real» employees) as exemplified in Buchan v SSE [1997] IRLR 80, and then to SSTI v Bottrill [2000] 1 All ER 915, [1999] IRLR 326, where the Court of Appeal had not followed Buchan and had instead held that it was a question of fact, but in such a way as (the Court of Appeal now accepted) had led to uncertainty of application.

On appeal to the Nebraska Supreme Court, secured the reversal of summary judgment granted against client where, prior to representation, the client had been convicted of a moving traffic violation.

In a judgment released earlier today (Speciality Produce Limited v Secretary of State for Environment, Food and Rural Affairs [2014] EWCA Civ 225), the Court of Appeal dealt with a case where the claimant, SPL, had sought judicial review of an initial decision by the Rural Payments Agency derecognising it as a producers organisation under the relevant EU Regulation.

In countries where case selection criteria combine both general importance of a case and likely unlawfulness of an appealed judgment we can face a different issue of reasoning the decision refusing to admit an appeal.

108 (1) If the court determines that a member was not duly returned, even if an appeal from the decision is pending, he or she is not entitled to sit or vote in the Assembly until the appeal is disposed of and the judgment of the court is received by the Assembly, but where the court determines that some other person was elected or is entitled to the seat, such person is, even if an appeal is pending, entitled to take his or her seat in the Assembly and to sit and vote until the appeal is disposed of and the judgment of the court is received by the Assembly.

«The language of Hryniak,» says Osaka, «has been picked up in the Ontario courts and in the Alberta courts, where you see not only the masters eloquently describing how summary judgment can help access to justice but also the [Alberta] Court of Appeal and Court of Queen's Bench all now using this language, which is very favourable to this type of motion.

See the Globe and Mail, August 20, 2008, where the Quebec Chief Justice stated that the translation of the Court of Appeal's most important judgments into English would make the judgments available to the rest of Canada.

● The Court of Appeal gave judgment in favour of the defendant to a personal injury claim in two cases where the key issue was the standard of care owed by one individual to another; and

In two linked judgments, nine justices held by majority that the Treasury must lift sanctions against the bank, dismissing claims that its banking services facilitated Iran's nuclear programme, and said appeal courts should go into closed session only where «it has been convincingly demonstrated to be genuinely necessary in the interests of justice».

Learned senior counsel placed reliance on the judgment delivered by the Court of Appeal in case of Thoday Vs. Thoday (1964) 2 WLR 371 in support of the submission that a party can be estopped to relitigate the matter only if the cause of action or the plea in defense in the second action is precisely the same and has been raised in the previous case and where that has been the subject matter of a full examination and adjudication in the previous case.

Hampton Realty v. Conklin (220 A.D. 2d 385)- issues of justifiable reliance and reasonable inquiry; motion for a leave to appeal denied (87 N.Y. 2d 805); non-jury trial judgment in favor of broker for commission reversed; broker not the procuring cause where purchaser and seller discussed availability of property prior to listing and where broker did nothing of any significance to assist in the negotiations between buyer and seller aside from a single visit to the property; facts of the case do not support oral promise to «protect» the broker's commission; reasonable duration for term of brokerage agreement implied where agreement contained no term as to its duration and, under the circumstances of the case, it would not be reasonable to extend the duration of the agreement for a term of more than one year.