Sentences with phrase «hprb exercise of discretion»

Observing the law is doesn't mean an AG does nothing, observing and ENFORCING the law is an an active exercise of discretion by the AG.

We do not think that it is proper, we do not think that it is the proper exercise of the discretion given to him under the constitution.»

For the first time, the said Forms would be polling station specific and would, therefore, not require the exercise of discretion during distribution by Election Officials.

«We received a clear legal opinion from Tim Owen QC and Julian Knowles, the barristers at Matrix Chambers specialising in human rights and extradition law, that the scope for the exercise of discretion by the home secretary is greater than you believe,» Keith Vaz, chairman of the committee, wrote.

Particular exercises of discretion could potentially be checked by the Constitution, statute, or agency directives.

The pardons will also be granted only after what officials say is a vetting process — Mr. Cuomo called it «a prudent exercise of discretion» — and will not be granted to anyone convicted of a sex crime or currently in arrears on their taxes.

In addition, work that requires «advanced knowledge in a field of science or learning,» entails «the consistent exercise of discretion or judgment,» or is «predominantly intellectual or varied in character» does not count for the student exemption.

Working with law enforcement and the animal welfare community to help distinguish between these situations, and supporting law enforcement's exercise of discretion to treat cases as criminal when appropriate and to refer other cases for intervention that will provide support to pet owners, is a linchpin of our efforts.1

Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions raised in the motion are vital to the final issue of the case, or b) the orders are clearly wrong, in the sense that the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts.

What factors should guide this exercise of discretion?

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

As the Bill stands there will be many more areas for exercise of discretion by C - MEC and the decision - making process is likely to be under frequent challenge: circumstances for value judgment by civil servants are rife.

If the extradition judge finds that this ludicrously low bar has been met, the case then moves to the Minister of Justice, who in the exercise of their discretion, can order extradition.

A failure to seek interim relief can be a factor in the final exercise of discretion in the case.

Furthermore, causation may be a ground for limiting the amount of the costs awarded in the exercise of discretion.

NB: When a tribunal must determine the constitutionality of a law, as distinct from an exercise of discretion under a law, the standard of review is still one of correctness.

Wrong in law is one thing and will mean an appeal should generally be allowed; whereas wrong in the exercise of discretion is a much narrower gate for the appellant to pass through.

The principles that inform the exercise of that discretion were laid down in Irving v. Irving, [1982] 38 B.C.L.R. 318 (C.A.).

Instead, «a Crown discretionary decision may qualify as a rare and exceptional event when the decision itself raises the court's concern about the Crown's exercise of discretion.»

The Divisional Court ultimately agreed that the motions judge had properly applied the relevant caselaw, and did not fall into any reversible error in the exercise of his discretion.

Once the threshold is met, the Crown has an opportunity to explain the reasons behind its exercise of discretion.

Crown discretion is generally treated as sacrosanct, but in rare and exceptional cases a court will look into the reasons behind the exercise of discretion.

The Crown submits that the trial judge took into account the apposite factors and that there is no reason to interfere with the exercise of his discretion to redress the abuse through sentence reduction.

Factors basic to the exercise of this discretion are whether the defendants would suffer prejudice if the use of the journal was permitted, and whether there was a reasonable explanation for the plaintiff's failure to disclose it.

[31] Other factors relevant to the exercise of the discretion are whether excluding the document would prevent the determination of the issue on its merits: Hoole v. Advani, [1996] B.C.J. No. 522; and whether, in the circumstances of the case, the ends of justice require that the document be admitted: Jones, Gable & Co. v. Price (1977), 5 B.C.L.R. 103; Wu v. Sun, 2006 BCSC 1890; and Adamson v. Charity, 2007 BCSC 671.

[2] For this purpose, the courts have developed tools over the years to ensure that similar sentences are imposed on similar offenders for similar offences committed in similar circumstances — the principle of parity of sentences — and that sentences are proportionate by guiding the exercise of that discretion, and to prevent any substantial and marked disparities in the sentences imposed on offenders for similar crimes committed in similar circumstances.

«I will supply but can I see my solicitor first» is not a refusal but seeking a favour: police should decide, in exercise of discretion, whether to grant favour or not.

Consequently, the appeal raised essentially two questions: (i) whether this is the type of case in which the court acting in accordance with established principles or any logical extension of these can grant injunctions of the type sought; and (ii) if so whether it should do so in the exercise of its discretion.

«An abuse of discretion occurs when the court commits an error of law that underlies its exercise of discretion.»

While the principles behind the exercise of that discretion are reasonably well formulated the costs results can be a little trickier to predict.

A three - judge PTAB panel denied institution of the follow - on petitions in November 2016, citing the Board's exercise of discretion under 35 U.S.C. § 314 (a), which states that, «The Director may not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.»

The CPS should: «Set out in advance how it intends to approach the exercise of discretion in any given category of case... Explain how any given decision has been reached.

The judge further referred to a number of factors which HHJ Pelling QC had identified as being relevant to the court's exercise of its discretion.

[span style = «font - size: 12.16 px; line - height: 15.808 px;»] He leads his audience to believe that the primary reason for delay is that Crowns are zealously prosecuting every charge that comes before them without any considered reasonable exercise of discretion, that no charge gets diverted and no case gets resolved.

... we may not consider the correctness of the court's ruling de novo or second guess its exercise of discretion... Rather, we are limited to a determination of whether the court's decision was «manifestly unsupported by reason or so arbitrary that it could not have been the result of a reasoned decision.»

In this case, in the exercise of his discretion, the learned chambers judge, who was also the case management judge, decided that the interests of justice favoured disclosure and ordered that the clinics and doctors provide the representative plaintiff with the names and contact information of those individuals who were injected with Dermalive, a cosmetic filler, which is alleged to have caused granuloma, a medical condition.

Approaching the matter in this way serves to focus the inquiry on the exercise of the discretion with a view to the purpose of the Rule and obviates the need to guess as to whether, and if so when, a first assessment not ordered under the Rule may have evolved into such an assessment.

[48] The court did confirm, however, an HPRB exercise of discretion will be patently unreasonable if it is (a) exercised arbitrarily or in bad faith, (b) exercised for an improper purpose, (c) based entirely or predominantly on irrelevant factors, or (d) fails to take statutory requirements into account.

«The imperatives of the Rules may be mitigated somewhat... by the Court's judicious exercise of the discretion to excuse compliance, but these are remedial measures and not a license for non-compliance.»

The exercise of the discretion is dependent on the individual facts of each case.

Imperial Cancer Research Fund v Ove Arup [2009] All ER (D) 282 (Jun); FG Hawkes v Beli Shipping [2009] All ER (D) 207 (Jul); and Sodastream v Coates [2009] All ER (D) 22 (Aug): while CPR 7.6 (2) does not impose a threshold set of conditions, nonetheless those requirements will always be relevant to the exercise of discretion on such an application, but the fact that the conditions are not satisfied is not necessarily determinative of the outcome of a CPR 7.6 (2) application; whether the claim has become statute barred since the date on which the claim form was issued is a matter of considerable importance, since a time extension would disturb the entitlement of the potential defendant to be free of the possibility of any claim; whether the claimant was reliant on further information which had not yet been forthcoming so as to determine whether or not a viable claim existed, is a relevant consideration.

Therefore the member state's exercise of that discretion is within the scope of EU law.

Even though in NS the MS was discharging an obligation under international law, because this had been harmonized by the Regulation, then the exercise of discretion by the MS was in the scope of EU Law.

The set - off for which the section provided was not the legal or equitable set - off which provided a defence to claim and which did not involve an exercise of discretion.

In criminal proceedings, some of the factors relevant to the exercise of that discretion are contained in Paragraph I. 2.2 of the Consolidated Criminal Practice Direction.

The same factors are likely to be relevant when consideration is being given to the exercise of this discretion in civil or family proceedings.

Sound recordings are also prohibited unless, in the exercise of its discretion, the court permits such equipment to be used.

The guide is intended to be of help and assistance to judges but not as a substitute for the proper exercise of their discretion having heard argument on the issues to be decided.

However, as with any exercise of discretion, it must be exercised judicially, in a principled and consistent way.

The issues arose as to whether: (i) the court had jurisdiction to make the order; and (ii) if so, whether it should decline to make the order in the exercise of its discretion.