Sentences with phrase «j at first instance»

Jackson J at first instance had offered a useful analysis of the law as he saw it and had bravely sought to draw together the different and sometimes contradictory strands.

A previous column commented on the decision of Treacy J at first instance in Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678, [2010] All ER (D) 229 (Jun) denying the claimant, the ex chief executive of the trust, the payment of the amount of a compromise agreement over and above her notice money because the decision to pay her that extra was ultra vires, on the basis that it was «irrationally generous» (see 159 NLJ 7390, p 1460).

As Lord Hodge indicated, Flaux J at first instance held that s 2 of R (D) A 1886 provided compensation only for physical damage and not for consequential losses.

In the instant case, Taylor J's test was applied by the secretary of state, and its application was affirmed by Beatson J at first instance.

Not exact matches

At first instance Knowles J was prepared to assume for material purposes that the positions of spouses and cohabitees were analogous so that the 12 - month condition was prima facie discriminatory.

At first instance, Edwards - Stuart J found for E.ON primarily on the grounds of a breach of contract by MTH — namely that (i) clause 8.1 (x) of the contract required the foundations to be fit for purpose, (ii) fitness for purpose was to be determined by reference to the Technical Requirements (which formed part of MTH's tender documents), and (iii) para 3.2.2.2 (ii)(and also para 3b.5.1) of the Technical Requirements required the foundations to be designed so that they would have a lifetime of 20 years.

The Court of Appeal upheld Supperstone J's judgment at first instance which had dismissed all three grounds.

At first instance, Supperstone J dismissed HC's challenge to the regulations.

At first instance, Andrew Smith J ruled -LRB-[2008] EWHC 875 (Comm)-RRB- that the Banks» standard terms were largely in plain intelligible language and did not amount to common law penalties; and that it was inappropriate to give any declarations relating to «good faith» under reg 5 (1).

In the return match, however, the traditional attitude of the UK courts seemed to hold sway at first instance, with McCombe J taking the view that he was bound by Metrobus in this regard, see British Airways plc v Unite the Union [2010] EWHC B5 (QB).

The JOLs succeeded on their s. 145 claim at first instance, with Clifford J ordering the Appellant to repay over US$ 8 million in redemption proceeds to the liquidation estate.

At first instance, Snowden J considered this sufficient to dismiss the application for security for costs.

At first instance Eady J has played a substantial part in this easing of the law of defamation for the media.

At first instance, Eder J decided that it was necessary and appropriate to make disclosure of the reports.

One of the principal matters in dispute was the status of certain properties owned by companies in a group which, at first instance in the Family Division, Molyan J concluded was under the effective ownership and control of Mr Prest — a finding that was not contested on appeal.

For example, in Yarmirr at first instance, in response to evidence of trade with neighbouring tribes in clay, bailer shells, cabbage palm baskets, spears and turtle shells, Olney J held:

For example, in Yarmirr v Northern Territory at first instance, in response to evidence of trade with neighbouring tribes in clay, bailer shells, cabbage palm baskets, spears and turtle shells, Olney J held: