Not exact matches
«The Independent Counsel has reserved for the District Attorney certain investigative decisions, in
particular whether and how to seek the Governor's sworn testimony, so that the District Attorney has the opportunity to make these decisions in the context
of the
exercise of his prosecutorial
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.
In
particular, the court noted [at paragraph 29] the established principle that «though discretionary decisions will generally be given considerable respect, that
discretion must be
exercised in accordance with the boundaries imposed in the statute, the principles
of the rule
of law, the principles
of administrative law, the fundamental values
of Canadian society, and the principles
of the Charter.»
Therefore, there is really no substitute in evaluating how judges will
exercise that
discretion for the collective experience
of an attorney who has been through the process many, many times before the
particular group
of judges who are likely to handle your individual case.
[62] Like the trial judge, this court can do no better than
exercise its
discretion based on all
of the relevant factors in the
particular case before it.
The weight that the court, in the
exercise of its
discretion under Rule 12 (6), gives to the loss
of insurance coverage as a potential disadvantage that the other spouse may suffer as a result
of the early severing
of the claim for divorce depends on the evidence in the
particular case.
The first
of these was that the trial judge had not carried out an adequate balancing
exercise before
exercising his
discretion, in
particular in failing to take account
of the potential risk to L
of giving evidence reliving the abuse if, in fact, it had occurred.
Even if we had taken a different view
of the substance
of the case, in the
exercise of the court's
discretion we would have declined to grant any relief, having regard in
particular to the fact that Parliament has addressed the question whether there should be a referendum and, in passing the European Union (Amendment) Act 2008, has decided against one.
With respect to the
exercise of discretion it was held that if the parents were able to show a change in circumstances, the court's paramount consideration in the
exercise of this
discretion must be the welfare
of the child throughout his life, having
particular regard to the matters set out in the checklist which appears in ACA 2002, s 1 (4).
Prof. Conduct 123 (2001)(subject to the operational structure and content described in the opinion, a lawyer may affiliate with an online legal services website); Nebraska Op. 07 - 05 (lawyer may participate in internet lawyer directory which identifies itself as a directory, disclaims being a referral service and only lists basic information about lawyers without recommending specific lawyers and charges a reasonable, flat annual advertising fee); New Jersey Committee on Attorney Advertising Op. 36 (2006)(lawyer may pay flat fee to internet marketing company for exclusive website listing for
particular county in specific practice area if listing includes prominent, unmistakable disclaimer stating the listings are paid advertisements and not endorsements or authorized referrals); North Carolina Op. 2004 - 1 (lawyer may participate in for - profit online service that is a hybrid referral service - legal directory, provided there is no fee - sharing with the service and communications are truthful); Oregon Op. 2007 - 180 (2007)(lawyer may pay nationwide internet referral service for listing if listing is not false or misleading and does not imply that the lawyer can represent clients outside jurisdictions
of the lawyer's license, fee is not based on number
of referrals, retained clients or revenue generated by listing and the service does not
exercise discretion in matching clients with lawyers); Rhode Island 2005 - 01 (permitting website that enables lawyers to post information about their services and respond to anonymous requests for legal services in exchange for flat annual membership fee if website
exercises no
discretion over which requests lawyers may access); South Carolina 01 - 03 (lawyer may pay internet advertising service fee determined by the number
of «hits» that the service produces for the lawyer provided that the service does not steer business to any
particular lawyer and the payments are not based on whether user ultimately becomes a client); Texas Op. 573 (2006)(lawyer may participate in for - profit internet service that matches potential clients and lawyers if selection process is fully automated and performed by computers without the
exercise of human
discretion); Virginia Advertising Op.