The Lands Tribunal ordered
the trial of a preliminary issue, namely whether, if the claimant had suffered loss through the diminution in value of its leasehold interest in the premises due to the carrying out of the works, it was entitled to compensation under s 10.
Belhaj and Boudchar v Rt Hon Jack Straw MP and ors [2013] EWHC 4111 (QB)
Trial of preliminary issue as to whether claims against HMG and individual claimants (including former Foreign Secretary) in relation to alleged rendition to Libya were barred by principles of sovereign immunity or foreign act of state.
But at the assessment of damages, on
the trial of a preliminary issue, it was held at fi rst instance that all of the claimed losses were refl ective (see [2001] 2 BCLC 582).
Led by Mark Templeman Q.C. in
trial of preliminary issues in the Commercial Court relating to the reinsurance in the Lloyd's market of certain Venezuelan risks involving issues of waiver and Venezuelan law.
Jackson v Dear & Anr [2012] EWHC 2060 (Ch) and [2014] 1 BCLC 186 (CA)
Trial of preliminary issues as to the construction of a commercial agreement and its effect on the constitution of a Guernsey company operating a closed - ended investment fund.
In the context of
the trial of preliminary issues, however, his Lordship would say nothing about whether the claimant would in fact be able to recover such damages from the Secretary of State.
The court ordered
the trial of preliminary issues.
Not exact matches
«He however, will like to put it on record that the facts
of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some
preliminary issues in the process
of commencing the
trial.
U.S. District Judge Mariana Pfaelzer in December
issued a
preliminary injunction prohibiting enforcement
of most provisions
of Prop 187 until a
trial determines its legality.
Lung Cancer Breakthrough A study published in the September, 1998
issue of Nature Medicine concerned a
preliminary trial using gene therapy to treat lung cancer.
Likewise, it could be argued, judges should determine costs at the end
of the
preliminary -
issue trial without regard to global offers.
«For the avoidance
of doubt the
Preliminary Issue is intended to decide whether the Defendant's revised estimate
of 6 May 2005 was intended to cover a) only a four day
trial b) any interlocutory applications that might be made by either side c) the number
of expert witnesses d) the extent
of the preparation necessitated by the above.»
Limited
preliminary inquiry (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope
of a
preliminary inquiry to specific
issues, the justice, without recording evidence on any other
issues, may order the accused to stand
trial in the court having criminal jurisdiction.
Furthermore,
preliminary inquiries can save a lot
of time down the road by narrowing
issues, shortening
trials and sometimes even eliminating the need for
trials.
Re McCarthy Surfacing Ltd [2008] EWHC 2279 (Ch)
Trial of an unfair prejudice petition brought on grounds
of failure to give proper consideration to the payment
of dividends and self dealing by directors [2006] EWHC Civ 181
Preliminary issue on the question
of standing to present a petition under s459
of the Companies Act 1985
Trial of a «no loss»
preliminary issue where the defendant argued that a grant payable for scrapping a fishing vessel under a decommissioning scheme before any damage repairs had been carried out wiped out any damages for diminution in value due to the collision damage.
At a
preliminary issues trial, Ms Justine Thornton QC (sitting as a QBD Judge) held that the DVLA owed no duty
of care to the purchaser in this case.