Sentences with phrase «absence of some special circumstances»

In R (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] UKHL 23, [2001] All ER (D) 116 (May) Lord Slynn famously held that UK courts should «in the absence of some special circumstances, follow any clear and consistent jurisprudence of the ECtHR» [20].

[15] The successful party on a motion has a reasonable expectation of being awarded costs in the absence of special circumstances.

However, the Strasbourg court is the definitive arbiter of the European Convention on Human Rights (the Convention) and the generally accepted position has been that «[w] hile the case law of the Strasbourg court is not strictly binding... domestic courts and tribunals should, in the absence of special circumstances, follow the clear and constant jurisprudence of that court» (Huang v Secretary of State for the Home Department [2007] UKHL 11).

The effect of Hill is that the police do not owe a duty of care, in the absence of special circumstances, to protect the public from harm through the performance of their function of investigating crime.

32 In short, in the absence of some special circumstance, a judge should not vary or rescind an order for the payment of child support so as to reduce or eliminate arrears unless he or she is satisfied on a balance of probab - ilities that the former spouse or judgment debtor can not then pay, and will not at any time in the future be able to pay, the arrears.

Not exact matches

Tarfa urged the judge to consider the ill health of the lawmaker as a special circumstance that warranted his absence from trial.

Apart from maintenance pending suit and financial provision for children, the absence of a decree nisi will kill off the idea of a contested ancillary relief hearing for the time being unless special circumstances, the parties» concurrence and judicial approval all coincide.