Sentences with phrase «appellants in»

Even if the respondent should have told the appellants in a more timely fashion that the barn would have no pigs at the time of closing, it did not amount to a breach of the duty of good faith, per Bhasin v. Hrynew, 2014 SCC 71, sufficient to trigger a remedy for the appellants given the terms of the contract.

In January, 2010, State Farm commenced an action against the appellants in the names of Art Douglas and Wendy Douglas.

Looking at the High Court judgment as a whole, I have come to the conclusion that the great weight which it attached to the reprehensible conduct of the appellants in destroying documents led it to adopt an erroneous approach to the balancing exercise.

The whole question of intermediary liability is an interesting one — though arguably the defendants / appellants in the Warman case were not intermediaries but direct publishers.

The defendant in Jenkins was not as vulnerable as the appellants in Banks.

David Bedenham acted for Swanfield and the other Appellants in this appeal in which the Upper Tribunal (Nugee J and Judge Sarah Falk) gave important...

CRIA is being represented by Glen Bloom of Osler, Hoskin & Harcourt LLP, who had represented the plaintiffs / appellants in CCH and who is also now representing the Association of Universities and Colleges of Canada (AUCC), the lead objectors to the Access Copyright proposed tariff now before the Copyright Board.

Acted for the Claimants / Appellants in their challenge to the Lord Chancellor's decision to cut by two - thirds the number of criminal legal aid contracts for duty provider work.

Acted for the Claimants / Appellants in their challenge under the Public Contracts Regulations to the Government's decision to abolish the competitive market for childcare voucher services in the UK and award a monopoly contract, license, or exclusive right to National Savings & Investments / Atos.

The appellants in Dawson - Damer were beneficiaries of certain offshore trusts established in the Bahamas.

The Court also made explicit reference to the «prolix» and confusing style employed by the Appellants in both their pleadings and submissions.

On December 11, 2006, I'm scheduled to argue on behalf of defendants - appellants in the U.S. Court of Appeals for the Third Circuit a deliberate indifference to serious medical needs - prison conditions case from Bucks County, Pennsylvania that resulted in a $ 1.2 million jury award in favor of two pretrial detainees who contracted MRSA during their confinements.

Vivian Chapman QC and Edward Hewitt represented the successful appellants in this appeal against the finding of two prescriptive rights of way over their land and the calculation of damages for trespass.

In Gutowski, a municipal councilor brought an action in defamation against the appellants, fellow municipal councilors in the County of Frontenac, which stemmed from statements made by the appellants in a regular council meeting.

Blue Holdings v Unites States of America [2014] EWCA Civ 1291: Appearing for the Appellants in their successful appeal against a worldwide freezing order obtained by the US Government.

The appellants in the proceedings before the Estonian Riigigohus (Supreme Court) are an Estonian - established company, Bolagsupplysningen OÜ (BOÜ), which does the majority of its business in Sweden, and one of its employees, Ms Ilsjan.

On August 12, 2016, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc to appellants in In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during...

Charlotte represented the Appellants in the Upper - tier Tribunal where it was found that the First - tier Tribunal failed to consider Article 8 outside of the Immigration Rules and thus the case was remitted to the First - tier Tribunal.

From 2008 to 2011, appellants in civil cases (including family cases) were successful about 25 % of the time, while appellants in criminal cases were successful 32 % of the time.

On August 12, 2016, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc to appellants in In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during AIA post-grant proceedings.

In this year's final the Liverpool John Moores duo was speaking for the respondents, whilst Southampton Solent acted for the Appellants in the complex but fictional problem of Tate and Truelove v Fishery.

The appellants in AA (Pakistan)[2008] UKAIT 00003 (21 December 2007) had originally applied for HSMP status in reliance on Home Office guidance which said that: (i) applications would be considered on the basis of the HSMP rules at the time they were submitted; (ii) the Home Office might make changes to the rules in the future; and (iii) that once in the programme, they would be in a category that led to settlement.

Pressing for «oral» hearings (which is the respondent's right) places a burden upon appellants in person and must be an irresistible course for a determined and well resourced respondent.

September 1, 2015: The Texas Supreme Court heard arguments from the Texas Charter Schools Association and the other appellants in the school finance case.

More than 600 school districts were appellants in the case before the Supreme Court of Texas arguing that the state's public schools are constitutionally underfunded.

The judge also awarded the sum of N100, 000 in favour of each appellant in the matter, saying, «the proceedings and other decisions taken on May 21, 2016 at the National Convention are hereby set aside.»

The first appellant in MH (Syria), DS (Afghanistan) v SSHD [2009] EWCA Civ 226 had been excluded under Art 1F (c).

The appellant in IH (Eritrea)[2009] UKAIT 00012 was caught by s 72 because he had been convicted of an offence in a category deemed to be particularly serious irrespective of the sentence (sexual assault).

Douglas has had successes in the Court of appeal including Matthews v Metal Improvement Company, Vicar of Spalding v Chubb Fire and was the only successful appellant in the Timmins v Gormley group of judicial bias cases.

In the arbitral award, the tribunal had found the appellant in breach of EU competition law and ordered it to pay damages.

An interaction ensued during which the Respondent Constable Pak punched the Appellant in the face twice, emptied the Appellant's pockets without his consent and... [more]

As a result, the respondent joins the appellant in requesting that the conviction be set aside and a new trial ordered.»

In the 5 - 3 Supreme Court decision in Rilling nearly four decades ago, even if a demand for a breath sample is not made on reasonable grounds, «that breath evidence still applied if the accused complied,» says Michael Welsh of Mott Welsh & Associates in Penticton, B.C., who represented the appellant in the case.

The appellant in this case argued that the mandatory penalty violated his rights under sections 7 and 12 of the Charter.

M&C Energy Group Ltd v St Cuthberts Mill Ltd [2013] EWCA Civ 935: Acting for the successful appellant in the Court of Appeal.

It is quite clear here that the trial judge committed himself to an adverse assessment of the evidence of the appellant in isolation and before hearing the conclusion of her evidence and before hearing the submissions of counsel.

In my view, the trial judge failed entirely to consider the impact of the breaches on the appellant in assessing whether the admission of the evidence would bring the administration of justice into disrepute.

Named as an appellant in the case, Guerin fought the appeal in 1984.

The trial judge found that the program description published by the appellant in its course calendar negligently misrepresented the benefits of its graduate international business management program and thereby breached the unfair practices provisions of the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched.

«The chambers judge interpreted the contract in accordance with contractual interpretation principles, and she viewed with her own eyes the photographic evidence proffered by the appellant in support of its assertion that the respondents had breached the settlement contract.

The Supreme Court unanimously allowed the appeals, holding that the public interest in the removal of an appellant in advance of his appeal is outweighed by the public interest that a right of appeal should be effective.

Somogyi involved an attorney who won an arbitration award for fees owed to him for representing appellant in a dissolution proceeding, with the award of $ 62,881.49 later being confirmed into a judgment.

Ultimately, the practice direction (rather than any particular Rule) was the downfall of the appellant in this motion.

While the appellant in the present case had 3 documented incidents of misconduct during pre-sentence detention (marijuana odour in cell, possession of contraband and making a gross insult at another person), there was not enough evidence to justify denying enhanced credit:

Notable cases include acting for former Dresdner Kleinwort bankers, who succeeded in obtaining bonuses promised by Dresdner Kleinwort to its investment bankers prior to its takeover by Commerzbank in 2008, and Tillman v Egon Zehnner Ltd [2017] EWCA Civ 1054 in which Daniel Oudkerk QC was instructed by the successful appellant in litigation concerning the enforceability of a non-competition clause.

Constable Greenwood was not engaged in any lawful exercise of his duty when he confined the appellant in Constable McDonnell's cruiser.

The appellant's right to be free from arbitrary detention was infringed by Constable Greenwood when he confined the appellant in the back of Constable McDonnell's cruiser.»

The trial judge also failed to consider the qualified nature of the complainant's initial identification of the appellant in the line - up.

-LSB-...] Accordingly, he had no authority to represent the appellant in these proceedings except perhaps as a McKenzie friend.

2012 ONCA 544 (CanLII); Lerners acted for the appellant in this appeal of a judge's decision to dismiss the plaintiff's action for delay at a status hearing.