Sentences with phrase «application of the yardstick»

There the case - law is traced from the seminal speeches in White v White [2001] 1 AC 596 and Miller v Miller; McFarlane v McFarlane [2006] 2 AC 618 through the subsequent increasing sophistication of the impact of the distinction on the application of the yardstick of equality and of the sharing principle (Charman v Charman (No 4)[2007] 1 FLR 1246, Jones v Jones [2011] 1 FLR 1723 etc) and on through the differing approaches adopted at first instance.

Not exact matches

Application essays are to test the aptitude of the students, not just the yardstick that can be used to measure the intelligence of a person.

... the application of the Ramsden v. Dyson, L.R. 1 H.L. 129 principle — whether you call it proprietary estoppel, estoppel by acquiescence or estoppel by encouragement is really immaterial — requires a very much broader approach which is directed rather at ascertaining whether, in particular individual circumstances, it would be unconscionable for a party to be permitted to deny that which, knowingly, or unknowingly, he has allowed or encouraged another to assume to his detriment than to inquiring whether the circumstances can be fitted within the confines of some preconceived formula serving as a universal yardstick for every form of unconscionable behaviour.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.