Sentences with phrase «arguable case»

Orexim's s. 423 and declaration claims did not show a good arguable case of falling within a jurisdictional gateway.

Berger's is in many ways a minimalist Christian proposition, but there is an at least arguable case to be made that it is all that we can with integrity sustain.

The correct test where the claim has a real prospect of success is in three stages: to consider (i) whether the children had a seriously arguable case that they would succeed at trial in obtaining a proprietary interest in the property; and if so (ii) whether either or both parties would be adequately compensated by a damages award; and if not (iii) where the balance of convenience between the parties lies.

The fourth ground on which the statutory demand was set aside was that the court considered there was a strongly arguable case that the second facility was not within the remit of the guarantee.

It was therefore necessary for Yeung to demonstrate that he had a good arguable case involving a substantive question of fact or law to be tried on the merits of his claim.

is a good arguable case for the application of the gateway if there is a plausible (albeit contested) evidential basis for it.

Enforcement will be hampered in arguable cases, and courts will make mistakes, sometimes punishing sincere but unconvincing believers while exempting more convincing fakers.

It's certainly an arguable case, but it is not as though he is swimming against the great tide of public opinion by saying Churchill did great things against the Nazis.

In reality, the court denied Nilsen even permission to bring a claim, as there was no arguable case that any of his human rights were being breached.

A high court judge said they had «an arguable case for seeking the relief claimed by way of judicial review».

Somebody arguing that Cook et al over represents the «consensus» in that Bray and von Storch show the consensus of actual scientists (as opposed to papers) to be 83.5 % has an arguable case.

Is the right answer maybe that first the defendat has to prove an arguable case (whatever that really means:D) with regard to the validity and, if he does, then it is upon the claimant to rebut this?

In the case of a post-judgment freezing order, there is no need to prove you have a «good, arguable case»; you already have a judgment!

[As regards the fourth submission Mr Nathan relies on another dictum of Potter LJ in Downing where he said: «The burden of proving that any of the grounds in s. 9 (4) has been made out lies upon the claimant and, if the defendant can raise an arguable case in favour of validity, a stay should be granted: Hume v AA Mutual International Insurance Co Ltd [1996] LRLR 19.»]

In light of the gap left in the evidentiary record by the carriers, there is no arguable case that the Agency's decision on this issue could be overturned on appeal.

The Ontario Superior Court's decision in David v TransAmerica, 2016 ONSC 177 further clarifies the law surrounding mandatory mediation, an insurer's obligation to attend mediation, and the consequence for failing to attend a voluntary mediation in cases where each party has an arguable case.

However, in cases where each party has an arguable case, each faces a risk of loss by proceeding to trial.

Lord Justice Latham, sitting with Mr Justice Nelson, ruled that «without wishing to give Ms Purdy any optimism that her arguments will ultimately succeed», she did have an arguable case.

In granting Knecht's application for leave to appeal, Alberta Court of Appeal Justice Jack Watson wrote: «[T] he chief has an arguable case regarding the questions.

It had to establish a good arguable case that the parties concluded the alleged jurisdictional agreement.

The issues included whether or not the claimant had established that each cause of action in respect of which he claimed stood a reasonable prospect of success for the purposes of CPR 6.20 and 6.21 and whether, in respect of each of his claims, he had a good arguable case that the claim fell within one or more of the types of claim specified in CPR 6.20.

For a successful result, the applicant must prove that there is a good arguable case, there must be a real risk of dissipation of assets which is often difficult to prove, and it must be just and convenient to grant the freezing order.

The parties disagreed as to the approach that the court should take in respect of the latter requirement in circumstances where there were two conflicting accounts as to what occurred at a meeting, which the court could not resolve on written evidence alone; in particular, where both sides might be said to have a good arguable case.

If it were otherwise it would appear to follow that a defendant who had at least as good a chance of showing that he did not agree to litigate in England as the claimant had of showing that he did, would be likely to find himself compelled to litigate in England, on the footing that, once a good arguable case was made out in favour of an English exclusive jurisdiction clause, discretionary considerations would be unlikely to call for the case to be decided elsewhere.

The relative strength of the prima facie case against the respondents did not preclude the Court of Appeal from finding an arguable case for the Supreme Court to grant leave.

In summary, the Supreme Court's latest decision in the JSC BTA Bank litigation adds to the civil fraud litigator's toolkit: he can now raise a claim in conspiracy founded on contempts of court; he may be able to bring a damages claim for simple contempt; and he can sue in England where there is a good arguable case that a conspiracy has been hatched here.

Having considered our argument - that the negative impact on all women and the wider impact on gender equality should have been part of the strip club policy formulation process - and those of both the Council and Spearmint Rhino, the court said we have an arguable case that should be heard at a judicial review trial.