Not exact matches
But, just
as there is a deviate group who will insist that there is no inconsistency or
unreasonableness in the «official story» about September 11, there are those who will insist that they have incontrovertible proof there is no God even when they believe in Him.
Universities have always paid for the material you used
as a student, Access Copyright just wants them to pay more; to the point of
unreasonableness.
Tamara has vast experience of all forms of Property law representing landlords and tenants
as well
as Lenders in proceedings ranging from standard possession claims to more complex issues of art 8 and
unreasonableness, undue influence in mortgage fraud (Ertridge), Judicial Review and reasonableness of action on the part of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court for orders for sale in mortgage possession proceedings.
In fact, both parties may even agree to use top lawyers even if it means a disproportionate budget so far
as the case managing judge is concerned, albeit he might well comment on its apparent
unreasonableness for the purposes of the record and any subsequent assessment of actual costs incurred.
The standard is «
unreasonableness» and this standard applies to liability
as well
as to amount.
In several situations, however, we've seen that
as we fix a firm's specific invoicing problem (
unreasonableness of time, for example), auditors will begin to move their adjustments to a different category (necessity of work).
Until recently a decision was invalid only if it failed the Wednesbury test (which,
as far
as I can tell, is indistinguishable from «patent
unreasonableness»).
In Dunsmuir, the Supreme Court set out to do two things: first, to simplify the standards of judicial review by eliminating the patent
unreasonableness standard, and second, to strike a balance between upholding the rule of law — that is, ensuring that administrative decision makers adhere to the law
as written by legislatures — and according sufficient deference to the administrative decision maker to allow them to provide substantive «meat» to the legislative bones.
In the case at bar, there was no such abuse of process, and not even
unreasonableness,
as the Alternative Complaints Resolution Process adopted by CARNA under the HPA was excluded in cases where the conduct was criminal.
That particular kind of
unreasonableness resonates with anyone who's read Wu's «Master Switch»: the dinosaurs take over, squeeze out their smaller competitors, raise the cost of entry and milk their now trapped customer base for
as high a rent
as possible.
In the dissenting judges» view, patent
unreasonableness as preserved in the ATA constitutes an error of jurisdiction, and is thus a jurisdictional defect for the purposes of s. 53 of the ATA.
In cases such
as Pham, where citizenship was at issue, it is quite possible that an applicant will be able to claim EU - law rights (to which the doctrine of proportionality applies), Convention rights (to which proportionality also applies, subject to the additional limitation of the «margin of appreciation» at the European level and, perhaps, to a «discretionary area of judgment» domestically [2]-RRB- and the protection of the common law (certainly Wednesbury
unreasonableness and, in some circumstances, the principle of legality [3]-RRB-.
Dunsmuir has stood principally for two things: first (and least controversially), the reduction of the number of standards of review from three to two (eliminating the standard of «patent
unreasonableness»); and second, a purported simplification of what the Supreme Court now describes
as the «Standard of Review analysis» (see Alice Woolley and Shaun Fluker, «What has Dunsmuir Taught?»
In England, these have traditionally been treated
as distinct from Wednesbury
unreasonableness in the sense of a decision - maker who has acted irrationally: it is for the courts to determine propriety of purpose and relevancy of consideration.