Sentences with phrase «at common law in»

Upholding that decision, Silber J noted that the legislation required use of the civil standard but held that the position would have been the same at common law in the light of Re B and D.

Both appellants (Austin and Saxby) claimed damages for distress and also aggravated and exemplary damages, at common law in the tort of false imprisonment and under the Human Rights Act 1998, s 7 for alleged unlawful detention, contrary to their Art 5 Convention rights, essentially arguing that they should have been released from the police cordon much earlier than they were.

(1) whether the onset of deep vein thrombosis («DVT») sustained during the course of, or arising out of, international carriage by air, whether as a result of an act and / or omission of the carrier or otherwise, is capable, in principle, of being «an accident» causing bodily injury within the maening of Article 17 of the Warsaw Convention, (2) whether a claim against an air carrier for personal injury or death alleged to have been sustained during the course of, or as a result of, international carriage by air can be brought at common law in the alternative or in addition to a claim under the applicable version of the Warsaw Convention, (3) whether the Human Rights Act 1998 applies to claims brought against air carriers under the Warsaw Convention and / or at common law in relation to personal injury or death alleged to have been suffered by a passenger during the course of, or as a result of, international carriage by air and if so with what result.

Bankruptcy petitions — individual voluntary arrangement — setting aside judgment for fraud — estoppel — HMRC's duty of care towards taxpayer under statute and at common law in assessing tax — misfeasance in public office.

This is not the position in England and Wales, where claims for pleural plaques alone will not succeed, and was not the position at common law in Scotland, prior to the Act.

An employee will be entitled to reasonable notice of termination at common law in these circumstances.

This despite the fact that the right to procedural fairness at common law in Canada is said to be «autonomous» of any particular statutory provision.

An employee will be entitled to reasonable notice of termination at common law in these circumstances equivalent to nine months.

The action was initially dismissed on the grounds that the tort of invasion of privacy did not exist at common law in Ontario.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

«The environment is evolving toward what I would call a highest common denominator,» says Paul Conlin, a lawyer at Norton Rose in Ottawa specializing in bribery law.

Delaware law and provisions in our amended and restated certificate of incorporation and amended and restated bylaws that will be in effect at the closing of our initial public offering could make a merger, tender offer, or proxy contest difficult, thereby depressing the trading price of our Class A common stock.

It's increasingly common to find Narcan with law enforcement and on school campuses, thanks in part to Adapt's efforts to give the drug away or at a discount.

Well as I look at it, you and the in - laws seem to have a lot in common.

Now all my tales are based on the fundamental premise that common human laws and interests and emotions have no validity or significance in the vast cosmos - at - large.

But the God of the gospel is for them also the God of the law, at work in the secular realm where the churched and the unchurched share a common ground.

Taking a page out of the First Things playbook, Jackson urges Muslim Americans to «articulate the practical benefits of the rules of Islamic law in terms that gain them recognition by society at large,» something that can be done by drawing on the Islamic tradition of practical reasoning that has family resemblances to the Catholic use of natural law and Protestant analysis of «common grace.»

Nevertheless, a nation should include at least such elements as common commitment to the rule of law, generally accepted limits on political power and rhetoric, belief in constitutional governance, the rights of citizens, etc..

Instead Little argues the common law was in a fluid state at the time, seeking principles of legal interpretation for frequent new activities and conflicts.

Scheurl, who had been Dean of Law in the early days at Wittenberg, had written to Luther in January formally requesting his friendship on the basis of their common admiration for Staupitz.

The Court's own case law shows that in order to maintain the abortion right at the level of fundamental law, many other sectors of the states» legal order, at both statutory and common law, need to be altered: family law, marriage law, laws regulating the medical profession, and, as we now see with the recent circuit court decisions, criminal laws prohibiting private use of lethal force.

At present Japan, the Philippines and Hong Kong are prominent examples where this power is vested in the ordinary courts, as is more commonly done in common law systems.

But in the towns, the introduction of Christian discipline, at least as it was understood by the preachers, amounted to the regulation of the whole common life by laws designed to render the church omnipresent.

«Product liability exposure both at common law and under the Australian Consumer Law, all remain in place,» Lederman salaw and under the Australian Consumer Law, all remain in place,» Lederman saLaw, all remain in place,» Lederman said.

As to the effect of that decree, the Court of Appeals in the Gaidry case held that the cancellation of McIlhenny's trade - mark could not affect his rights, if he, in fact, had acquired, at that time, a common law technical trade - mark; that a trade - mark, if it exists, exists independently of registration, and that cancellation does not extinguish a right which the registration did not confer, citing Edison v. Thot.

Because breastfeeding at work laws vary from place to place, it is common for problems to be encountered when breastfeeding a newborn, just as women can encounter problems when breastfeeding in public.

Also http://time.com/money/4116161/alimony-reform-spousal-support/: «Unlike child support, which is common when divorcing couple has kids, alimony awards have always been very rare, going from about 25 % of cases in the 1960s to about 10 % today, said Judith McMullen, a professor of law at Marquette University.

The two best countries to see this are Switzerland, which has referendum voting at the Federal Level and The United States, which has some system of referendum voting at the state level (The most common being referral voting, where the legislature can opt to pass a law by citizen vote, which is available in all 50 states.

The law states: «When the county executive delivers his annual report to the county legislature he should do so at a regular meeting... in accordance with long - standing practice and common sense.»

The Buffalo Common Council is again looking at a gender equality law for the city and city government, with a crowded public hearing Tuesday night in the Council Chambers.

«It's common practice to extend laws to allow more time to fully gauge and measure their effectiveness, especially when that law is intended to protect good - paying, middle - class jobs that are at the heart of New York City's tourism economy,» Bronx Councilman Ritchie Torres, one of the bill's sponsors, said in a statement.

Kingston's Common Council Laws and Rules Committee meets next on Wednesday, May 16th at 6:30 pm in Conference Room # 1 (top floor) at Kingston City Hall located at 420 Broadway in Kingston.

Also at 10 a.m., Albany Mayor Kathy Sheehan, Albany Police Chief Brendan Cox, and Albany Common Council Member Cathy Fahey will hold a press conference to announce that the City's new firearm safe storage law is now in effect, rotunda, City Hall, 24 Eagle St., Albany.

«They do not enforce it at all,» said Paul Brown, president of the Buffalo Building Trades Council, who lobbied the Common Council to pass the law in 2006.

Addressing Ukip activists at the party's conference in Doncaster, Amjad Bashir said: «Ukip will ensure all communities are aware and adhere to the supremacy of British law, whether it is criminal law, civil law, common law or other,» he said.

It warned that they should desist from flouting the law of the land and stop wasting the common patrimony of the people of the state on political jamboree at a time when the INEC had not permitted political rallies in the state.

According to Gerald Benjamin, the director of the Benjamin Center at SUNY New Paltz and a leading expert on state constitutions, especially New York's, the Attorney General «was empowered without the constitution,» but instead in common law, to become what it is today.

«These claims are common, but they're myths,» said Neil M. Richards, JD, privacy law expert and professor of law at Washington University in St. Louis.

The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.

In addition to these basic laws of success, we at Alitura have observed and experienced that successful people have something else in common, their healtIn addition to these basic laws of success, we at Alitura have observed and experienced that successful people have something else in common, their healtin common, their health.

At the very beginning these two characters do not seem to have much in common — having spent a great deal of time on opposite sides of the law — but by the end we see just how similar they really are.

Even within the 18 states with anti-bullying laws aimed at protecting both sexual orientation and gender identity, and within «blue bubbles» like California, both discomfort and neglect are common, according to Vincent Pompei, director of the Youth Well - Being Project at the Human Rights Campaign, the largest LGBTQ civil rights organization in the U.S. Pompei noted that attendees at a recent training in Southern California couldn't differentiate sexual orientation from gender identity.

In point of fact, we've had many disagreements of late, from Common Core to teacher evaluations, from the stacked (or not) agenda at the NewSchools shindig to whether the Elementary & Secondary Education Act (progenitor of both NCLB and ESSA) was or wasn't a civil rights law.

The proposed law would allow the currently adopted Common Core State Standards in English and math to remain in place for at least the next year — but it would prohibit the State Board of Education from adopting any national assessments that are created specifically for the Common Core.

In the run - up to the competition, 13 states changed their laws to create or allow more charter schools in their states, and at least 41 states have agreed to enact common academic standards in English and matIn the run - up to the competition, 13 states changed their laws to create or allow more charter schools in their states, and at least 41 states have agreed to enact common academic standards in English and matin their states, and at least 41 states have agreed to enact common academic standards in English and matin English and math.

Unfortunately due to the copyright laws in my country I can not tell you what this flaw is but if you have any common sense at all you will figure it out on your own.

The Common Law assignment writers associated with us have been recruited from the leading law colleges across the globe, and each one of them has significant work experience in guiding scholars at the different academic leveLaw assignment writers associated with us have been recruited from the leading law colleges across the globe, and each one of them has significant work experience in guiding scholars at the different academic levelaw colleges across the globe, and each one of them has significant work experience in guiding scholars at the different academic levels.

The discrepancy between community property and common law became even more pronounced at higher income levels, in particular when there was a large difference in income between spouses.

Every pension account in which the contributor is in a marriage or common - law relationship at the time of retirement is considered a joint pension plan.