Sentences with phrase «at first instance by»

Their claims had originally been rejected at first instance by Mr Justice Tugendhat -LRB-[2005] EWHC 480 (QB), [2005] All ER (D) 402 (Mar)-RRB-.

Many civil and criminal matters are dealt with at first instance by state trial courts.

Thus the Court of Appeal considers mostly only the «big money» cases tried at first instance by Family Division judges.

Green v. Law Society of Manitoba, dismissed at first instance by the Manitoba Court of Queen's Bench, was recently heard by the Manitoba Court of Appeal.

Not exact matches

One way of viewing the religious crisis of our time is to see it not in the first instance as a challenge to the intellectual cogency of Christianity, Buddhism, Islam, or other traditions, but as the gradual erosion, in an ever more complex and technological society, of the feeling of reciprocity with nature, organic interrelatedness with the human community, and sensitive attention to the processes of lived experience where the realities designated by religious symbols and assertions are actually to be found, if they are found at all.

«But this takes effect in the very first instance at just his point of being»: by giving himself over to non-being which poses as being, he falls victim to it.

If weng was being serious he'd have offered # 50m at first instance and could have had his target for under # 60m before our rivals would override us by making offers less likely to waste everbody's time.

• In each of the two previous instances where OM have lost the first away leg by a one - goal margin, they have managed to turn the tie around at home — against Dukla Praha in the 1969/70 European Cup Winners» Cup (0 - 1 away, 2 - 0 home) and Lech Poznań in the second round of the 1990/91 European Cup (2 - 3 away, 6 - 1 home).

Sir Alex's initital interest of continental competition was stirred when he attended the 1960 European Champion Clubs» Cup final — hosted at Hampden Park in his native Glasgow — and won by Real Madrid CF. «That was probably the first instance of recognising what real European football was,» said the Manchester United manager.

If you would like to talk through options and / or book some support, please contact our National Practice Development Manager Jeszemma Garratt in the first instance: by email at [email protected] or tel [phone].

However, if you are way below or way more than what your average weight gain at 20 weeks pregnant should be, it could be an indication of troublel In such instances you need to speak to your health care provider and if required, make immediate dietary changese For the first month or two, you won't really gain much weight, but by the time you are 20 weeks pregnant, your total weight gain should be at least 8 to 10 poundsd You can expect to gain between half a pound and one pound during the 20th weeke This trend is likely to continue for the rest of your pregnancy tooo

For instance, according to the complaint, an «external affairs manager» at the company «purposefully» omitted Percoco's wife's last name from education program brochures and directed her «to refer to herself by her first name when in classrooms.»

At least five deaths and dozens of hospitalizations, for instance, are believed to have been caused by a compound called Bromo - Dragonfly that was first developed in Nichols's Purdue lab and is now produced for Westerners in China.

That's why it's important to prevent contaminants from getting into the source water in the first place, for instance by installing wood chip bioreactors on farms to reduce nitrates in runoff water, says Michelle Soupir, a water quality engineer at Iowa State University in Ames.

For instance, note the NNT of 35 for statins (cholesterol - lowering drugs) in the primary prevention (avoiding a first - time event) of any bad thing (such as a heart attack), according to a table provided by the journal Bandolier, found at http://tinyurl.com/mrxngz.

Led overall by researchers at Aix - Marseille Université in France, Dr David Armstrong and colleagues at the University of Warwick's Astronomy and Astrophysics Group independently detected the planet in the first instance, alongside researchers at the Universidade do Porto.

In a new study led by The University of Texas at Austin, scientists have documented the first clear - cut instance of the reverse — a massive earthquake immediately triggering a series of large slow slip events.

Through such evolutionary processes, a drug that targets telomerase could seem effective at first, only to be defeated by the cancer cell line if it can (for instance) more effectively break the drug down, or prevent the drug from entering its cells, or put out the biological equivalents of the «chaff» and flares that are used by fighter jets to ward off the targeting systems of hostile missiles.

Any claims in respect of FilmOn must be notified at the time of such claim allegedly arising, or as soon as reasonably practicable thereafter, in writing, addressed in the first instance by email to the contact details provided in the «Contact Us» section of this website.

This game is definitely aimed at the younger Pokemaniacs, but older fans like myself can still get enjoyment out of it if they keep an open mind, it's not as good as the first PokePark game do to looser controls and by just not being as much fun, but it manages to expand on what the first game offered in the way of new content, for instance this time you don't just play as Pikachu but also Tepig, Snivy, and Oshawott after you meet them, and you can switch between them on the fly anytime you want, and you'll need to use each of their special abilities in your adventure, it also adds side - scrolling sections and a few other new features to keep things fresh, it also has some multiplayer attractions to play with so that's also nice, and you'll still be befriending all sorts of Pokemon just like the last game, you also get free roam after the main quest so you can make sure to befriend them all, and it's all adorable do to the cute graphics and world, even the loading screens are adorable, and as a gamer who typically plays more serious and violent games it was nice to spend time in the lighthearted PokePark with some of my favorite Pokemon, I recommend it and I definitely see myself returning in the days to come.

For instance, first the Little Miss Perfect virgin Corey (Liv Tyler, still wearing her schoolgirl outfit from the Aerosmith video «Crazy») has her plan to offer herself to sleaze idol Rex Manning (a typecast Maxwell Caulfield) blow up in her face, then Corey's best male friend, A.J. (Johnny Whitworth), ruins what they have by telling her he loves her, then the filmmakers decide, out of the blue and halfway through the film at this point, that Corey is addicted to diet pills.

One of the first instances was right at the start when my ship collided with Zorah Magdaros — the controller vibrated each time I was jostled around by the monster.

Notably, the effects of a minimally effective rating on retention and performance occurred at the end of IMPACT's second year, when the political credibility of the reform had been affirmed by the appointment of Kaya Henderson as chancellor and by the first instance in which teachers (roughly 140) were fired for having two consecutive «minimally effective» ratings.

By the time they were scheduled to open their restaurant at the end of the school year, the first graders had made group decisions about every aspect of their restaurant, from the cuisine (Chinese) to the restaurant's name (Golden Dragon) to the menu (for instance, the class selected Eleanor's dumpling description to appear on it).

(For instance, take a look at the screenshot of the Comix Experience digital storefront, above — why are we seeing a list of publishers in alphabetical order on the landing page, rather than images of recommended comics, or at the very least, publishers ranked by popularity rather than the first letters of their names?)

For instance, assuming there were fires on the premises of two homes — an occupied home and a vacant home — the fire taking place at the former would, in theory, result in lesser damage since it would likely be reported first by its inhabitants and would be put out more quickly.

The elimination of commission and lower expense ratio seems to be minimum at first instance, but over the long run, it will make a lot of difference in returns generated by the mutual fund.

In the first instance, the owners tried yelling at the dogs, hitting them, spraying a hose on the dogs, and eventually separating them in the home by baby gates.

For instance, Oscar Mike's first mutation I unlocked allows him to choose a new ability at level seven (in this case, I could choose to increase his basic assault rifle damage by 17 %, which goes a long way in competitive).

The journey was shaped in part by chance: a quarter century after having first encountered Munch's art at MoMA, for instance, Johns received a postcard of Munch's Self - Portrait between the Clock and the Bed, 1940 - 43, from a friend who had noticed similarities between the bedspread in the painting and Johns's crosshatch motif.

While these images would seem at first to be fairly simple atmospheric, realistic renderings of colorful balls, a closer examination will reveal that the surfaces of Gibson's paintings are deeply scored by the artist in geometric patterns that sometimes conform to, and in other instances defy, the outlines of the spheres rendered in paint.

The brand name, Nozomi, was chosen by the restaurant founders because in the first instance it's the name of a Japanese high speed bullet train, and at the same time it means «fulfilled dream»; two meanings that Herrera and Morell wanted the brand identity to represent — a mixture of traditional and contemporary.

Her work was included in a group show at Peggy Guggenheim's gallery, Art of This Century, in 1944, where it was seen and admired by both Pollock and Clement Greenberg, who later cited it as the first instance of «all - over» painting he had seen.

As with everything in this technology driven society, there is a buzzword at work and in this instance it is the word Atemporal, a phrase first coined by science fiction writer William Gibson `' to describe a cultural product of our moment that paradoxically doesn't represent, through style, through content, or through medium, the time from which it comes».

For instance, Edward Poitras's Vita Brevis (1992), a coyote sculpted from bones, braying beneath hanging circuit boards and radio parts, is flanked by Kader Attia's Colonial Modernity: the first mass in Brazil and Algeria (2014), a diptych of replicated 19th - century colonial paintings, and Paulo Nazareth's Anthropology of black II (2014), a stark black and white video shot at the Hospital Colônia in Brazil where society's «undesirables», largely people of Indigenous and African descent, were tortured through the 20th century until its closure in 1980.

Yet in the global warming issue, we see instances where a major organization promoted the chairman of the Intergovernmental Panel on Climate Change (IPCC) as a Nobel laureate when he is not, and another organization similarly promoting a prominent IPCC scientist as a Nobel laureate when he is not, and the long - term promotion of book author Ross Gelbspan as a Pulitzer winner when he is not, a problem first revealed long ago by Steve Milloy and expanded upon at this blog.

While the General Court at first instance ruled in favour of EFSA's decision of non-disclosure of the names of the experts, this decision, contested by the claimants, was annulled by the ECJ in the present case on the ground that the need to disclose the personal data had been sufficiently established by the claimants through their allegations of the existence of a climate of suspicion surrounding the authority.

At the Federal Court of Appeal, the essential elements of the Federal Court disposition with regard to required accessibility were confirmed even though some elements of the first instance decision were varied, especially to remove the declaration of infringement by the government and the disposition to the effect that the Federal Court was keeping jurisdiction to ensure the effect of its declaration (Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)-RRB-.

At first instance before the BVI High Court Commercial Division the application for service out was refused by Bannister J., who felt constrained by the strict wording of the CPR.

At first instance, the trial judge found that Interactive was unable to establish an arguable cause of action that was not precluded by the exclusion clause.

Erste Group Bank AG v JSC VMZ «Red October» [2014] BPIR 81 (Comm Ct); [2015] 1 CLC 706 (CA)(with Richard Snowden QC and Richard Morgan QC): substantial jurisdiction challenge at first instance and on appeal in relation to conspiracy claims brought by an Austrian bank against Russian state - owned entities.

Estafnous v London & Leeds Business Centres Ltd [2009] EWHC 1308; [2011] EWCA Civ 1157 Acted for the defendant, both at the first instance and in Court of Appeal, in the successful defence of a claim brought by an estate agent for a commission payment of # 2 million.

The motion was heard by a Master at first instance.

At first instance, the Reviewing Judge held that the decision to impose catch limits by the Agency were irrational in based on established Public Law principals and that, in the absence of compensation, they unlawfully interfered with Mr Mott's right to peaceful enjoyment of his possessions under Article 1 of the First Protocol to the European Convention on Human Rights («A1P1&raqfirst instance, the Reviewing Judge held that the decision to impose catch limits by the Agency were irrational in based on established Public Law principals and that, in the absence of compensation, they unlawfully interfered with Mr Mott's right to peaceful enjoyment of his possessions under Article 1 of the First Protocol to the European Convention on Human Rights («A1P1&raqFirst Protocol to the European Convention on Human Rights («A1P1»).

The administrators had pleaded at first instance that the sisters should have taken steps to bring that knowledge to the attention of the co-directors, the attention of the firm's auditors and of the syndicate of banks whose loan funds had been misappropriated by Shaid Luqman.

At first instance, the High Court held -LRB-[2006] EWCA Civ 1656, [2006] All ER (D) 49 (Dec)-RRB- that the use of the O2 bubble marks by 3 was a breach of O2's rights under Art 5 of the Trade Marks Directive 89/104 / EEC (TMD), but said that the advertisement complied with the terms of the Comparative Advertising Directive 97 / 55 / EC (CAD) and so Art 6 (1) of the TMD, which provides a defence for «indications concerning the kind, quality and quantity, intended purpose, value, geographical origin, the time of production of goods of rendering of the service or other characteristics of the goods or services... provided [they are used] in accordance with honest practices in industrial or commercial matters» which meant there was no infringement.

At first instance, the LVT took the view that even if the protection afforded by the consultation requirements in sub-paras 4 (4) to 4 (7) were dispensed with, the leaseholders would still have the substantial protection of the safeguards set out in s 19.

The Court of Appeal agreed with the first instance judge that the claim was time - barred but held that his cause of action accrued when he acted on the alleged negligent advice in 1997; an earlier date than that found at first instance (it also agreed that the claimant could not successfully overcome the limitation defence by relying on the provisions of s 14A of the Limitation Act 1980).

At first instance, the Claimants had succeeded in their breach of contract claim in which they argued successfully that the contract had been improperly terminated by the Defendant.

It was recognised by all parties that the Court at first instance would be bound to follow the decisions in Goldacre and Luminar and find that the March 2012 quarter rent was not payable as an expense of the administration and therefore only provable as a debt in the administration.