Sentences with phrase «by the chambers judge»

The majority found the standard to be applied was palpable and overriding error because the case did not involve a standard form contract and there was no «extricable error of law» made by the Chambers Judge (see para. 7).
[26] Since the water licence was not acquired by the appellant, the appellant is directed to provide the necessary written consent for the transfer to the third party as approved by the chambers judge.
Georgia tried to appeal the award but was denied by the chambers judge.
That the habitual residence of the child was not Montana, as found by the Chambers judge, because the child had formed no connection, there was no «settled intention» given the five - day motel stay;
Therefore, his capacity to pay spousal support was materially greater than the $ 23,029 found by the chambers judge.
In sum, on the record before us, including the presumed facts as adopted by the chambers judge, our view is that it was a palpable and overriding error for the chambers judge to conclude that the allegation of fraud «was rooted only in speculation and conjecture with a mild dose of melodrama thrown in».
Unfortunately, the result of that hypothetical assumption was a finding by the chambers judge that the timeshare operator had acted reasonably within its contractual obligations and that all of the vacation interval owners were liable for payment of renovation fees exceeding $ 50 million.

Not exact matches

Even though operation «Make Chambers a DM» is well and truly under way judging by the last U21s game, and despite the fact that AW has always claimed Chamberlain will become a CM, I am sure it will be Ramsey who gets the role.
Judging by the mail in what is expected to be a pivotal state Senate election, Democrat Shelley Mayer will do the bidding of New York City Mayor Bill de Blasio if elevated to the upper chamber of the Legislature.
The judge cited points of order raised in the Commons chamber yesterday afternoon by shadow culture secretary Harriet Harman.
Owego Judge Vincent A. Sgueglia was censured by the state Commission on Judicial Conduct for having a loaded gun, which accidentally went off, in his chambers.
Section 2 (1) of the Terrorism Act states that «where two or more persons associate for the purpose of, or where an organisation engages in: (a) participating or collaborating in an act of terrorism; (b) promoting, encouraging or exhorting others to commit an act of terrorism; or (c) setting up or pursuing acts of terrorism, the judge in chambers may on an application made by the Attorney General, National Security Adviser or Inspector General of Police on the approval of the President, declare any entity to be a proscribed organisation and the notice should be published in the official gazette».
The judge also held that the issuance of the proscription order by him in the chambers following an ex parte application was in accordance with the provisions of the Terrorism Prevention Act.
Amedore was not in the chamber today for the first day of the legislative session, despite the election being certified by a lower court judge.
Owners of the cart, called the Wandering Dago, sued the state and are now asking a federal judge to sanction the state for «spoliation» of emails sent by former Cuomo adviser Bennet Liebman to officials in the executive chamber.
Mount Vernon — The Council Chambers in Mount Vernon City Hall were filled to capacity, with dozens outside the two doors trying to look in from the corridor, for the Swearing In Ceremony of Judge Nichelle Johnson Muhammad, who was appointed by Mayor Richard W. Thomas to Mount Vernon City Court, Tuesday afternoon.
Times Union photo by SKIP DICKSTEIN - SEPT. 14, 1998 — COURT OF APPEALS CHIEF JUDGE JUDITH KAYE IN HER CHAMBERS IN THE COURT OF APPEALS BUILDING IN DOWNTOWN ALBANY.
He said: «Miss Constance Briscoe, a recorder and fee - paid tribunal judge of the first - tier health, education and social care chamber, has been removed from judicial office without further investigation by the lord chancellor and the lord chief justice following her conviction and sentence for perverting the course of justice.
If one of the commissions fails to reach a compromise by the deadline, the process for that chamber is turned over to a panel of six appellate judges.
Although that possibility appeared remote, the five - judge panel, headed by Fausto Izzo, remained closed in their chamber for 10 hours before confirming the lower court's decision.
The entire surface of each chamber was imaged once per hour until surface coverage was complete as judged by eye.
by Bill Chambers Those planning on taking in Roland Emmerich's The Day After Tomorrow this weekend solely to judge the credibility of its disaster - movie hijinks would be better off buying a ticket to its competition in several North American markets, Jafar Panahi's Crimson Gold (Talaye sorkh), in which a scenario of inevitable, cyclical doom unfolds with astonishing veracity.
Too often what is won in one legislative chamber dies in another, or is vetoed by the governor, or is found unconstitutional by politicized judges.
He persuaded the college to liberate part of its endowment from its traditional, highly conservative strictures, and it is this «Discretionary Portfolio» which has been tracked by David Chambers and Elroy Dimson of Cambridge's Judge Business School.
Judging by the wide circulation in the denial echo chamber this article is a perfect rehash of the old tobacco tactics.
the Chambers Judge erred in excluding affidavits tendered by the appellant and in refusing to allow the appellant to cross-examine a number of Hospital staff.
Writing in NLJ this week, barristers Charles Auld, St John's Chambers, and Kate Harrington, Magdalen Chambers, say there has been «a slow by recognisable change» in the relationship between executive and judiciary since the Second World War, and argue that judges should have a «greater cross-section of experience».
Giving the Howard League lecture this week, Sir James said the change could be introduced incrementally by deploying family judges to sit in the youth court, immigration and asylum chamber, and health, education and social care chamber.
This is to avoid a too specialized case law by one judge or by one chamber.
You may be able to find out how the judge you are interested in clerking with recruits by contacting their chambers.
The College appealed to the Court of Appeal on several grounds, including that the chambers judge failed to apply a reasonableness standard of review while improperly re-weighing the evidence, and erred in finding the decision unreasonable by improperly requiring the inquiry committee to weigh the respondent's version of events.
It has been endorsed with a foreword by the eminent former Court of Appeal Judge, Sir Bernard Rix, whose judgment in FLS v Laker [1999] EWHC B3 (Comm) is still the leading English decision on «same chambers» conflict of interest in international arbitration.
Today, the fallout from Chambers» Twitter joke grew even worse, as he was found guilty by District Judge Jonathan Bennett of sending a menacing electronic communication contrary to the Communications Act of 2003.
[10] And, quite apart from avoiding the multiplicity of actions — the mischief sought to be avoided by s 8 of the Judicature Act and R 1.3 of the Alberta Rules of Court, a proposition for which there is also ample case authority — the chambers judge properly adhered to the urging of the Supreme Court of Canada in Hryniak v Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87 to the effect that courts are obliged to resolve legal disputes in the most cost - effective and timely method available, provided the process selected ensures fairness between the parties.
The appellant submits that he has three grounds of appeal: that the chambers judge erred in concluding that the damages could not be quantified; that the judge erred in dismissing the claim when the appellant already had two default judgments against the defendants; and that the judge erred by dismissing the claim on his own motion without notice to the appellant...
Chief Justice Fraser would have granted the applicants public interest standing and reviewed the chambers judge's conclusion that the application was an abuse of process because it was not brought before the courts by way of the proper legal vehicle.
Did the chambers judge err in granting summary dismissal of the appellant's claim in the absence of a formal application by the respondents?
«The chambers judge interpreted the contract in accordance with contractual interpretation principles, and she viewed with her own eyes the photographic evidence proffered by the appellant in support of its assertion that the respondents had breached the settlement contract.
CCD has intervened in this appeal because of a concern that the comparator group analysis adopted by the learned Chambers Judge has the potential to undermine the right of all persons with disabilities to accommodation in a variety of settings.
METHODOLOGICAL NOTE: Top judges have been defined as those that sit on the High Court and Court of Appeals and top QCs as those ranked in the top 100 by Chambers UK, the UK's leading legal directory.
That application was dismissed because the chambers judge found that the case was not suitable for determination by summary trial given the credibility issues.
For example case management justices dismissing cases in Alberta contrary to the rules of court or single judges sitting dismissing appeals at Court of appeal (very prevalent in Alberta) and chambers judges and masters acting like they are trial judges (masters dismiss cases and act outside of the jurisdiction allowed by the QB Act)
He writes interestingly about his practice of insisting that his clerks call him by his first name instead of the usual chambers honorific «Judge
The Court of Appeal disagreed with the chambers judge's view that the internal investigation was in contemplation of litigation, and that information deriving from the investigation would be covered by litigation privilege.
Certified in Civil Trial Law by the Texas Board of Legal Specialization, Chambers USA states that he is a «very skilled courtroom advocate who knows the law, but also has a manner that connects with local judges and juries.»
[28] Having properly taken jurisdiction and made the necessary findings about the children's status, in our view the chambers judge then ought to have ordered the necessary adjustment to the appellant's child support obligations by utilizing the appellant's actual Line 150 income information from employment, evidence that was available and uncontroverted.
Finally, the majority held that the chambers judge did not err when concluding that balancing safety interests against privacy interests should be done by the arbitration panel, and held that in the interim, the balance of convenience favours Unifor's position (Unifor, ABCA 2018 at paras 14, 19, 20).
Whereas the Chambers Judge found that, «[f] or the purposes of his application, the defendant accepts that the Crown made this Social Covenant...», and that the doctrine of the honour of the Crown could be applicable (see at paras. 24 - 25), the Court of Appeal disagreed, finding «The idea that inspirational statements by a prime minister containing vague assurances could bind the Government of Canada to a specific legislative regime in perpetuity does not, in any way, conform with the country's constitutional norms».
Judged by an independent & impartial panel of experts, The British Legal Technology Awards are open to law firms, barristers» chambers, in - house legal departments and suppliers.
In addition, the students were accompanied by Ms. Mullin on a visit to the chambers of Judge Alfred V. Covello, Senior U.S. District Judge for the District of Connecticut, and attend a sentencing hearing.
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