Sentences with phrase «case exercise of their discretion»

In its Octane opinion, the Supreme Court applied a much more flexible standard, ruling that trial courts should award fees «in the case - by - case exercise of their discretion, considering the totality of the circumstances.»

Not exact matches

In the event of a change of control (as defined in the plan), the compensation committee may, in its discretion, provide for any or all of the following actions: (i) awards may be continued, assumed, or substituted with new rights, (ii) awards may be purchased for cash equal to the excess (if any) of the highest price per share of common stock paid in the change in control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be accelerated.

However, even if you believed you'd found a brilliant and unassailable argument as to why failure to prosecute in this case constituted one of the rare exceptions to the general presumption that a prosecutor is acting permissibly when exercising prosecutorial discretion, you would still run into the problem of standing.

We find it very bizarre that the Hon. Attorney - General, Ms Gloria Akufo, who assured the entire citizenry of her commitment to fairness and strict adherence to ethical principles at her vetting not too long ago, will claim that she exercised the said constitutional discretion on grounds merely that there was a lack of evidence to prosecute the case in question when indeed, the Siting Judge, Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from same.

Bank of Ghana after noticing the so called irregularities in the operations of these institutions and knowing very well that customers of these institutions were not from Cambodia but rather Ghanaians whom they own an outstanding responsibility of offering financial security and protect their intetest should have thought about rolling out measures which would refund the various investments but because we live Ghana, our those wielding power can abuse it and exercise foul discretions without penalization, they rather decided to muddy the whole case in a deliberate attempt to deny or make refund impossible, a true Ghanaian way of seeking the fall of others.

Their views on such matters as conviction rates and plea bargains reveal that Mr. Laquidara, who also has the Working Families Party and Green Party lines, has the right sensibility: He recognizes the need for aggressive prosecution of repeat offenders and those accused of violent crimes, but he also sees the need to exercise discretion in certain other cases, balancing justice with the office's limited resources and the need to prevent case backlogs.

As I stated in a letter to the editor a few years ago and as repeated elsewhere, denials of certiorari convey no decision upon the merits of the case; the high court is merely exercising its discretion not to affirm,...

Working with law enforcement and the animal welfare community to help distinguish between these situations, and supporting law enforcement's exercise of discretion to treat cases as criminal when appropriate and to refer other cases for intervention that will provide support to pet owners, is a linchpin of our efforts.1

Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions raised in the motion are vital to the final issue of the case, or b) the orders are clearly wrong, in the sense that the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts.

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

If the extradition judge finds that this ludicrously low bar has been met, the case then moves to the Minister of Justice, who in the exercise of their discretion, can order extradition.

A failure to seek interim relief can be a factor in the final exercise of discretion in the case.

... I conclude that the principles of law which govern the exercise of the Court's discretion in the circumstances of this case may in summary form be stated as follows: The defendants must establish that there has been inordinate delay and that this delay is inexcusable.

Counsel would be well advised to ask for special costs, or increased costs, where the nature of the case, or the conduct of the parties, might lead the court to exercise its discretion to award same.

Crown discretion is generally treated as sacrosanct, but in rare and exceptional cases a court will look into the reasons behind the exercise of discretion.

[31] Other factors relevant to the exercise of the discretion are whether excluding the document would prevent the determination of the issue on its merits: Hoole v. Advani, [1996] B.C.J. No. 522; and whether, in the circumstances of the case, the ends of justice require that the document be admitted: Jones, Gable & Co. v. Price (1977), 5 B.C.L.R. 103; Wu v. Sun, 2006 BCSC 1890; and Adamson v. Charity, 2007 BCSC 671.

On the subsidiary question of whether or not he should exercise his discretion not to set aside, impliedly conferred on the court by s 339 (2) and considered at paras 26 — 28, the judge held that such discretion as he had should only be used in circumstances which are «extremely rare», and Haines's case, in his view, was not within that category.

A criminal case related to Marijuana in Minnesota could potentially be prosecuted in either state of federal court (or both), depending upon the facts claimed by police, and upon the exercise of prosecutorial discretion.

Part 36 can be used in respect of issues in the case but may not be used in relation to interim applications (in respect of which the court will exercise its usual discretion as to costs under CPR 44).

It's difficult to comment on individual cases because «the prosecutors will exercise their discretion in each of those cases,» Ganley says.

Consequently, the appeal raised essentially two questions: (i) whether this is the type of case in which the court acting in accordance with established principles or any logical extension of these can grant injunctions of the type sought; and (ii) if so whether it should do so in the exercise of its discretion.

When considering whether to exercise this discretion, the court must consider all the circumstances of the case including six factors:

Although not a basis of the Tribunal's ultimate decision, it should be noted that a distinction was drawn in this case between a partner in name alone and one exercising appropriate discretion and control over the partnership.

However, the case law is clear that it is a matter of discretion for the trial judge in the civil proceedings to decide whether to adjourn (Jefferson v Betcha [1979] 2 All ER 1108) and one to be exercised «with great care» only where there is «a real risk of serious prejudice» (R v Panel on Takeovers and Mergers, ex parte Fayed [1992] BCLC 938).

Therefore, there is really no substitute in evaluating how judges will exercise that discretion for the collective experience of an attorney who has been through the process many, many times before the particular group of judges who are likely to handle your individual case.

The CPS should: «Set out in advance how it intends to approach the exercise of discretion in any given category of case... Explain how any given decision has been reached.

[span style = «font - size: 12.16 px; line - height: 15.808 px;»] He leads his audience to believe that the primary reason for delay is that Crowns are zealously prosecuting every charge that comes before them without any considered reasonable exercise of discretion, that no charge gets diverted and no case gets resolved.

In this case, in the exercise of his discretion, the learned chambers judge, who was also the case management judge, decided that the interests of justice favoured disclosure and ordered that the clinics and doctors provide the representative plaintiff with the names and contact information of those individuals who were injected with Dermalive, a cosmetic filler, which is alleged to have caused granuloma, a medical condition.

[62] Like the trial judge, this court can do no better than exercise its discretion based on all of the relevant factors in the particular case before it.

The exercise of the discretion is dependent on the individual facts of each case.

«Although the Court of Appeal states that an interim order is to be used only in extraordinary cases, significant discretion is given to the Inquiries Committee in making the determination, which if exercised, is almost impossible for a health professional to challenge,» he says.

It [was] also submitted that in cases of contested ancillary relief proceedings if the order made is liable to be set aside under s 339 then as a matter of course the statutory discretion should be exercised against making any such order.»

In June 2017, a Law Society practice note reminded legal aid defence solicitors that they can exercise discretion when deciding to accept cases if the work threatens the viability of their firm.

Furthermore, related cases have ruled that adults who allow kids onto their land must exercise a higher degree of care for their safety because the kids haven't arrived at their «age of discretion.»

After the suggestion of the senior advocate, K V Vishwanathan, it was finally decided that Section 13B is «not mandatory but directory» and it will be up to the courts to exercise their discretion depending on the facts of each case.

Then again, Paul Daly has raised the intriguing possibility (though by no means a certainty) that Crown prosecutors in Quebec, could, in such a scenario, simply exercise discretion to prosecute cases of assisted suicide.

In Shane Anthony Cooley (By His Father and Litigation Friend Peter Anthony Cooley) v Ramsey [2008] EWHC 129 (QB), the High Court was asked to consider whether it had jurisdiction to grant permission for proceedings to be served in Australia in a case where a British citizen had been left grossly handicapped as a result of a road traffic accident which had occurred in Australia; and whether, if so, it should exercise its discretion in the claimant's favour.

The announcement quotes SLJ co-chair John Salsberg as saying, «The Board of SLJ is pleased that the FTC exercised its discretion to end the investigation, after it became more fully informed of the nature of the actions of SLJ this past August, when attorneys refused to accept appointments to new cases in the criminal courts.

After warning of the dangers of adding too much authority to the wide costs discretion, he said: «The vital point in exercising the discretion to order costs is to look at the whole picture of what happened in the case and to ask whether there has been unreasonable conduct by the claimant in bringing and conducting the case and, in doing so, to identify the conduct, what was unreasonable about it and what effects it had.

Work v Gray provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which have already been set out in previous cases.

This was sufficient to dispose of all but one of the appeals because it meant that the claims then came within s 11 and the individual cases were remitted for judges to decide whether to exercise discretion under s 33.

In this case, double costs was not awarded but the court paid attention to several factors in exercising its discretion, including the conduct of the parties and the interests of children involved.

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

The court noted a change in the law did not trigger the «special circumstance» exception to issue estoppel, and found there was no basis to exercise its discretion to bar the application of issue estoppel in this case.

This is no easy task and often involves showing the Crown Counsel involved in the prosecution of your case the weaknesses of their case, the strengths of possible defences for the accused, showing the Crown that special or extra-ordinary circumstance exist for your client that may lead to the exercise of discretion based upon Crown policy and / or in generally advocating for the client.

To paraphrase Lambert J.A. in Nichols, where statements of counsel stand alone, it will be a rare case that such statements will be sufficient to justify a finding of fact that would permit the exercise of judicial discretion.

The charter of the Warren bridge, it is said, was not hastily granted; that all the circumstances of the case, year after year, were duly examined by the legislature; and at last, the act of incorporation was passed, because, in the judgment of the legislature, the public accommodation required it; and it is insisted, that the grant to the complainants was necessarily subject to the exercise of this discretion.

In making the appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.

According to the ABCA, based on established case law (RM v JS, 2013 ABCA 441 (CanLII)-RRB-, the exercise of a court's discretion to consider the wishes of a child is dependent on two pre-conditions: i) that the child objects; and ii) that the child has attained an age and degree of maturity at which it is appropriate to take account of the child's views.

These principles recognize the critical importance of judicial sentencing discretion and suggest the touchstone of federal sentencing should be district courts exercising reasoned judgment in response to case - specific factors and broader norms established by the Constitution and Congress.