Sentences with phrase «case is subject to appeal»

«As the case is subject to appeal, the University of Sheffield will not comment on this case at this time.»

Not exact matches

If this is the case, it is worth spending a little time reading around the subject to see if it does appeal to you.

However, all of this changed last year when the Ontario Court of Appeal released its decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement of claim within the limitation period.2 The Court of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and held, subject to only a few exceptions, that the expiry of the two - year limitation period in Ontario is a complete bar to a lawsuit.

Lord Pearson [at 682] contrasted this with the position where application is made after the time for appeal has expired (eg, per a Barder appeal in financial remedy proceedings — see Barder v Barder (Caluori Intervening)[1988] AC 20, [1987] 2 All ER 440): in such a case the end of litigation has been definitely reached, subject only to the court's power to extend the time.

In its consideration of the case, the court gave a clearer view than had the Court of Appeal on the subject of public interest immunity (see especially paras [15] and [16]-RRB-, which might be thought central to the case.

«Mr Eric Swift and 15 Others v Fred Olsen Cruise Lines» — this case was originally heard in Birmingham County Court and was then subject to appeal.

Unfortunately in ADP driving prohibition appeal cases often times there are shortcuts taken by the police (that in the normal course would be subject to careful scrutiny by the courts in a criminal case) but will be unfortunately not be able to be scrutinized in the ADP appeal.

26 (2) and 31 by allowing for an appeal as of right in cases where the provincial court was the tribunal of first instance (subject to legislation providing for a leave requirement).

A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as case management decisions.

(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

The case presents two procedural issues under the AIA trial format: First, whether the PTAB should construe claims during an IPR using the USPTO's «broadest reasonable interpretation» (or «BRI») construction standard; and second, whether the PTAB's decision to institute review is subject to review by the U.S. Court of Appeals for the Federal Circuit.

Unfortunately the Supreme Court of Canada denied leave to appeal in this case, so further clarity on the subject is unlikely at this time.

The Court of Appeal found that in order to impose interim conditions on a massage therapist who is subject to a complaint, the Inquiries Committee has to conclude that there was a prima facie case to support the allegation and an interim order is required to protect the public.

The reduction in appeal rights which has largely ended the era by which most government decisions (outside of asylum and family migration cases) are subject to review by independent judges.

There is also a reduced proceeding conducted by divisions of CVM in less complex cases, usually resulting from the non-compliance with disclosure requirements, subject to an appeal to the Board of CVM and a final appeal to the CRSFN.

Limitation periods are interrupted in cases of (i) notification or summon, even if by public notice, (ii) any unequivocal act of investigation, (iii) decision of conviction subject to appeal, and / or (iv) any unequivocal statement for settlement purposes inside the federal public administration.

The authors of the statute seem to have intended to appeal to the natural inclination of busy judges to apply the arithmetical formula in most cases rather than writing lengthy opinions that might then be subject to appellate review.

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

The traditional justification for limiting access in criminal causes or matters from the scrutiny of the Administrative Courts (in the case of matters relating to trial on indictment) and the Court of Appeal (Civil Division)(in the case of appeals from the Administrative Court) has been the proposition that the rights of the subject can be protected in the criminal courts.

Chief Justice O'Connor's majority opinion reasoned that a lack of standing to invoke jurisdiction was not a defect in the trial court's «subject matter jurisdiction,» and, therefore, any lack of standing had to be raised during the case or in a direct appeal from the judgment.

Judges should be especially reluctant to use them when they function essentially as an appeal to emotion, and when that appeal to emotion may overshadow the specific subject of the case.

The Justice referred to City of Mecca (1879), 5 P D 28 where Sir Robert Phillimore held that the English Court of Admiralty could and ought to enforce an in rem judgment of a Foreign Admiralty Court, on the grounds of international comity (reversed on appeal not on a point of law, but because, like the subject case, the foreign judgment was in personam only.)

Finally, in a footnote, the Court of Appeals pointed out that DSS abuse and neglect cases are not subject to mandatory mediation.

The DB Mortgages v Jacobs Solicitors case is now subject to potential appeal, which could take place in summer 2017.

However, on the other hand, employers who do carry out an investigation but do so poorly may also be punished as the case of Brownson v. Honda of Canada Mfg., 2013 ONSC 896, leave to appeal refused 2013 ONSC 6974, summarized by the blog in post Termination After Being Made the Subject of Workplace Investigation may Entitle Employee to Moral Damages demonstrates.

The Court of Appeal («CoA») heard the cases of PJ and MM together in order to consider whether a patient (detained under the MHA) who is discharged into the community (subject to conditions — either through a CTO or a Conditional Discharge) can be deprived of their liberty if he or she has the capacity to consent to restrictions imposed upon them.

(3) The Court of Appeal may give any judgment that ought to have been pronounced or may grant a new trial for the purposes of taking evidence or additional evidence and may remit the case to the trial judge or to another judge and, subject to any directions of the Court of Appeal, the case shall thereafter be proceeded with as if there had been no aAppeal may give any judgment that ought to have been pronounced or may grant a new trial for the purposes of taking evidence or additional evidence and may remit the case to the trial judge or to another judge and, subject to any directions of the Court of Appeal, the case shall thereafter be proceeded with as if there had been no aAppeal, the case shall thereafter be proceeded with as if there had been no appealappeal.

(3) Where the appeal is limited, the judge who conducted the recount shall forward, in the envelope as provided for in subsection 75 (1), the ballots that are the subject of appeal together with the notice and a certificate showing the judge's findings as to the ballots in dispute, by registered mail to a local registrar of the Superior Court of Justice, but, if the appeal is not limited, the judge shall forward all the ballots and other papers to the local registrar, and in either case the judge shall await the result of the appeal before sending his or her certificate to the returning officer.

The key patent cases that I have to address and consider currently in the chemical, pharmaceutical and biotechnological cases (however, it should be appreciated there are several more) are the recent Alice (patent subject matter eligibility), Shaw Industries Group, Inc. (accused infringers can use AIA review procedures without undermining their case in later litigation), Merck & Cie (PTAB AIA review decisions must be reviewed with deference on appeal) and In re Cuozzo Speed Technologies, LLC, (broadest reasonable interpretation for IPR versus ordinary meaning for litigation is appropriate) decisions as well as the USPTO's ever developing guidelines as to patent subject matter eligibility and obviousness determinations.

Weatherall says: «The county courts have adopted a pragmatic approach to the litigation, and allowed those cases to remain subject to the test case decision, and there is no reason to suspect that this sensible attitude will not continue until there has been a final determination of any appeal launched.»

«The case must have occurred a thousand times, but the reason why counsel, who argued the appeal, were unable to cite any authority directly bearing upon the question, is probably that, until this case arose, there never was anybody wrong - headed enough to make such an accident the subject of an action at law.»

In that case, a judge found one of the terms was subject to misinterpretation (the bug), and dismissed the appeal (the fix).

Guilty verdicts of juries in criminal cases, and any verdict in a civil case like a patent law case, are subject to post-trial review by the trial judge who can throw out the verdict or call for a new trial for a variety of reasons, and to appeal.

«As the EAT made clear, there are significant public policy factors which support the principle that cases should, subject to the right to appeal on specific points, be heard only once.

The appeal in the USDAW case has been listed on 21 and 22 January 2014 before the Court of Appeal and will make for interesting reading, particularly for many large employers who are as a result of the present law subject to far more onerous consultation requirements than they had previously thappeal in the USDAW case has been listed on 21 and 22 January 2014 before the Court of Appeal and will make for interesting reading, particularly for many large employers who are as a result of the present law subject to far more onerous consultation requirements than they had previously thAppeal and will make for interesting reading, particularly for many large employers who are as a result of the present law subject to far more onerous consultation requirements than they had previously thought.

[3] On the basis of the applicant's cassation appeal with the Supreme Administrative Court by order dated 9.5.2012, No. 6 Ads 18/2012 -82, reversed in accordance with Article 267 of the Treaty on the Functioning of the European Union concerning the interpretation of European Union law on the Court and presented him the following questions: 6 Ads 18/2012 First Excludes Council Regulation (EC) No 1408/71 on the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republic?

Although we have authority to deflect cases to the Court of Appeals, which relieves much of the load, the more difficult and complex cases, plus all cases involving constitutional questions, death penalty, first impressions, newly developing law and a whole litany of special subjects (election contests, utility rates, annexations, bar and judicial discipline matters, etc.) are assigned to our Court.

Learned senior counsel placed reliance on the judgment delivered by the Court of Appeal in case of Thoday Vs. Thoday (1964) 2 WLR 371 in support of the submission that a party can be estopped to relitigate the matter only if the cause of action or the plea in defense in the second action is precisely the same and has been raised in the previous case and where that has been the subject matter of a full examination and adjudication in the previous case.

The Court of Appeal held that «if a company trades on Ontario's reputation for quality and strong regulatory standards, and sites a critical part of the sales process in Ontario, it will be subject to Ontario's regulation»: Ontario College of Pharmacists v. 1724665 Ontario Inc. (c.o.b. Global Pharmacy Canada), 2013 ONCA 381 (For the full case, click here).

Moreover, an arbitrator's decision is not subject to appeal, except in extreme cases of bias.