Sentences with phrase «central issue in this appeal»

Delivering the lead judgment in RFC2012 Plc (in liquidation)(formerly The Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45, Lord Hodge said: «The central issue in this appeal is whether it is necessary that the employee himself or herself should receive, or at least be entitled to receive, the remuneration for his or her work in order for that reward to amount to taxable emoluments.»

[62] As previously stated, the central issue in this appeal is whether the judge erred in finding that the presumption of undue influence was not rebutted because of the inadequacy of the legal advice provided to Elizabeth by Ms. Iverson and Mr. Easdon when she signed the June 22, 2001 documents.

CPR 69.7, which had become the central issue in the appeal, provided:

The Court considered the central issue in the appeal to be the application of the test in Gordon v. Goertz.

Not exact matches

That's the central issue in this book: An athlete should be judged on her ability, but a star may be judged on other criteria — on her personality, on her clothes, even on her sex appeal.

At his blog Decision of the Day, Robert Loblaw reports on a student speech decision issued yesterday by the 2nd U.S. Circuit Court of Appeals, Wisniewski v. Board of Education of the Weedsport Central School District, coming close on the heels of the Supreme Court's June 25 decision in Morse v. Frederick, better known as the «Bong Hits 4 Jesus case.»

Assuming a duty of fairness was owed by the adjudicator, the appeal court found that the lawyer must have known that the reasonableness of his accounts and his explanations for them would be a central issue in the taxation hearing.

The central issue in the Yugraneft SCC appeal heard on December 9, 2009, is establishing how an international arbitral award should be characterized — as being equivalent to a foreign judgment or as something else?

Ruling: Jay J identified the central issue being whether the appellant had in truth abandoned her statutory appeal.

The central issue under appeal was whether the Crown had identified a question of law alone (appealable) or a mixed question of law and fact (non-appealable) in accordance with section 676 (1)(a) of the Criminal Code.

The central issue on this appeal arises from an apparent conflict between the constitutional rights of a witness in a criminal proceeding and the constitutional rights of the accused in that same proceeding.37 The witness, N.S., an alleged victim of historical sexual assaults, contends that her religious beliefs dictate that she must wear a veil covering her face, except her eyes, when testifying.

The Court of Appeal had treated physical liberty as the starting point and the central issue, and judged that the degree of physical restraint on the claimant's liberty was far from a deprivation of liberty in Art 5 terms.