The tariff of party and party costs is predicated on there being a traditional review of all costs and disbursements claimed by the successful party and the allowance of those items found to be reasonable and necessary in the particular
circumstances of the case before they are properly visited upon the defendant.
59 Should that court find that, in
the circumstances of the cases before it, such a denial does not follow from the refusals of residence permits at issue in the main proceedings, that would be without prejudice to the question whether, on the basis of other criteria, inter alia by virtue of the right to the protection of family life, Mr O and Mr M could not be refused a right of residence.
The judges of the Court of Appeal, although divided on how broadly s. 59 should be construed, agreed that the section did not apply in
the circumstances of the case before them.
Not exact matches
In some
circumstances a fee may be payable to cover the cost
of copying and postage and if that is the
case I will let you know
before I proceed with your request.
I wished that the Chief Justice under this
circumstances in my candid opinion could speak to the two members
of parliament involved directly with signs
of remorse especially when the merit
of the
case is NOT determined so that they can feel comfortable appearing
before her in court otherwise this may NEGATIVELY affect the morale and confidence and trust
of the two MPs in the process especially in the CJ going forward and it may lead to a discontinuation
of the
case since it's only dismissed on technical grounds but not on its merits.
In such
cases Parliament should assert itself by calling him
before the relevant select committee (home affairs) and if after a detailed examination he is found in a vote
of the committee to be clearly liable, a report
of the proceedings should be sent forthwith to the relevant minister which in the absece
of exceptional
circumstance should lead to his dismissal.
He was thereafter arrested and detained at the base, while the air force authorities were reported to have ordered a psychiatric test on the suspect, saying the
circumstances of the
case required the test
before his eventual dismissal and prosecution for the crime.
He added, «Since Mr. Ayo Fayose has not paid attention to the fact and
circumstances of the
case, I advise him to study my explanation that the house in question is a subject matter
of a pending suit
before the Federal High Court and that the house has been forfeited to AMCON in the interim.
We will work with our champions on Capitol Hill to evaluate and introduce a new version
of the Act in the next (112th) Congress, while continuing to stay in close contact with key Members and their health staff in
case circumstances change
before the end
of this year.
However, there are also the
cases where
circumstances ended up with an actor's big break vanishing at the drop
of a hat, like the actor who was cut from the cast
of «Bonanza»
before his first episode even finished filming due to Michael Landon's jealousy.
Before long Roger and Holmes team up as they revisit the
circumstances of his final unsolved
case, all while Holmes grapples one last time with the mysteries
of life and love.
In either
circumstance the lead adds a heaviness and density to the color, especially in those
cases where the exposed lead was left outside in the rain
before being used and thus exhibits the effects
of oxidization.
As such, any promises that a firm
of solicitors may make about concluding your
case quickly —
before they even have knowledge
of your unique
circumstances — should be taken with a healthy pinch
of salt!
Whether the cause is the steady increase
of distractions or simply that there are more vehicles on the roads and waterways than ever
before, our accident attorneys will thoroughly analyze the
circumstances of your personal injury
case.
A protection order may not be issued
before a fixed date for oral arguments or a hearing that the opposite party may witness; provided, however, that this shall not apply to
cases where there are
circumstances where waiting for the date will interfere with the fulfillment
of the intent
of the petition for a protection order.
In a non-PAP
case,
before proceedings the claimant should send a letter
before claim and the defendant give a full written response within a reasonable period (for example, 14 days for a straightforward matter, 30 days if complex or third party involvement
of say an insurer with longer than 90 days only being reasonable in exceptional
circumstances).
Where adjournments are required for further expert or medical evidence to arrive or be obtained, then it should be for the judge to determine what is right, just and equitable in relation to the facts and
circumstances of the particular
case before them.
The hard question is determining what a jury's acquittal «necessarily decided» in particular facts and
circumstances, given that a jury verdict in a criminal
case typically only determines if the jury convicted, acquitted, or hung on each
of the charges presented to it in the indictment and not dismissed
before tiral.
A judge may comment on matters
of morality or policy, but unless those matters are raised by the
case before him, he should explain that choice: justifying his comments as appropriate for his office, and as substantively merited in the
circumstances.
The pleadings do not allege facts, nor is there any evidence
before the court, to support piercing the corporate veil in the
circumstances of this
case.
While the Baylor University decision does not answer the question
of when and in what
circumstances the Board will recognize an employer's right to lawfully require confidentiality in settlement agreements and other agreements that where they would have been found to interfere with employees» Section 7 rights, the tea leaves more than suggest a change in Board law as soon as the Board returns to five members and an appropriate
case is
before the new majority.
... 202 When a matter
before the Appeal Tribunal is, by this Act or any other enactment or by any rule or decision
of the Tribunal, required to be done within a specified time and if the
circumstances of the
case in its opinion so require, the Tribunal may, with or without notice, extend the time so specified or waive the requirement whether or not the time has expired.
The Claimants sought an order for alternative service on the basis
of good reason, rather than exceptional
circumstances, which had to be their
case in the light
of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the
circumstances exceptional in any event in the light
of the evidence
before me as to the likelihood
of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District
of Columbia, as set out in the relevant witness statements
before me at the time, to which I have already referred.
If you are told that your
case is worth a lot
of money during an early meeting,
before all
of the facts and
circumstances are known, then that lawyer is trying to impress you in order to get the file.
Almost all
of the
cases (90 %) included evidence
of previous incidents
of violence
before the
circumstances that were the subject
of the EPO application.
Footnote 17
of the Papadopoulos
case notes that perhaps should be the
case that, «in the absence
of unusual
circumstances, a property owner, in fulfilling the duty owed to invitees upon his property to exercise reasonable diligence in removing dangerous accumulations
of snow and ice, may await the end
of a storm and a reasonable time thereafter
before removing ice and snow from outside walks and steps.»
Kevin Abikoff, who is leading the firm's efforts on the
case, told The American Lawyer «Alstom has since the filing
of the lawsuit continued to deny any liability or wrongdoing in connection with the allegations and has over the period
of the suit consistently succeeded in its motions
before the court in reducing the
case to a point where we've reached a settlement that was economically justified under the
circumstances.»
In general, awards in Supreme Court are much higher than those that are made in Provincial Court but this court notes that the
cases that come
before the Supreme Court, while they may be similar in
circumstances, they are distinguishable by the severity
of the injuries and interference with enjoyment
of life.
There are many aspects to trucking
cases that must be analyzed, and these issues require the keen eye
of an experienced truck accident attorney who has handled these
circumstances before.
In such
cases courts must give careful scrutiny to all
of the
circumstances before deciding; this includes examining the existing parenting / financial arrangements and support network, and how those will change either the benefit or detriment
of the child.
The court in this
case considered three issues: i) how, under the existing legislation, the court should set a minimum term when imposing a sentence
of imprisonment for public protection where it is imposed upon a prisoner who is already subject to and serving an existing custodial term; ii) How the court should approach, as a matter
of principle, imposing a sentence
of imprisonment upon someone who is already serving a sentence
of imprisonment for public protection and whether in the
circumstances of a
case such as this some adjustment, if it is otherwise permissible, may be made to the term which he is destined to serve
before release may be considered; and iii) how in such
circumstances, if it is permissible to do either the first or second as a matter
of principle, the court should approach the time spent in custody.
While every New Orleans personal injury lawsuit has its own set
of unique
circumstances, there are some fundamental facts that must be proven in every
case before the plaintiff may be awarded damages.
No. 56080 / 13) decided just
before Christmas, the European Court
of Human Rights (ECtHR) held that there was both a substantive (by 5 votes to 2) and a procedural (unanimous) violation
of Article 2 in the
case of the death
of the Applicant's husband in
circumstances where there was a negligent failure to diagnose meningitis shortly after (successful) nasal polyp surgery, even though that negligent failure was not necessarily causative.
[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?
10 (1) In a divorce proceeding, it is the duty
of the court,
before considering the evidence, to satisfy itself that there is no possibility
of the reconciliation
of the spouses, unless the
circumstances of the
case are
of such a nature that it would clearly not be appropriate to do so.
However, depending upon your
case and
circumstance you should know that there is a waiting period
before the issuance
of benefits.
We always desire to use a phone for an extended period
of time
before writing a review, but given the
circumstances of receiving the Essential Phone, in this
case this review was initially published the morning
of August 18 after roughly 52 hours with the phone.
Most
of the time in alienation
cases, writes Shuber, «the children's
circumstances get worse
before they get better if, in fact, they ever improve at all.
The non-custodial parent shall give the custodial parent notice
of the time
of pick up and return
of the children for visitation at least 48 hours
before a scheduled visit, except in
cases of emergency and
circumstances beyond the non-custodial parent's control, when notification
of the time
of exchange shall be made as soon as possibile.
In most
circumstances you'll have to attend a mediation, information and assessment meeting (MIAM) to assess whether mediation may be a suitable way
of resolving your
case before you can apply for a SGO.
the court may, if so requested by either party to the de facto relationship or the relevant bankruptcy trustee (if any), adjourn the proceedings until such time,
before the expiration
of a period specified by the court, as that party to the de facto relationship or the relevant bankruptcy trustee, as the
case may be, applies for the proceedings to be determined, but nothing in this subsection requires the court to adjourn any proceedings in any particular
circumstances.
In my opinion, the
circumstances of this
case called for a head sentence
of approximately 5 years imprisonment,
of which a considerable proportion should have been served
before the respondent became eligible for release.
Judge Tanaka
of the International Court
of Justice stated, in the South West Africa
case, that «The principle
of equality
before the law does not mean the absolute equality, namely the equal treatment
of men without regard to the individual, concrete
circumstances, but it means the relative equality, namely the principles to treat equally what are equal and unequally what are unequal... To treat unequal matters differently according to their inequality is not only permitted but required», (1966) ICJ Rep 6, pp303 - 305.
This process should be started
before looking at homes because
of the time constraints listed here can vary based on current requirements and possible extenuating
circumstances of your
case.
NAR urged the court to consider all the facts and
circumstances in each
case to determine whether an agent acted within the scope
of her agency or employment
before finding a broker liable for the acts
of its agent.