Sentences with phrase «circumstances of the case before»

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.