Sentences with phrase «claims of particular cases»

Rules of court are dictated by what is expedient on the whole and in the long run; but they run the risk of being unjust to the claims of particular cases.

Not exact matches

In other cases, the item is a legitimate business expense, but you can only claim a portion of the expense or only claim the expense if particular circumstances apply.

The Chaplains can claim they're there for all faiths but at the end of the day I truly believe that in the vast majority of cases they put their particular faith before the needs of their troops.

Negatively, it will have to address itself to the ideological appropriation of Christian faith, which is inevitably the case where theology is claimed by a particular human community alleging privileged access.

Yes, in the case of character flaws, it's much easier for a Christian to claim that god made them that way to serve a particular purpose in the body of Christ or that god will forgive their sins.

Certainly theology can not escape finitude in its perspective, but I am convinced that it could now broaden its perspective (1) by admitting the metaphysical implications of its «historical» claims, (2) by thinking through the ontological status of the particular upon which it rests its case, and (3) by placing its historical thinking in cosmic perspective.

Ticktin outlined the many case hearings that she had sat in on, all with very valid claims on the grounds of political opinion, membership to a particular group and race.

This case study evaluated conventional allergy tests (skin prick and serum IgE), tests of other immune - mediated reactions (serum IgG and salivary IgA), and tests that claim to measure the energetic reaction of the whole person to particular foods (kinesiology, Vega, and Carroll testing).

One of the chants in particular («In our hundreds in our millions, we are all Palestinians») especially made me feel trepidation, because, similarly to the previous case, claiming that identity white - washes the issue and makes it too easy to participate but also too simple to approach.

But after trying to follow EO's numerous claims about climate, in the particular case of (ii) at hand I have serious doubts as to whether climate scientists have anything at all to learn from rocket engineers other than that the latter should stick to rocket engineering.

In any case, when the 5th Assessment Report of Working Group 1 was published in September 2013, much of the media attention focused on one particular section in the Summary for Policymakers which claimed that it was «extremely likely» that human activity was responsible for most of the global warming since the 1950s.

Therefore, note that in this particular case where you claim warming as a result of more CO2 it is the other way around: heat + HCO3 - = > CO2 + OH -, very similar to you boiling water to remove the CO2.

So, in summary (and with my own particular point of view) while perhaps the IPCC should have sourced its claims differently in this case, the underlying science is broadly correct.

Also following the recent mass cases involving holiday pay claims and in particular the case of Bear Scotland v Fulton (which was back to the EAT in December ’16 and the decision is awaited) it was held that if there was a gap of 3 months or more between non-payment of holiday pay then the claim would not be allowed for being out of time (allowing for any extension of time for ACAS early conciliation of course).

Whilst Sarah deals with a wide variety of Clinical Negligence cases, she has a particular interest in nerve injury and brain injury claims.

Messitte said his ruling restricting the suit to claims regarding the Washington, D.C., hotel is limited to the particular plaintiffs and the particular facts of the case.

In an interesting post yesterday, Shepherd wrote that lawyers remain obsessed with how much their services cost, and continue to claim that they can not move away from the billable hour to offer fixed prices because of their inability to figure out what a particular case or matter costs.

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.

David Evans QC is a highly experienced clinical negligence specialist, focusing on brain damage and spinal injury cases, with a particular interest in the quantum side of cerebral palsy and paraplegia claims.

The value of your claim is very specific to your particular case.

Barristers specialise in different areas of the law, and in some cases particular types of injury, and your solicitor will use one who specialises in personal injury claims.

We believe that a significant consideration in the outcome of a total disability claim is not only the facts of the particular case but also the effort and experience of the lawyer representing the injured worker.

Under the facts of this case, the Indiana Supreme Court held that the plaintiff's notice was adequate because the Indiana Tort Claims Act does not reference specifying any particular type of damages; only that a claim may be brought.

Against that background, Apple only asked for 60 cents per device from Motorola (which still seemed too much for Judge Posner, though not for the appeals court), less than one - twentieth of its per - unit damages demand from Samsung in the current case, in which Apple pursued a broader claim construction that enabled it to claim ownership of the whole feature as opposed to a particular internal architecture that can be avoided.

This is the case even if «any figure for a particular element of the claim... was not so unreasonable as to render it obviously excessive» or as Lord Justice Moore - Bick put it «grossly disproportionate».

Nevertheless, other implications of the latter case remain undiscussed in Dano, in particular the finding of the Court in Brey that Member States may not automatically assume that an EU national claiming social assistance can no longer invoke the Citizenship Directive by reason of being a burden on the public funds of the home state.

Rather, what a potential litigant has is a right to have his or her claim dealt with fairly and resolved according to law in a manner that is appropriate to the nature and circumstances of the particular case.

You should seek the advice of a skilled Louisville medical attorney, who can review the specifics of your particular case to determine if a medical malpractice claim may be able to recover damages for you.

The type of claim filed by your attorney depends on the particular circumstances of your case.

In particular, he has been concerned with a large number of shipboard fires, explosions, collisions, total losses, damage claims, ship construction disputes and technical cases involving fire, unseaworthiness, stability, oil shortage, speed claims, rust and cargo fermentation.

According to the employment law in the UK, in cases when an Employment Tribunal upholds an unfair dismissal claim, they generally consider the three available remedies, which must be assessed in the particular order of reinstatement, re-engagement, and finally, compensation.

Finally, although the judiciary strives to uphold claims to privilege, recent case law (in particular RBS Rights Issue Litigation, Re [2016] EWCH 3161 (Ch)-RRB- demonstrates the significant constraints they are operating in to meet the requirements of the controversial Court of Appeal decision in Three Rivers District Council (No 5)[2003] EWCA Civ 474, [2003] All ER (D) 59 (Apr)(TR5) where, among other things, «client» was narrowly defined.

Spoliation of video evidence is a particular issue in premises liability claims, because the establishment that owns the camera is often the defendant in the case.

In the present case, not only were socio - economic factors not at the forefront of the decision - making process, but the attempt to justify retention of the procedure was characterised by general claims, unsupported by concrete evidence and disassociated from the particular circumstances of the appellant's case.

Until courts provide further guidance on the issue, lawyers and their clients will continue to weigh the relative merits of each type of proceeding in the context of the facts of a particular case to determine the most cost sensitive and strategically effective route to adjudicate these types of claims.

On Feb. 10, the decision in LC v. Alberta was released, the latest in a string of cases dealing with claims that the government in that province — in particular, its child services branch — failed to file care plans in a timely way or, in some cases, at all for children in government care under temporary guardianship orders.

The personal injury lawyers at The Cochran Firm have handled thousands of product liability cases and know what to look for when assessing your particular claim.

The key to success in litigation, and in particular contingent or fixed fee cases, is objective and realistic early evaluation of the merits of a claim.

More recently, there have been several cases in which class actions have been certified for claims arising out of historical sexual abuse and, in particular, sexual abuse claims against private schools, religious organizations and government - run facilities.

An important contribution of the present case is that the public criterion is no longer subjective, which implies that someone can always claim he did not take into account a particular group of people.

Therefore, the High Court passed undertakings by which traders committed not to «create the false impression that the consumer has already won, will win or will on doing a particular act win, a prize or equivalent benefit, when in fact taking any action recommended by the [trader] in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost which is either: (a) a substantial proportion of the unit cost to the defendant of the provision to the consumer of the thing described as a prize or other equivalent benefit; or (b) in the case of a charge stated to be for delivery and insurance, used by the defendant to finance in whole or in part its acquisition, handling or other cost of the making available of that thing, other than the actual cost of its delivery to the consumer and insurance (if any) in transit» (account rendered by the CJEU in C - 428 / 11 at para 20, emphasis added).

He has acted in a wide variety of commercial cases, with a particular emphasis on commercial disputes, contracts, financial services and fraud, including dishonest assistance and tracing claims against well - known banks currently being litigated in the Financial List of the High Court.

Because every bicycle accident case is different, we tailor our services to the particular needs of each claim.

In addition to strict liability claims, victims may also bring standard negligence cases or sue under a breach of warranty (e.g. the warranty of merchantability or fitness for a particular purpose).

The weight that the court, in the exercise of its discretion under Rule 12 (6), gives to the loss of insurance coverage as a potential disadvantage that the other spouse may suffer as a result of the early severing of the claim for divorce depends on the evidence in the particular case.

Other key figures in Cardiff include industrial disease specialist John Browne; «formidable litigator» Nicholas Collins, who has a «wealth of experience handling high - value personal injury cases»; and senior associate Julian Cason, who has a particular forte advising on mesothelioma claims and is praised for his «marvellous manner with clients».

Mackenzie Jones Solicitors has a strong reputation in north and mid-Wales and provides an «excellent service» to clients across the spectrum of personal injury claims, with a particular focus on high - value and complex cases.

Although Courts will sometimes order insurers to defend or pay claims, the Court's decision will inevitably depend upon the precise wording of the applicable policy, and the facts of the particular case.

In many cases, individual trials are required after the resolution of common issues to determine the claims of or compensation owed to particular class members.

Claims brought by a person on behalf of a group of persons to establish a precedent on a particular point of law («test cases»)