Sentences with phrase «claims on grounds»

It was only two years ago that Lord Hope, in the House of Lords, rejected the introduction of a proportionality test into possession claims on the grounds that: «It lacks any firm objective criterion by which a judgment can be made as to which cases will achieve this standard and which will not.

Disability insurance companies often deny legitimate claims on grounds that there is a lack of objective evidence of disability and / or insufficient medical information.

The Employment Tribunal rejected Mr Kocur's claims on the grounds that he received an enhanced hourly rate in comparison to Royal Mail employees and that this was adequate compensation for the less generous holiday entitlement and rest breaks.

Gillian has extensive experience in handling complex disrepair claims and possession claims on the grounds of breach of covenants and nuisance, and is an expert on anti-social behaviour law.

Ms. Boone had sought to dismiss the fraud claims on the grounds that Mr. Baldwin filed suit against the gallery after the statute of limitations had expired.

In any event the tribunal retains the power to strike out claims on the grounds, inter alia, that the case is scandalous or vexatious, or has no reasonable prospect of success.

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.

The following year, Monaco filed suit against the State of Mississippi in the U.S. Supreme Court, but the high court refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.»

The prosecution was trying, we suspect, to find an objective basis by which to convict the Roma, that is, a way of disproving the defense's claim on grounds the defense couldn't contest.

Furthermore, the Christian may make this claim on grounds that this book has not touched; for example, on the grounds that in Jesus and only in him God became man.

Special authority for the biblical view can not be claimed on the grounds of its potential utility in understanding life; other sources of potential utility can make the same claim.

Landsbanki's counsel submitted that the court should stay Jefferies» debt claim on the grounds of international comity: the purpose of the moratorium was to benefit the entire class of Landsbanki creditors by protecting it from claims during the reorganisation process.

Dwyidag moved for summary judgment dismissing Garford's claim on the grounds that it had sued after the expiry of the two year limitation period established by the Competition Act.

Under CETA a party may seek to preliminarily dismiss a claim on the grounds that it is unfounded or frivolous.

No. 9, 196), a hearing in Federal District Court resulting in the dismissal of a civil rights claim on grounds of preemption (906 F. Supp.

Moore Stephens applied to strike out the claim on the grounds that Stone & Rolls relied on its own fraud in bringing the claim.

The Department applied to strike out the claim on the grounds that no duty of care was owed to the plaintiff and was successful in the High Court and in the Court of Appeal.

C applied to strike out the claim on the grounds (amongst others) that PH's losses were wholly refl ective of those of the sub-subsidiaries.

Clark v World Wildlife Fund and others [2011] WTLR 961 (Ch D - Master Moncaster) Forum non conveniens - John Smart appeared in an application for stay of probate claim on grounds that Alabama Court was most appropriate forum.

The «excellent» Simon Cradick is particularly accomplished at handling occupational disease defence work; he recently successfully defended a mesothelioma claim on the grounds of knowledge and foreseeability of risk at the material time of the exposure to asbestos in the 1950s.

Mr Justice Phillips sitting in the Administrative Court rejected the claim on all grounds, emphasising the wide ambit of the Ombudsman's powers under statute.

App., Apr. 6, 2010)(affirming summary judgment dismissing malpractice claim on grounds of prior release)(unpublished)(hat tip: Ken Adams).

The claimant brought a harassment action and the Borough applied to strike out the claimant's claim on the grounds that even though its conduct may have been careless, negligent or even vexatious it did not amount to harassment under PHA 1997.

For example, a woman of colour, or an older woman, can not bring a discrimination claim on the grounds of their dual identity.

a) To strike out the two statements of claim on the grounds they do not disclose a reasonable cause of action; and

As per Section 45 after 2 years they can reject the claim on the grounds of fraud or fraudulent activity from your end.

Not exact matches

They retroactively assessed Frito - Lay the MFN tariff rate of 11 percent on the grounds that Frito - Lay had missed a «one - year filing time limit» to claim preferential treatment under NAFTA.

Both patents ultimately were challenged on the grounds that there was insufficient evidence at the time of the applications to support the company's claims.

Waiving PAYGO now on the grounds that the AMT's growth was «unanticipated» would accept a false claim — that the growth of the AMT was not expected or intended — and would reward the budget gimmickry used in designing the 2001 and 2003 tax cuts.

Likewise, last October, the Department of Justice released a memo telling its federal agencies to allow maximum discretion to those claiming religious exceptions on the grounds that it was not the government's place to challenge «the reasonableness of a religious belief.»

Lincoln exploded this as preposterous, demonstrating their behavior's incompatibility with the Constitution, pointing out that if they really wanted to claim revolutionary grounds for action, they should have the courage to make that argument instead, and resting his own argument on the principles of the Declaration.

Chad «no... A posteriori justification makes reference to experience; but the issue concerns how one knows the proposition or claim in question — what justifies or grounds one's belief in it That that the universe had a beginning is the most common cosmological belief held today, I am clearly on solid ground making that claim.

From the idea of Pakistan to its realization the way seemed difficult, but the justice of the claim was based on such strong grounds that when the British left India they were forced, despite the opposition from all Hindu parties and their own unwillingness, to accede to the demand for Pakistan, which became a reality on the fourteenth of August, 1367 (A.D. 1947).

On these grounds Matt.11.12 has a very strong claim to authenticity: it stands in the earliest stratum of this particular tradition and it reflects the attitude of Jesus to John rather than that of the early Church, to which he was at best the Forerunner (Mark 9.

Accordingly, it makes no sense on linguistic or historical grounds to make exclusionary claims for the name «God.»

Craig also claims that process theology requires a steady state universe (K 170), even though Hartshorne explicitly denies steady state theory on philosophical grounds (LP 214).

@End, True, I wouldn't claim to know that religion won't be classified as a mental illness on those grounds, but it would be so inconsistent were that to happen that, barring political agendas, I would imagine that the field would reel from such an obvious bias against one particular type of delusion while ignoring so many others.

The lis de verbis can verge on the self - serving and spurious when it is claimed that advertising serves producers while marketing serves consumers, on the disingenuous grounds that marketing gives people what they already want.

The full passage shows that Whitehead is basing his claim about the inconsistency of materialism and evolution on the grounds that materialism presupposes a doctrine of external relations and that this doctrine is inadequate to the development of more from less complex organisms.

The grounds on which church authorities resisted the advancing claims of the sciences were in the first place simply that they were at variance with the accepted teachings handed down from ancient times.

But with the same claims to residual authority, some states in the past had objected on moral grounds to interracial marriages.

Conversely, Christians claiming similar persecution on the grounds of their faith in places like the United Kingdom, the Vatican or the United States of America might specify what they mean by privilege itself in the face of the consequences of their faith in the locales mentioned before.

The vicious circle established between the claim and the demonstration of its validity on such grounds has been the curse of many a religious tradition in many a religious community.

Thus the war in Iraq, he claims, was justified not on prudential or moral grounds (Bowman is particularly dismissive of moral justifications for war) but because September 11 was an affront to our national honor and we had to hit back.

Bork, Arthur contends, is far afield precisely because he grounds his jurisprudence in a moral skepticism and positivism that denies «claims of natural rights» as discovered, for example, in «Jefferson's ringing endorsement of self - evident rights in the Declaration of Independence and the Federalists» insistence on separation of powers and the adoption of the Bill of Rights.»

It must be stressed, however, that it is not necessary to refute Darwinism on scientific grounds in order to maintain the religious truth claims expressed in the biblical account of history: e.g., God's sovereignty and creative initiative, man's free will, his unique dignity in the universe, and his supernatural end.

In this fashion we may readily grant that Socrates and Gautama and any number of saints or just plain good people have frequently achieved the maximum value possible in given situations without thereby claiming them to be Christs, on the grounds that the aims they so richly actualized were not specifically christological.

He was indeed begrudging your propensity to declare what you believe to be eternal, definitional truths to society, but on the grounds that have claimed that you don't hold such firm beliefs.

On what grounds can we claim to accept God's promise of eternal life and then reject the Scripture's claim that the sign of God's promise is the empty tomb?

The fact that a research university necessarily sets aside any subject's claim to rest on revealed principles that can not themselves be the subject of critical inquiry poses no serious problem because, Schleiermacher argues on philosophical grounds, religions like Christianity do not rest on principles in the first place, revealed or otherwise.