Sentences with phrase «clear error of law»

His lordship considered that that so - called finding involved a clear error of law.

His lordship had already held that reason (ii) involved a clear error of law.

Since the permit is based on the opinion of the Minister, the court will not interfere unless the Minister has made a clear error of law, or his / her Minister's decision is unreasonable.

Not exact matches

While logistical failures and administrative errors are a big part of the problem, it is clear that inadequate, antiquated, and burdensome laws also play a major role.

James» submission, Belkin added, «essentially repeats the same legal errors already made by the tenant - plaintiffs in misstating the law, the applicable regulations and the clear legislative history, all of which demonstrate that the owner was lawfully permitted to deregulate apartments, notwithstanding a 421g tax abatement.»

According now to two separate modeling analyses published in Science, this error would lead to the loss of most of the world's natural forest because clearing those forests for bioenergy becomes one of the cost - effective means of complying with laws to reduce greenhouse gas emissions.

That's because the ISO's study, which focused on potential fuel security concerns in 2024 and 2025, contained clear factual errors as well other assumptions that are highly unlikely and, in some cases, contrary to state laws that help customers reduce their electricity use and bills through energy efficiency and that require a growing percentage of electricity to come from renewable resources.

There is no recent jurisprudence relating to Agency decisions which provides guidance on delineating errors of law from errors of fact — presumably because the privative clause precluding appeals on errors of fact is so clear.

Although the statute of limitations regarding medical malpractice does state that no medical malpractice suit can be brought after five years has passed from the initial act or error made by the doctor in question, Kentucky courts have made it clear that this «five - year rule» is unconstitutional and should no longer be considered as part of the law.

The law in British Columbia is however clear, unless it could be said that, on the evidence properly adduced, it was not open to him to conclude as he did without making what is said to be a palpable and overriding error, the Court of Appeal can not interfere with the decision of a trial judge.

From the claims LAWPRO has seen, it is clear «dabblers» (lawyers acting outside of their usual practice area) are more likely to commit malpractice errors, and in particular a failure to know or apply substantive law.

However, despite clear direction over the course of the development of employment law higher courts still have to correct errors made by the lower courts.

The Law Lords held that the Commission had misinterpreted the criteria for compensation and, sidestepping the clear words of the Act, held that this error of law meant there was no «determination» but that instead the decision was a nulliLaw Lords held that the Commission had misinterpreted the criteria for compensation and, sidestepping the clear words of the Act, held that this error of law meant there was no «determination» but that instead the decision was a nullilaw meant there was no «determination» but that instead the decision was a nullity.