Sentences with phrase «considered by the court»

at 64, 67 (test 6, indicating that the age of the child is a factor considered by some courts).

@Chad - the fact that this map wasn't considered by the court to be «gerrymandering» doesn't invalidate this asnwer.

So the claim that «it is about face coverings» was considered by the court and rejected.

He says that the Brighton Declaration will result in fewer cases being considered by the court and will therefore speed up decisions.

They dismissed (pdf) both Colizzi and Montagnier's report (pdf)(they said it was unscientific) and the medics» claim of having been tortured: The medical examination of the victims had not followed «correct procedure» and therefore should not be considered by the court.

If the timings are tight you may need to discontinue from the court process entirely as the Ombudsman doesn't look at complaints which have already been considered by a court — this will mean you lose any fee you've already paid the court.

Most likely, the K9 at the local police station is more aggressive than the dog being considered by the court, so what would work for a police dog would definitely work for this type of dog.

«The judge felt that at this very early stage she could not accept the documentary proof we put forward destroying any evidence of fraud and we look forward to the day when those documents can be considered by the court.»

The issue of the degree of protection for the privacy for personal information of an employee stored on devices (usually information technology tools such as laptops, smart phones, etc.) of the employer has been considered by the Courts.

Leggatt J rejected the contention that such a principle of futility exists, stating that a court will not disapply «a contractual precondition to the accrual of a right or obligation... just because complying with it is considered by the court to serve no useful purpose».

Section 7 of Hong Kong's Matrimonial Proceedings and Property Ordinance («MPPO») sets forth the relevant factors to be considered by a court in resolving the financial issues between divorcing spouses, These factors do not include an agreement between the parties.

After - acquired evidence will be considered by a court but where the evidence of misconduct is several years old, it will be given less weight.

In awarding costs, one of the most important factors considered by the court is any offer to settle made by any of the parties.

Virginia recently changed the statute that sets forth the factors that are supposed to be considered by the court in determining whether spousal support should be paid and if so how much.

The Commission indicated that the aid's compatibility was to be assessed according to Article 93 TFEU, and consequently according to Regulation (EC) 1370/2007, which is considered by the Court as an implementation of Article 93 TFEU.

«The application for ministerial review must be supported by «new matters of significance» — usually important new information or evidence that was not previously considered by the courts.

In UK law, the child's wishes and feelings are considered by the court in the light of the child» «age and understanding» (a factor to be considered in Pt 3).

Although failure to disclose is not in itself a ground for disqualification, it will however be considered by the Court in assessing whether an objection to confirmation or a challenge is well founded.

Whereas the first question is addressed for the first time to the CJEU (in Spasic the validity of the so - called «enforcement clause» provided by Article 54 CISA was challenged), the second question touches upon an aspect already considered by the Court on several occasions.

Whether the attorney had an interest in achieving the ends of the litigation should certainly be considered by a court determining what a reasonable paying client would pay.

It follows that the test contained within MCA 2005 now falls to be considered by the court each time a party's litigation capacity is being considered.

The matter was recently considered by the Court of Appeal in Re P (a child)(care and placement order proceedings: mental capacity of parent)[2008] EWCA Civ 462, [2008] All ER (D) 102 (May).

However, the experts with the insurance company were determined not to have an adequate foundation of knowledge, and their testimony was not considered by the court.

The complaint was first considered by Court Martial Appeal Court of Canada Chief Justice Edmond Blanchard, vice chairman of the CJC's judicial conduct committee.

In fact, one of the plaintiffs in Attis took such steps by commencing an action (prior to the motion underlying the appeal) in negligence against plaintiffs» counsel for damages of $ 250,000 — a factor that was considered by the Court in allowing the appeal.

Multiple factors will be considered by the court in making its determination, including:

Wife argued on appeal that the trial court should have compared Husband's current financial circumstances to the circumstances that were considered by the court at the time the decree was entered.

The Arizona Court of Appeals in this decision went so far as to say that the trial court was no longer required to even consider any of the other statutory factors normally required to be considered by the court once the Court made a finding of the existence of domestic violence or a significant history of domestic violence.

One of the traditional sentencing factors considered by courts is the maximum penalty available.

If one or both parties have some sort of mental health related issue that impacts their ability to earn income to their capacity that is going to be considered by a court.

The question of what is meant by an «obvious mistake» was considered by the Court of Appeal in Rawlinson & Hunter Trustees SA & Ors v. Director of the SFO.

[85] This matter was considered by the Court of Appeal in USA v. Philip Morris Inc. [86] In summary, it is not sufficient if there is simply a general apprehension of future litigation.

The «dominant purpose» issue was considered by the Court of Appeal in Rawlinson & Hunter Trustees SA v. Akers.

They will also highlight current key cases being considered by the Court.

When a nine - year - old boy attempted to punch his younger brother in a play fight and missed, it can hardly have seemed likely that the events would end up being considered by the Court of Appeal.

This point was to be considered by the Court of Appeal on 2 May in the Troy Foods appeal but the respondent capitulated.

Pending the outcome of the consultation, this interim guidance should be considered by courts, litigants, their legal representatives and the media if and when any application is made to the court to permit the use of live, text - based communications.

The facts considered by the Court in Hill are straight forward.

In countless Canadian and other decisions abroad, joint affidavits have been received and considered by the courts without any thought as to whether an affidavit made by more than one affiant at the same time and as to the same allegations is good evidence.

If a driver is unmindful or unobservant, does not obey designated speed limits, refuses to surrender the right of way to the pedestrian at clearly posted walking zones, does not acknowledge stop lights, stop signs, etc., will not use their turn signal, does not take weather or traffic conditions into account, is operating their vehicle while intoxicated by drugs or alcohol and does not take special precautions to protect the safety of children, they are considered by the court system to be legally negligent.

There are many different elements which are considered by the court when they are making a decision on who will have primary custody over your child or if custody will be shared.

Unreasonably denying the other parent time - sharing with the child or children is a factor considered by the court when deciding the issue of time - sharing in a divorce case in Florida, so that should be kept in mind throughout the separation and divorce process by both parents.

All the evidence of the circumstances surrounding the allegation will be considered by a court.

There are also certain types of accidents or mistakes that can be considered by the court as situation of a wrongful death.

However, the incentives driving plaintiffs and defendants in these motions are drastically different, and this must be considered by the courts deciding costs.

A case dating back to 1973 (Wachtel & Wachtel [1973] EWCA Civ 10, [1973] 1 All ER 829) referred to conduct as having to be gross and obvious before it should be considered by the court.

When handing down judgment, Mummery LJ said that in his experience, this case involved «the most complex employment issues ever to have been considered by this court.»

The factors considered by the Court in a custody or access order variation are any material changes in the condition, means, needs and other circumstances since the making of the original order.

Generally speaking such covenants are considered by the courts as a restraint on trade and, as such, as against public policy.

These wishes will be considered by the court but will not be given higher priority than what the court sees as the best interest of the child.