Sentences with phrase «court as defence»

There is also a tension between our feelings as humans and our roles in court as defence counsel.

Not exact matches

Katz says that in the event Unblock Us was ever taken to court, it might be able to argue «fair dealing» as a defence on the grounds that it is providing content Canadians would otherwise not get to see and for which there is no justifiable reason.

The original charges against Giuseppe Profiti had been embezzlement, but the court convicted him of a lesser offence of abuse of office after the defence argued the money was intended as an investment to benefit the hospital.

In a 34 - page defence filed in the Federal Court in Melbourne on Monday, lawyers for Coles rejected key claims by the ACCC, which launched legal action in May, alleging that Coles used unfair tactics and misleading information to force about 200 suppliers to pay additional and ongoing rebates to participate in the program known as Active Retail Collaboration.

The defence prayed the court to dismiss the case for lack of merit as well as non disclosure of cause of action.

Today's report calls for defences of «reasonable excuse» of «public interest» be included in the legislation, to reduce the chance of prosecutions being thrown out of court as being incompatible with the ECHR.

At the time plaintiff filed the motion for default judgment in default of defence, the defendants had not been served with any Statement of Claim as required under the Rules of Court in support of the amended Writ of Summons to which they could respond by way of a statement of defence.

The court ordered that ex-NSA must be allowed to access and brief his lawyers at a neutral place instead of the premises of the DSS headquarters in Abuja so as to enable him prepare adequately for his defence in the trial.

On his part, another defence lawyer in the case, Chief Akin Olujinmi (SAN), described as «irritating» the oversight excuse given by the agency as the reason for the failure to produce the ex-NSA in court on Tuesday.

It will be recalled that the former NSA asked the court to discharge him as a defence witness in Metuh's trial.

Speaking after the court proceedings, the defence counsel for the accused, Larry, said they were ready if the court approved accelerated hearing as requested by the prosecution.

The MoD's failure to account for that meeting on the 41st floor of the Shangri - la hotel exposed Werritty as Fox's unofficial adviser and triggered a possible blackmail lawsuit which could involve the former defence secretary giving evidence to a US court.

International law recognizes a right of self - defence, as the International Court of Justice (ICJ) affirmed in the Nicaragua Case on the use of force.

On the charge that the defendant used his office as minister to allocate 15 houses to his associates, the defence told the court that there was a committee set up by the government.

On 29 January, during the National Assembly of the Democratic Party, Renzi officially announced that he would endorse Sergio Mattarella, a judge on the Constitutional Court and a former Minister of Defence, as his candidate for the Italian presidential election to replace Napolitano.

The defence team, led by Yakubu Maikyau (SAN), had protested that the «witness was never listed as one of the witnesses before the court».

This is perfectly understandable to me within the general context of the investigation in which the allegation had arisen, and considering that I have lately come to also realize that two of my colleagues in chambers had been involved as defence counsel in two cases before the subject judge amongst twelve cases in all they have ever done at the Industrial Court since inception.

Having had experience heading up the foreign office, defence and transport over the past six years without ever courting scandal, Hammond's reputation as a safe pair of hands is well established.

Mr Justice Saunders had ruled they could not use parliamentary privilege as a defence to protect them against standing trial in a crown court.

Metuh, who had been complaining of ill health as he continued his defence before the Federal High Court, was brought to court on a stretcher on February 5, Court, was brought to court on a stretcher on February 5, court on a stretcher on February 5, 2018.

He urged the court to «take with a pinch of salt» the explanation given by the defence and to see the absence of the first defendant (Metuh) as a disregard of the bail conditions, so that trial could continue «in absentia».

She added that the document was incomplete as it had not been front - loaded to the defence and urged the court not to admit the said documents in evidence.

My fears that the chaos at the Commission would lead the present young crop of the NDC to self - destruct was confirmed when I discovered on 29th and 31st July 2017 respectively that the author of the second petition for the removal of the two Deputy Commissioners was Emmanuel Korsi Senyo, the concerned citizen, who had acted in the past as an NDC surrogate commencing action against the General Legal Council in the Supreme Court in defence of Francis Sosu, who had contested the primaries in my constituency, Madina, for the NDC.

«Except for interests other than the ends of justice underlying the pending charge against Senator Hamma Misau, we hereby call on the prosecution to play its prosecutorial cards face up, as we shall gladly love to meet them in court to articulate our robust defence against the obviously spurious allegations against the distinguished senator.

But Ubi opposed the oral application, stating that the defence counsel had to put facts before the court as to the reason the defendants must be granted bail, which he would also need time to respond to.

The defence counsel, who further urged the court to dismiss the story as unfounded, said the prosecution could file an application on the matter as he had mentioned to the court.

Badeh's loyalists said having discovered that the allegations for which he was detained for more than one month before being charged to court were flimsy, as they were all based on his tenure as Chief of Air Staff, and not the celebrated arms scandal, allegedly committed when he was Chief of Defence Staff, the EFCC may have hatched the $ 1m story so as to keep the Badeh matter alive.

Bob Geldof told the High Court he was a «pleb» but Andrew Mitchell was not as he offered a defence of the MP in a court hearing over the «Plebgate»Court he was a «pleb» but Andrew Mitchell was not as he offered a defence of the MP in a court hearing over the «Plebgate»court hearing over the «Plebgate» row.

«The New Indian Express of Monday 25 January 2016 reported that «In representations to the judge, Stephen Kamlish, Gohil's defence team accused the Crown Prosecution Service of «positively misleading the court and the parties as part of their deliberate cover - up of discloseable material».

The leader of the prosecution defence, Tayo Olukotun, lamented that the defence counsel's cross examination of the witnesses was ambiguous as it went outside the statement made by Ennah and was admitted by the court as exhibit.

The application was opposed by the prosecution counsel, Sylvanus Tahir, who argued that the request of the defence is unnecessary as the defendant (Metuh) is in court as a credible witness and can testify.

The 45 - year - old actor stars as real - life defence lawyer Charlie Jaffey - who represented poker game organiser Molly Bloom in court - in the directorial debut of Sorkin and Elba said the filmmaker was «very pragmatic» when it came to letting the cast put their own ideas and lines into the film.

After being outclassed in the opening game, Praneeth showed good temperament and patience in the second as he caught the shuttle early near the court and upped his defence.

This is only possible in very limited circumstances, such as if you did not know about the decree because you did not receive the court papers and you have a valid defence to the claim.

The General Council of the Pyrénées - Orientales bought the Palace and the gardens in 1958, to the Ministry of Defence who keeps the Vauban bastions and 19th century buildings and courts as a garrison.

At least the court revised the insurer's proposed terms to circumscribe the obligation in these terms: «The defence insurer shall be entitled to require the claimant to undergo medical examination at its request upon reasonable notice being given to the claimant at any time during the claimant's lifetime, such medical examinations to be limited to obtaining a medical opinion as to the claimant's general health in order to obtain a quotation for the purchase cost of an annuity to fund the periodical payments and / or (not more frequently than once every seven years) for the express purposes of reviewing its reserve.

In other words, national courts will have to accept evidence gathered in another Member State, as long as the fairness of the procedure or the rights of defence enshrined in Articles 47 - 48 Charter of Fundamental Rights of the European Union («EU Charter») are not adversely affected (Article 30 (1)-RRB-.

The Court was called to examine the compatibility of this system with the Directive, with the freedom of establishment and with the principle of effective judicial protection and the rights of defence as enshrined in Articles 47 of the Charter of Fundamental Rights and 6 (2) of the European Convention on Human Rights.

In sum, there is still hope that the CJEU, together with national courts and with the help of mechanisms such as enforcement by the Commission and direct effect of provisions of the Roadmap Directives, will lead to more effective rights of defence throughout the EU.

(2) in the US litigation, Aker referred to the «Beaudoin» patents (which were prior art — although the Quebec court does not actually identify them as such) in only a few pages of its 1000 page Defence and therefore this was not an «essential element» of Aker's dDefence and therefore this was not an «essential element» of Aker's defencedefence;

In respect of (2), the Court of Appeal reiterated the test to establish the defence of fair comment, being: (a) the comment must be on a matter of public interest; (b) the comment must be based on fact; (c) the comment, though it can include inferences of fact, must be recognisable as comment; (d) whether the person honestly express that opinion on the proved facts; and (e) whether the defendant was actuated by express malice.

Acknowledging the issues were novel, the motions judge in SC v. NS concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so.

For the first time in Canada, an appeal court has upheld the use of duress as a defence to a charge of murder even though the Criminal Code explicitly rules it out.

skilled drafting of court documents, such as Skeleton Arguments and pleadings (Particulars of Claim and Defences)

As regards the funding of the proceedings, the Court found that if Mrs Godden had not funded the defence, Dreamland would not have defended the proceedings and the Foundation would have obtained judgment in default against Dreamland.

Defence lawyers, as well as the Supreme Court minority, took issue with this, as the onus to bring an accused to trial in a reasonable time has always been on the Crown.

The issue before the Court is whether the appellant, NNPC, should have to put up a further $ 100m security in the English enforcement proceedings, as a condition of being entitled to advance a good arguable defence that enforcement should be refused under the Arbitration Act 1996, s 103 (3).

Canadian courts had long held that common - interest privilege served as a defence to an allegation that, by sharing a legal opinion with mutually interested parties in a commercial transaction, the disclosing party had thereby waived solicitor - client privilege to the shared opinion.

His recent cases include defending the former President and majority shareholder of VAB Bank against charges of contempt of court (sole counsel); acting for Mercuria Energy Trading in its successful defence of a US$ 270 million claim by Citibank in one of the biggest High Court banking trials of 2014, acting for the Claimant in an on - going US$ 830 million fraud claim in the Commercial Court (Russian banking sector), a US$ 800 million joint venture dispute in the BVI and acting as junior counsel to the Claimants in Hulley & ocourt (sole counsel); acting for Mercuria Energy Trading in its successful defence of a US$ 270 million claim by Citibank in one of the biggest High Court banking trials of 2014, acting for the Claimant in an on - going US$ 830 million fraud claim in the Commercial Court (Russian banking sector), a US$ 800 million joint venture dispute in the BVI and acting as junior counsel to the Claimants in Hulley & oCourt banking trials of 2014, acting for the Claimant in an on - going US$ 830 million fraud claim in the Commercial Court (Russian banking sector), a US$ 800 million joint venture dispute in the BVI and acting as junior counsel to the Claimants in Hulley & oCourt (Russian banking sector), a US$ 800 million joint venture dispute in the BVI and acting as junior counsel to the Claimants in Hulley & ors v.

In the following paragraphs, the Court then examined the penalty system in the light of EU fundamental rights, but found it — essentially based on its features as already set out previously under Article 12 of the Directive — to be compatible with the principles of effective judicial protection and respect for the rights of the defence.