Sentences with phrase «court at first instance»

Two issues were before the court at first instance:

The county court at first instance found there was no collision but also that there was no fundamental dishonesty since the claimant had a history of back pain and so had not lied to the doctor.

The court at first instance found that there was a common intention constructive trust, imposing it upon the house - owner.

In accordance with the proposal the court at first instance followed Goldacre and Luminar and the matter proceeded to the Court of Appeal.

It was recognised by all parties that the Court at first instance would be bound to follow the decisions in Goldacre and Luminar and find that the March 2012 quarter rent was not payable as an expense of the administration and therefore only provable as a debt in the administration.

While the General Court at first instance ruled in favour of EFSA's decision of non-disclosure of the names of the experts, this decision, contested by the claimants, was annulled by the ECJ in the present case on the ground that the need to disclose the personal data had been sufficiently established by the claimants through their allegations of the existence of a climate of suspicion surrounding the authority.

Not exact matches

The ACCC has announced it will appeal the Air Cargo cartel decision; the case failed at first instance because the Court found there was no relevant «markt in Australia».

In an appeal from a case management decision, the court should ordinarily only interfere if the judge at first instance has not merely preferred an imperfect solution which is different from an alternative imperfect solution which the court might or would have adopted, but has exceeded the generous ambit within which reasonable disagreement is possible.

At first instance in autumn 2007 Mr John Randall QC sitting as a Deputy Judge of the High Court found for David.

The test for reversing the decision at first instance was whether the admission into evidence of the Wikileaks document, when weighed against other evidence, could have made a difference to the court's decision.

At the Federal Court of Appeal, the essential elements of the Federal Court disposition with regard to required accessibility were confirmed even though some elements of the first instance decision were varied, especially to remove the declaration of infringement by the government and the disposition to the effect that the Federal Court was keeping jurisdiction to ensure the effect of its declaration (Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)-RRB-.

Involved a substantial jurisdiction challenge at first instance and in the Court of Appeal.

At first instance, their claim failed, so they appealed to the Court of Appeal

At first instance before the BVI High Court Commercial Division the application for service out was refused by Bannister J., who felt constrained by the strict wording of the CPR.

Estafnous v London & Leeds Business Centres Ltd [2009] EWHC 1308; [2011] EWCA Civ 1157 Acted for the defendant, both at the first instance and in Court of Appeal, in the successful defence of a claim brought by an estate agent for a commission payment of # 2 million.

The Landlord succeeded at first instance, however, the Court of Appeal took a different view.

It is the assigned ICBC adjusters who, in the first instance, determine fault (and sometimes wrongly I might add) and ultimately the Courts who will make the final determination of who's at fault for a motor vehicle accident.

At the court of first instance the insurer was ordered to defend the actions.21 The Court of Appeal upheld that decision and dismissed the insurer's apcourt of first instance the insurer was ordered to defend the actions.21 The Court of Appeal upheld that decision and dismissed the insurer's apCourt of Appeal upheld that decision and dismissed the insurer's appeal.

At first instance, the High Court held -LRB-[2006] EWCA Civ 1656, [2006] All ER (D) 49 (Dec)-RRB- that the use of the O2 bubble marks by 3 was a breach of O2's rights under Art 5 of the Trade Marks Directive 89/104 / EEC (TMD), but said that the advertisement complied with the terms of the Comparative Advertising Directive 97 / 55 / EC (CAD) and so Art 6 (1) of the TMD, which provides a defence for «indications concerning the kind, quality and quantity, intended purpose, value, geographical origin, the time of production of goods of rendering of the service or other characteristics of the goods or services... provided [they are used] in accordance with honest practices in industrial or commercial matters» which meant there was no infringement.

Paul Hewitt, partner at Withers, says: «Charities, along with surviving civil partners or spouses of second marriages (for instance), faced with similar clauses are unlikely to take comfort because the Court of Appeal took a broader, more purposive, approach than the judge at first instance.

Green v. Law Society of Manitoba, dismissed at first instance by the Manitoba Court of Queen's Bench, was recently heard by the Manitoba Court of Appeal.

While Mr Vaughan's argument succeeded at first instance, the Court of Appeal had little truck with it, approving earlier guidance from Martin v Martin [1976] Fam 335, [1976] 3 All ER 625 and Norris v Norriss [2003] 1 FLR 1142, [2003] All ER (D) 428 (Feb): clear evidence of wanton dissipation of assets should result in factoring back of the relevant monies into the matrimonial pot.

Thus the Court of Appeal considers mostly only the «big money» cases tried at first instance by Family Division judges.

At first instance the court had made those directors liable to repay only those misappropriated sums which had passed through their hands, but not liable for the remaining misappropriated sums for which they had stood on the sidelines.

The Court of Appeal agreed with the first instance judge that the claim was time - barred but held that his cause of action accrued when he acted on the alleged negligent advice in 1997; an earlier date than that found at first instance (it also agreed that the claimant could not successfully overcome the limitation defence by relying on the provisions of s 14A of the Limitation Act 1980).

«The court has a protective role to intervene when legislators get it wrong, but it's not at first instance up to the court to say, «No, it really should have been this way and not that way.»»

Dory Reiling, judge at the Amsterdam first instance court, was formerly the IT policy officer for the Dutch judiciary and a senior World Bank judicial reform expert.

Nigel has over 20 years» experience as an advocate before the English Courts, both at first instance (particularly in the Commercial Court) and appellate level, and before domestic and international arbitration tribunals, both ad hoc and institutional, including ICC, LCIA, LMAA, UNCITRAL, and FOSFA / GAFTA.

Beyond the important constitutional principles involved, this case is also noteworthy because the judge at first instance in the Ontario Court of Justice made the ruling without resort to the Charter.

Many civil and criminal matters are dealt with at first instance by state trial courts.

At first instance the Magistrates» Court stayed the extradition following arguments in which it was submitted the extradition of this client in the particular circumstances amounted to an abuse of process.

The courts at all levels are now proactive in case management and most cases in the Supreme Court, the highest court of first instance, will be heard within 12 months of commenceCourt, the highest court of first instance, will be heard within 12 months of commencecourt of first instance, will be heard within 12 months of commencement.

The veto was challenged unsuccessfully at first instance, but last week an appeal court quashed the AG's veto and ordered costs against the government.

At first instance, the award was quashed as unreasonable, but the British Columbia Court of Appeal allowed an appeal by the union.

Chief Constable of West Midlands Police v Blackburn [2009] IRLR 135 (Court of Appeal) Appeared (led by Elizabeth Slade QC — now Mrs Justice Slade) on behalf of the Chief Constable at first instance, in the EAT and in the Court of Appeal in a case brought under the Equal Pay Act 1970 concerning the genuine material factor defence and justification for the payment of night shift supplements.

Sir Henry Brooke, a key member of the Court of Appeal in handling CPR issues, said at the December conference that that was the right approach: «If this new practice, and the existence of the overriding objective, gives the procedural judge at first instance greater immunity from appeal or review, then I believe that it has been very well documented that this has been no bad thing.

Caribbean jurisdictions maintain their internal court systems at the first instance and secondary appellate levels.

In applying those principles to the contract, the Supreme Court allowed E.ON's appeal and restored the order made at first instance — thereby holding MTH liable for the failure.

This is going to be a continuing debate before judges at first instance, with doubtless a future opportunity for the Court of Appeal to give further guidance.

Holmes v Evans (2012)(Court of Appeal)(claim to a prescriptive right of way over leased land; effect of procedural decisions at first instance)

This argument prevailed at first instance and in the Alberta Court of Appeal, [24] but not before the Supreme Court.

Alysha represents clients before courts and tribunals of first instance as well as at the appellate level.

In that case, at first instance and on appeal the court held that the party who had terminated a contract for a bad reason and ceased performing leading the other party to terminate for repudiation could not then claim damages when it, subsequently, discovered other grounds which, if it had known about them, would have entitled it to terminate.

Cukurova Finance International v. Alfa Telecom Turkey Ltd (PC) Stephen has been lead counsel for ATT in 6 out of the 9 Privy Council hearings, as well as multiple hearings in the Eastern Caribbean Court of Appeal and at first instance in the British Virgin Islands since 2007.

Scotto v. Petch: Re Sedgefield Steeplechase Company (1927) Limited Ref: [2000] 2 BCLC 211 (Lord Hoffmann at first instance); [2001] BCC 889 (Court of Appeal) Acted for the company at first instance and on appeal in a case concerning questions of whether the entry by shareholders into agreements concerning their shares activated pre-emption provisions in the company's Articles of Association.

Nigel has over 20 years» experience as an advocate before the English Courts, both at first instance (particularly in the Commercial Court)-LSB-...]

Platt v. Platt Ref: [1999] 2 BCLC 745 (first instance); [2001] 1 BCLC 698 (Court of Appeal) Acted at first instance and on appeal for the successful former shareholders in an action against a director who purchased their shares on the basis of misrepresentations and / or non-disclosure and / or in breach of his fiduciary duty.

At first instance the court applied the «sensible prosecuting authority» test that had developed since Conn, and dismissed the claim.

She succeeded at first instance and Mr Walkden appealed to the Court of Appeal.

«Costs rose when the county moved to a contract system [and there was also] a decline in the number of cases taken to jury trial, an increase in guilty pleas at first instance hearings, a decline in the filing of motions to suppress, a decline in requests for expert assistance, and an increase in complaints received by the court from defendants.»