Sentences with phrase «court considers each application»

The Queen (on the Application of Newby Foods) v. Food Standards Agency (No. 7)[2014] EWHC 1340 (Admin) The Administrative Court considered an application made against the European Commission on the ground of breach of the principle of loyal cooperation.

The Administrative Court considered an application made against the European Commission on the ground of breach of the principle of loyal cooperation.

The basic jurisdictional foundation for a court considering an application in respect of a child is found in Art 5 and is the habitual residence of the child.

The Court considered the application of the investigative obligation derived by implication from Article 3.

The Queen (2016 TCC 173)(Gerbro), the Court considered the application of the Offshore Investment Fund Property (OIFP) rules contained in section 94.1 of the Income Tax Act (the Act).

The court considered the application of R v Goodyear [2005] EWCA Crim 888, [2005] 3 All ER 117 in cases where the defendant is charged with one or more offences which are specified offences within Sch 15 to the Criminal Justice Act 2003 (CJA 2003).

For instance, in the 1992 Supreme Court of Canada Genereux case, the court considered the application of s. 11 of the Charter to military trials involving Criminal Code offences.

The reference to «a civil court» in May LJ's judgment suggests that this decision is intended to apply to all courts considering applications based on anonymous hearsay evidence.

The court considered an application filed by finance manager Aleksey Leonov, who requested permission to recover funds from a debtor, Ilya Tsarkov, by seizing Tsarkov's crypto assets.

Not exact matches

The court, whose decision is final, said in a statement Tuesday that it had examined the cycling union's biological passport program as a part of Caucchioli's case and «found that the strict application of such program could be considered as a reliable means of detecting indirect doping methods.»

He also filed an interlocutory application which he urged the court to consider before the hearing of the main suit.

The legislation «gives courts broad powers to consider a waiver application and makes clear that their discretion is not limited to a direct threat against a person's safety,» the release said.

«The case of the seven (7) persons who were imprisoned as a result of the 2013/2014 market fire riots would be brought before the Court to consider an application for bail by Wednesday, 21st February, 2018,» the Communique added.

(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.

The court will on Monday consider his bail application filed by Melaye's legal team led by Mike Ozekhome (SAN).

«The court should not consider the application now.

«In this application, if one carefully considers the reliefs sought by the first interested party at the high court, it becomes abundantly clear that the court was never called upon to interpret article 94 (1)(a) of the constitution.

Earlier, counsel to Agbele, Chief Mike Ozekhome, SAN, had urged the court to consider a bail application of his client on liberal terms.

The defence counsel also pleaded with the trial judge to consider the bail application, saying his client has been with the police since April 24 and was released on bail on Wednesday by an Abuja magistrate court only to be rearrested by the police, adding that his client case should be for prosecution and not persecution.

When the case came up on Wednesday, Counsel to Usman, Mr Abiodun Owonikowo (SAN) urged the court to consider the former minister's application to travel for medical reasons.

The prosecutor, Okoli, did not oppose the application for variation of bail conditions, but urged the court to consider the nature of the charges against the accused before granting the application.

Jacobs, in response, opposed the application and urged the court not to grant it considering the weight of the offence adding that, «the defence counsel's submission was not based on law».

However, trial Justice Abang requested both the prosecution and defence lawyers to address him on whether the court could grant Metuh's request considering that he previously dismissed two similar applications on May 25, 2016 and on February, 2017.

Dr. Alice Green, Albany civil rights activist and Executive Director of the Center for Law and Justice, is on the five - member panel Sheehan has appointed to advise her as she considers applications: «We're gonna be very, at least I'm gonna be very sensitive to what I think someone can bring to not only the court, but to the community at large.»

The court announced that it «found that the strict application of such [a] program could be considered as a reliable means of detecting indirect doping methods.»

The court ordered the State Director of Health to consider an application for a public research grant filed by a religious university.

The judge said the decision about whether to hold a judicial review should be heard in open court, after privately considering the merits of the application.

Proof of consistent alimony or child support payments, which may include divorce or separation documents, court records, canceled checks, etc. (You do not have to include information about income from alimony, child support or separate maintenance payments unless you want to consider this as income for your application.)

Before considering the payments as income on your loan application, a lender may ask to see a legal separation agreement, court order or final divorce decree.

Following the regulatory reform of July 2007, which introduced the substantive examination of national patent applications, and thanks to the growing competence and quickness of specialised IP Courts, alongside the effective EU and national customs rules concerning importation of alleged counterfeiting products, patents in Italy are considered more and more as an indispensable tool for competition.

Where a variable PPO is made, it follows that the court remains seized of its jurisdiction to consider any application to review the level of the payments at a future date should the contingency materialise.

The Court also considered that «while the objective of that regulation is to complete the internal aviation market, the EU legislature considered that the achievement of that objective could also be thwarted by restrictions applied to air routes with third countries» (para 50) and that various references in the Regulation itself and in other secondary rules concerned the application of EU rules to air transport services from and to third countries (paras 50 - 52).

It looks like a routine application of well - worn standards and in particular of what has been long - considered the trite principle that what has to be decided is whether the employer acted reasonably, not whether the court would have reached the same decision.

Instead the court must consider what is expedient to the administration of an estate in the context of each individual application.

More recently, in Murrin Construction Ltd. v. All - Span Engineering and Construction Ltd., 2012 BCCA 251, the Court of Appeal confirmed that the factors to consider on an application to dismiss for want of prosecution are:

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challengcourt at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challengCourt of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

The courts held that an injunction could be granted where it was just and proportionate to do so and that a judge hearing an injunction application could not consider the merits of the planning decision as this was a matter for the appeal stage.

CONSIDERING that, as any national court, the Unified Patent Court must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;&rcourt, the Unified Patent Court must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;&rCourt must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;&rCourt of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;&rCourt must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;&rCourt of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;»

Interestingly, the court stated that just because a claim for litigation privilege fails in a document production application the party is free to raise the claim again at trial and the trial judge will need to consider whether the documents can stay out of evidence for grounds privilege.

In private proceedings, FPR 2010, r 16.6 (3) says a child can conduct proceedings: first, if the court gives permission (r 16.6 (3)(a): which must assume that a child is permitted to make their own application to a judge); or, secondly, if a solicitor is willing to be instructed and they «consider that the child is able, having regard to the child's understanding, to give instructions in relation to the proceedings» (r 16.6 (3)(b)-RRB-.

«(1) On an application for relief from any sanction imposed for a failure to comply with any rule... the court will consider all the circumstances including --(a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

Also, the attitudes of a particular court towards the application of foreign cases in domestic ones plays an important role - the US Supreme Court has been known to be particularly hostile to considering foreign cases, especially in relation to constitutional matcourt towards the application of foreign cases in domestic ones plays an important role - the US Supreme Court has been known to be particularly hostile to considering foreign cases, especially in relation to constitutional matCourt has been known to be particularly hostile to considering foreign cases, especially in relation to constitutional matters.

Applying that approach to the facts in Morris, the Court of Appeal considered that the judge's approach to the application had not been too restrictive: it had been light touch, but, in the circumstances, not to the extent that the judge could be said to have failed to undertake the statutory exercise required by MCA 1973, s 31.

«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.

Instead, the court is economically enjoined to «consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need (a) for litigation to be conducted efficiently and at proportionate cost; and (b) to enforce compliance with rules, practice directions and orders.»

Parental involvement s 11 On an opposed application to make, vary or discharge an order under s 8 of the Children Act 1989, or where the court is considering whether or not to make a parental responsibility order, a rebuttable presumption is raised that involvement of the parents — of some direct or indirect kind but not any particular division of a child's time — will further the child's welfare.

Although the victim will have the right to be heard on an application to vary or discharge a restraining order, this does not apply when the court is considering the imposition of a restraining order in the first place.

Mayerson also examines different approaches to choice of law, ranging from contractual choice of law clauses, state statutes that govern choice of law or the Restatements approach, which lists factors for courts to consider in identifying the state with a more substantial interest in application of its law to the case.

Where an application is made by the appellant the issue of a PCO should be considered afresh by the Court of Appeal upon its merits, but where the beneficiary of a PCO has succeeded in the court below, it will usually be the case that a PCO will also apply in the Court of Appeal (paraCourt of Appeal upon its merits, but where the beneficiary of a PCO has succeeded in the court below, it will usually be the case that a PCO will also apply in the Court of Appeal (paracourt below, it will usually be the case that a PCO will also apply in the Court of Appeal (paraCourt of Appeal (para 47).

In 405341 Ontario Limited v. Midas Canada Inc., the court considered, inter alia, whether an Ontario choice of law clause in a franchise agreement resulted in the application of Ontario's franchise legislation, the Arthur Wishart Act (the «Act»), to the franchise relationship.