The ease of publishing on the web means that comments about trial level decisions can show up in the first 10 google hits as easily as comments about tomorrow's
court of last resort decision.
Not exact matches
Made a
decision that
courts are the place
of last resort but that the people I try to help usually end up much worse and much poorer no matter what kind
of a job I was doing and I so decided to devote the rest
of my career to working with people to resolving conflict outside
of the
court system.
(iv) Where the
court is not satisfied on the basis
of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution
of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the
decision making, or there is no reasonably practical alternative); or (d) order crossexamination
of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case
of an affidavit
of documents.
There is no
court in any country which is invested with such high powers as this: the constitution has made it the tribunal
of the
last resort, for the
decision of all cases in law or equity arising under it.
The landmark
decision is The Matamajaw Salmon Club v. Duchaine, since deceased, [1921] UKPC 94, [1921] 2 AC 426, with the opinion delivered by Viscount Haldane for the Judicial Committee
of the Privy Council, at that time the
court of last resort for the Empire, overturning a decision from the Supreme Court of Canada, [1919] S.C.R. 223, on appeal from 27
court of last resort for the Empire, overturning a
decision from the Supreme
Court of Canada, [1919] S.C.R. 223, on appeal from 27
Court of Canada, [1919] S.C.R. 223, on appeal from 27 Que.
In the
court's view there can be no legal gap between health and social care provision provided by the local authority under NAA 1948 «as a
last resort» since «the secretary
of state has put in place a structure which requires the PCT to take account
of the social services authority's statutory competence so that the resulting
decision will define the services which the social services authority is obliged to provide».
In discussions with Judge LaRose, I have learned that he believes most families should try to resolve issues related to divorce outside
of court, and that they should only
resort to a judge imposed
decision as a
last resort.