Sentences with phrase «courts recognise»

The regulations may facilitate or encourage a position that traditional owners are only entitled to redress for impacts on their interests to the extent that courts recognise native title rights.

The form in which the courts recognise native title today is determinative of whether native title is extinguished by our summary past dealings on Indigenous land.

This means that, in general, the Irish courts recognise court orders made in jurisdictions with similar legal systems.

London is often the preferred choice for the economically weaker party in a divorce because English courts recognise that there should be no discrimination between contributions made by a homemaker and a breadwinner.

By practicing preventative law, educators and their governing boards should be able to limit, if not eliminate, liability because courts recognise that teachers and administrators can not be liable for all incidents in which students are injured, particularly if accidents occur spontaneously.

«Second because the court recognised that Algeria has changed so as to allow us to deport this individual without jeopardising his human rights, thanks to the Algerian Charter on Peace and National Reconciliation and the assurances we have received from the Algerian government.»

He noted the Justices of the Supreme Court recognised the need for significant changes in our electoral process and therefore gave a road map in their various judgments during the 2012 Election Petition.

Quoting the relevant portions of Justice Kolawole's judgment, Falana said by acknowledging that the National Assembly was not a rubber stamp parliament, the court recognised the duty of the legislature «to debate and make its informed inputs» into the President's budget proposals.

In July 2014 in Coventry v Lawrence [2014] UKSC 46, [2014] 4 All ER 517, the President of the Supreme Court recognised that a decision that recoverability was illegal would have «very serious consequences for the government» which may have to repay all of the additional liabilities paid by losing parties whose human rights had been breached.

The District Court recognises this argumentation in their statement that «it is defensible that, as a downside of this [EU citizenship being reserved for subjects of the Member States of the EU], the loss of the status of citizen of an EU member state leads to the loss of EU citizenship» (Para. 5.14).

The problem is that whether a German court recognises British court judgements is really something that the UK Government has little control over, unless a treaty can be negotiated to regulate matters.

In the context of this case, the court recognised that the «potential impact on the livelihoods of solicitors and access to justice» meant that a «high degree of fairness was required».

Indeed, the Supreme Court recognises at Paragraph 79 that the UK's specific constitutional arrangement with regard to EU law arose at least in part because «there was no practical alternative to such an arrangement in a dualist system».

The Court recognised that Part VI, which deals with enforcement and administration, which grants the PHIPA Commissioner «extensive procedural and investigate powers in relation to complaints (ss.

But it is not a wholly absolute one: the court recognises foreign countries can not make it impossible, or unreasonably onerous, to renounce allegiance to that country.

The Court recognised the wide ranging effect of this decision, across professions other than medicine.

Although the Court recognised the potential impact of data retention on freedom of expression, it chose not to examine the validity of the Directive in light of Article 11 of the Charter.

[32] In these cases the Court recognises the basis of a position by a Member State that an individual can exercise concealment, and therefore avoid persecution on return to the country of origin (para. 64).

In Agbaje, the Supreme Court recognised that not only was there was a large disparity between what the wife received Nigeria and what she would have received in England; there was also a large disparity between what the husband received and what the wife received such as to create both a «real hardship and a serious injustice».

The Supreme Court recognised that where Parliament used a word such as «violence», the factual circumstances to which it applied could develop and change over time.

The court recognised that there might be situations where it would be disproportionate to disclose, but the tenor of the judgment makes clear that such cases would be exceptional.

And Bizeau says that the Paris court recognised «the importance for the integrity of process of full and prompt disclosures by arbitrators.»

The court recognised that the ISPs are not guilty of any wrongdoing, and it rejected a submission that the power of the court is limited in certain circumstances.

As the Divisional Court recognised at paragraph [29] of its

As the Divisional Court recognised at paragraph [29] of its judgment, «if making a donation of the kind described in paragraph 2 (1)(c) of Schedule 15 also involves incurring a referendum expense, then only permitted participants could make such donations exceeding # 10,000, and only the designation organisation could make such donations exceeding # 700,000, without contravening the rules restricting campaign spending.»

For the avoidance of doubt, the Second PFA which Pearl seeks that the Court recognise and enforce pursuant to Articles 42 (1) and 43 of the Arbitration Law is thus the Second PFA as it stands corrected by the Memorandum of Correction.

«The Supreme Court recognised the important role fees can play, but ruled that we have not struck the right balance in this case.

Further, the court recognises that animals provide necessary support for people with mental health disabilities such as depression, anxiety and trauma.

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

The court recognised that in the case of a provision of primary legislation that is «so clearly, inherently and absolutely incompatible with EU law», it must be disapplied.

The Supreme Court recognises openness and accountability to the public as critical to democracy and the rule of law.

The court recognised that constitutional principles applying to taxing statutes are to be applied when considering the CIL regime.

Tomlinson LJ The funder's ongoing role The Court recognised -LSB-...]

The court recognised that the privacy of communications between lawyer and client is protected by Art 8, as noted above.

The court recognised the state's interest in controlling access to a court when it came to certain categories of staff.

Faced with conflicting expert evidence on the benefits and disbenefits of smoking, the court recognised its inability to draw precise conclusions in what is clearly a difficult value judgment.

The Court recognised that the Spanish authorities had failed to respond to the requests of their Finnish counterparts in a reasonable period of time.

As the Divisional Court recognised at paragraph [29] of its

As the Divisional Court recognised at paragraph [29] of its judgment, «if making a donation of the kind described in paragraph 2 (1)(c) of Schedule 15 also involves incurring a referendum expense, then only permitted participants could make such donations exceeding # 10,000, and only the designation organisation could make such donations exceeding # 700,000, without contravening the rules restricting campaign spending.»

Besides, the court recognised Bitcoin to have a transferable value.

The judge commented that «the court recognises no religious distinctions and generally speaking passes no judgment on religious beliefs or on the tenets, doctrines or rules of any particular section of society.

The Court recognises that the Children's Contact Service is not bound by its orders although the Children's Contact Service will endeavour, if the parents meet its criteria, and it has appropriate facilities and resources, to provide services as set out in the Court orders.

As the Federal Court recognised in Northern Territory v Alyawarr:

The Court recognised exclusive possession native title over approximately 1037 square kilometres of land at the northern end of the Dampier Peninsula, and non-exclusive possession native title over the inter-tidal zone.

More recently, in a consent determination, the Federal Court recognised that the Gunditjmara people in Victoria hold non-exclusive native title rights and interests over 133,000 hectares of vacant crown land, national parks, reserves, rivers, creeks and sea north - west of Warrnambool.

The Federal Court recognised their native title rights and the Gunditjmara peoples are now using these rights to re-establish commercial eel farming.

[73] On land where the Court recognises these types of rights, future developments will still need to follow the «right to negotiate» and other relevant NTA procedures.

The Court recognised the common law right of Indigenous peoples to land based on their continuing use and connection to land.

Not exact matches

The Supreme Court's ruling means they are now no longer allowed to do so and must legally conduct and recognise same - sex as well as heterosexual marriages.

«We urge the Minister of Guidance and Endowments, Dr Ammar Mirghani Hussein Mohammed, to ensure that the ministry complies with the court's decision and recognises the legitimacy of the [SEPC] committee.»