The Hungarian Kúria (Supreme Court) had reservations over the interpretation of the DPD and
the determination of applicable law so referred the issue to the CJEU for a preliminary ruling.
Not exact matches
Toeing the same line, counsel to Sylva, Chief Ladi Williams (SAN), said the only
law applicable for
determination of the governors» tenure is the
law in existence when the cause
of action arose.
In the event that any provision
of these Terms
of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms
of Service, such
determination shall not affect the validity and enforceability
of any other remaining provisions.
Determination of principal residence status will depend on the specific facts and circumstances regarding the property and
applicable State
law.
As a rule
of international
law applicable in the relations between the parties, the Court ruled that the principle
of self -
determination had to be taken into account when interpreting the territorial scope
of the AA in accordance with the rule codified in Article 31 (3)(c) VCLT, and that the application to Western Sahara was thus excluded (Front Polisario paras 88 - 92).
The Court identified three relevant rules
of applicable international
law that the GC should have taken into consideration: the principle
of self -
determination, the territorial scope - rule codified in Article 29 VCLT, and the principle
of the relative effect
of treaties (also known as the pacta tertiis principle).
The IAD has used this test since 1970 and a large body
of case
law has developed around it, case
law now
applicable to s. 25
determinations.
Is the
law of Columbia, or England & Wales the
applicable law for
determination of (i) liability, (ii) limitation & (iii) quantification
of loss and damage
Such thinking may have been the reason why two recent statutory appeals against
determinations of the SDT have proceeded on the basis
of common ground between the parties that the
applicable standard
of proof was the criminal standard: see Afloabi v Solicitors Regulation Authority [2011] EWHC 2122 (Admin) and
Law Society v Waddingham [2012] EWHC 1519 (Admin).
SPECIAL CAPABILITIES • Knowledge
of policies and rules relating to eligibility
determination • Ability to interpret and apply
applicable laws • Exceptional social skills • Working knowledge
of current income limits • Excellent interpersonal and communication skills • Able to analyze data and make independent judgements