Sentences with phrase «determination of the preliminary issues»

Buck argued that even in that context the determination of the preliminary issues was in the interests of the scheme beneficiaries as a whole, and relied on its representative role to support that position.

Not exact matches

So let's give Mr Justice Coulson an eight per cent over base increment in his salary for venturing into the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD (I) A 1998) in Ruttle Plant Hire Ltd v Secretary of State for the Environment, Food and Rural Affairs [2008] EWHC 730 (TCC), [2008] All ER (D) 191 (Apr) which involved the determination of 17 issues in the second round of preliminary issues in the case.

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.

Now that Judge Pender has made this remand initial determination on the narrow issues the Commission asked him to revisit, the parties can petition for review of that preliminary ruling (they already requested that the Commission review the original initial determination), and unless the Commission now decides to adopt Judge Pender's recommendations as the final ruling, the parties will then get to submit briefing on the issues key to the review.

[115] It is not the Court's role to dictate procedure; however, in the circumstances that unfolded in this case, it would be expected that once the ACO received the ACFN's Statement of Concern from the AER, and understood that, contrary to the ACO's preliminary determination, the ACFN believed there was a duty to consult, the ACO should have provided notice to the ACFN that the ACO would be making a final determination on the issue.

The Third Circuit reiterated the requirement that district courts engage in rigorous analysis of the elements of the claim in analyzing Rule 23 class certification issues, including conducting a preliminary inquiry into the merits as necessary to make the determination.

This appeal arose in the context of a dispute between insurers with respect to the payment of statutory accident benefits («SABS»), and the determination by the arbitrator of a preliminary issue.