Sentences with phrase «development of the common law»

And, big picture, arbitration decisions do not contribute to the incremental development of the common law.

Furthermore, fewer appeals mean less development of the common law and that, in turn, means diminished outcome predictability available to assist lawyers in advising clients.

There are occasions, however, where legislatures «steal» laws from other jurisdictions, in which case they often look to each other for early development of common law on those laws.

Although the possibility of a claim in contract was raised by several of their lordships — Lord Hope in particular stating that there may be «room for development of the common law», such a claim is likely to face a number of additional difficulties.

But that popularity of arbitration has unintended consequences which may not necessarily benefit other parts of the legal system: the Lord Chief Justice remarked as much in the 2016 Bailii Lecture, stating, «as arbitration clauses are widespread in some sectors of economic activity, there has been a serious impediment to the development of the common law by the courts in the UK, particularly though the Commercial Courts in London.»

The decision of the Court of Appeal of Fiji in Republic of Fiji v Prasad is a landmark in the development of the common law.

Mediation and ADR are not universal panaceas and there is a need for judicial decisions and the development of the common law, without which there would have been no Donoghue v Stevenson.

Returning to my rant, I sign off with these lines from the opening paragraph of Hryniak: «Without public adjudication of civil cases, the development of the common law is stunted.»

Without public adjudication of civil cases, the development of the common law is stunted.

Instead, Justice Cromwell, writing for a unanimous panel, took «two incremental steps» in the development of the common law (para 33): first, he acknowledged «good faith contractual performance» as «a general organizing principle of the common law of contract»; second, he recognized as a «manifestation» of this principle, a duty of honest performance.

The problem has arisen through the incremental (or rather accidental) development of the common law.

He views the disappearance of trials as «a change in [the] very architecture» of our judicial system, a system for resolving disputes that, he notes, has largely remained constant for more than 200 years.8 Similarly, Texas Supreme Court Chief Justice Nathan Hecht explains, «It's a detriment if we lose the development of the common law through cases and appeals that have been the [basis of the] rule of law in this country since its founding.»

Time will tell if Trites will influence the development of the common law or whether the decision will simply be considered an outlier.

As Toulson LJ also said in [R (Guardian News and Media Ltd) v City of Westminster Magistrates» Court [2012] EWCA Civ 420, [2013] QB 618], para 88: «The development of the common law did not come to an end on the passing of the Human Rights Act 1998.

The growth of the state has presented the courts with new challenges to which they have responded by a process of gradual adaption and development of the common law to meet current needs.

However, these trends also have a number of costs in the form of negative impacts on the development of the common law, potential procedural unfairness, and power imbalances between disputants.

Given our Court's recent willingness to take into account Charter rights in the development of common law protections in general, there is hope that freedom of expression and privacy will guide any application of this injunction power.

Charter values inform the proper interpretation and development of the common law, so need to be taken into account by judges and decision makers, but are not binding on the competing parties.

The court also noted the importance of public adjudication of disputes for the development of common law.

The social attitudes towards issues like labour supply, gender, wealth, property ownership, death, indigenous rights and so many others have changed substantially during the development of the common law and, in many cases, in the last 50 or 100 years.

The issues of recognition and extinguishment of native title have been kept separate in the development of the common law doctrine of native title.

The common law does not necessarily conform with international law, but international law is a legitimate and important influence on the development of the common law, especially when international law declares the existence of universal human rights.

In Mabo, Brennan J noted (with Mason CJ and McHugh concurring), the effect on the development of the common law of Australia's accession to the Optional Protocol to the International Covenant on Civil and Political Rights:

Other participants in the native title system also provide insight into the operation of the Native Title Act, the system it establishes, and the development of the common law.

It next arises to consider whether any underlying principle can be derived from the express provisions and structure of the Constitution as to the relevance of international law as a limitation upon the exercise of legislative and executive power, and hence for the interpretation of statutes and development of the common law.

[35] In the development of the common law (and equity and administrative law), international law is a legitimate and important influence, especially when international law declares the existence of universal human rights.

It adopts the same assumption that underlies the development of the common law; it assumes there is a fundamental difference between Indigenous rights on land and sea.