Sentences with phrase «discretionary nature of the exercise»

As Lord Justice Rix pointed out in Konkola, the discretionary nature of the exercise enabled the court to couch its decision in terms that did not prejudice the final trial, eg by deciding that the material before it was not sufficiently good to displace an established jurisdiction, or, presumably, to establish jurisdiction in England.

Not exact matches

Having considered the nature of the court's discretionary power, the judge went on to consider the circumstances in which that power should be exercised and, again, the judgment of HHJ Pelling QC provided some assistance.

The Division staff has permitted registrants to avoid filing proxy materials in preliminary form despite receipt of adequate advance notification of a non-Rule 14a - 8 matter as long as the registrant disclosed in its proxy statement the nature of the matter and how the registrant intends to exercise discretionary authority if the matter was actually represented for a vote at the meeting.

The duty of the Governor of Ohio was merely ministerial, and he had no right to exercise any discretionary power as to the nature or character of the crime charged in the indictment.