Sentences with phrase «dismissed at first instance»

The wife's application was dismissed at first instance and in the Court of Appeal on the ratio that both courts lacked jurisdiction.

The Defendant's application was dismissed at first instance.

Green v. Law Society of Manitoba, dismissed at first instance by the Manitoba Court of Queen's Bench, was recently heard by the Manitoba Court of Appeal.

The claim had been dismissed at first instance following the judge's misinterpretation of the information requirements under the Consumer Contract Regulations 2013

Not exact matches

The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.

At the court of first instance the insurer was ordered to defend the actions.21 The Court of Appeal upheld that decision and dismissed the insurer's appeal.

At first instance, the challenge was dismissed by the regional administrative tribunal on the basis that «the supply of cleaning services at stations, installations, offices and workshops was ancillary to the performance of activities covered by special sectors, in that those services related to elements forming an essential part of the rail transport network» (C - 152 / 17, para 16, emphasis addedAt first instance, the challenge was dismissed by the regional administrative tribunal on the basis that «the supply of cleaning services at stations, installations, offices and workshops was ancillary to the performance of activities covered by special sectors, in that those services related to elements forming an essential part of the rail transport network» (C - 152 / 17, para 16, emphasis addedat stations, installations, offices and workshops was ancillary to the performance of activities covered by special sectors, in that those services related to elements forming an essential part of the rail transport network» (C - 152 / 17, para 16, emphasis added).

At first instance the court applied the «sensible prosecuting authority» test that had developed since Conn, and dismissed the claim.

At first instance the Employment Tribunal («the ET») dismissed the claim.

The Court of Appeal upheld Supperstone J's judgment at first instance which had dismissed all three grounds.

The appeal judge at first instance dismissed the appeal on the basis that the trial judge had been correct in his approach.

It is disconcerting that the Court of Appeal in the case of Wood - v - TUI Travel 2017 (not a Hill Dickinson case) dismissed an appeal where the judge at first instance held that section 4 (2) of the Supply of Goods and Services Act 1982 (the Act) could be used against TUI in respect of a claim of contaminated hotel food in order to hold TUI strictly liable.

At first instance, Supperstone J dismissed HC's challenge to the regulations.

At first instance, Snowden J considered this sufficient to dismiss the application for security for costs.

The Court of Appeal reversed the decision of the judge at first instance so as to dismiss the claim of a young man, who had injured himself in reckless late night horseplay on the council's land.