Sentences with phrase «earlier judgment of the court»

The court held that the case is an abuse of the court process in view of the earlier judgment of the court in 2002 which upheld the sanctity of the rights of the Minister to issue licences to places of worship to conduct marriages, and the Registrar under the Marriage Act to register marriages.

Not exact matches

Gawker Media founder and CEO Nick Denton will file for personal bankruptcy protection as early as Monday after losing a fight in a Florida court for a shield against a judgment in a breach of privacy case involving professional wrestler Hulk Hogan, according to a person familiar with the matter.

Ebert argued the earlier agreements were invalid because they amounted to restraint of trade but Superior Court Justice Frederick Myers granted summary judgment in favour of Mars Canada in November 2016.

The Heather Blazing (1992), one of his early novels, opens with Eamon Redmond, a conscientious high court judge in Dublin, writing his last judgment of the term before joining his wife Carmel for summer vacation in the County Wexford, from which they hail.

Basically Glasgow City Council owes East Renfrewshire Council more than # 600,000 and our Labour MP, Labour MSP and Labour Council have done nothing to get us this money from their Labour colleagues in Glasgow, despite a Court of Session judgment in early December 2008.

The Supreme Court had in its judgment in the appeal numbered SC / 133/2017 nullified the earlier majority judgment of the Port Harcourt Division of the Court of Appeal, of February 17, 2017 recognising Sheriff as the authentic chairman of the party.

Martin Amidu's application praying the court to allow him to cross examine Woyome over the refund of the 51 Million Cedi judgment debt paid him follows a move by the Attorney General's (AG) office, led by the Minister for Justice, Marietta Brew Appiah - Oppong, to discontinue an oral examination of Mr. Woyome, despite serving an earlier notice.

When we had the Court of Appeal judgment earlier, we had to write a letter and it took about four days before the secretariat was opened to us.

The judgment upholds an earlier ruling by the Court of Appeal.

The Court of Appeal on December 16 also affirmed the judgment of the Rivers Governorship Election Tribunal which had earlier on October 24 nullified Mr. Wike's election.

The development is as a result of the May 4, 2018 judgment of the Court of Appeal, Lagos Division, dismantling the restraining orders of the Lagos Division of the Federal High Court earlier obtained by the federal lawmaker.

A Court of Appeal sitting in Benin, the Edo State Capital has affirmed the Prophet Jones Erue - led Executive of the All Progressives Congress in Delta State thereby vacating an earlier judgment by an Asaba High Court which nullified the congress that produced the executive.

This followed the December 12, 2017 judgment of the Court of Appeal in Abuja, which restored three out of the entire 18 counts earlier dismissed by the CCT.

I expect we will see a burst of inconsistent lower court judgments early in the new year followed by some significant appellate decisions in the spring.

Here, client at first suffered a default judgment of $ 86,676.88 in favor of former attorney, but client obtained relief from the default judgment from the appellate court in an earlier decision.

The Court of Appeal judgment — which overturned an earlier Administrative Court judgment — is available here and was reported on for the Justice Gap by YLAL co-chair Ollie.

The law librarians of Ontario would be ecstatic if the Superior Court would issue a practice direction welcoming (or merely allowing) the use of online forms of judgments for books of authorities where the online version is reliable, has paragraph numbering, etc. (see my earlier SLAW blog post here from January 2008 on this topic).

Chief Magistrate Roberts acquitted the accused relying on an earlier Nova Scotia court judgment: «Unless the witness is able to testify with confidence what characteristics and what «something» has stirred and clarified his memory or recognition, then an identification confined to «that is the man», standing by itself, can not be more than a vague general description and is untrustworthy in any sphere of life where certitude is essential.»

Following an early 2015 day long evidentiary TRO and Preliminary Injunction hearing in Utah's Fourth District Court, Kelly Nash and Jordan Cameron obtained a stipulated $ 500,000 judgment of breach of non-competition and trade secret misappropriation claims.

The judgment, handed down by Lord Justice May in the Court of Appeal last week (19 February), ruled that an earlier judgment ordering CBUK to pay # 4.2 m in damages to Wembley Stadium's main contractor Multiplex should be reduced to # 1.8 m.

For one, it suggests a court can control the scope of a motion for summary judgment through early judicial involvement and, where necessary, the parties can bring a motion for directions in advance of a planned summary judgment motion.

But the Court argued that both earlier judgments, which established the legality of linking to and framing of content which has been made available with the consent of the right holder, merely underline the importance of the right holder's consent for the legality of such references.

The Federal Court of Appeal on June 27, 2014 has given its judgments in Catherine Leuthold's two uphill appeals in a case about which I have written earlier at length.

We enjoy being in court, but are also dedicated to early development of case strategies to leverage favorable resolutions at the claim construction and summary judgment stages, when that best suits client objectives.

In Faris v. Eflimovski, the Court of Appeal affirmed its earlier judgment in 1196158 Ontario Inc. v. 6274013 Canada Limited16 where it held that the plaintiff bears a stringent burden at a status hearing pursuant to the former Rule 48.14 (13).

The Court of Appeal judgment — which overturned an earlier Administrative Court judgment — is available here and was reported on for the Justice Gap by Ollie.

Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing when summary judgment is appropriate in a car accident case involving the payment of future medical expenses.

After evaluating the asserted patent and AMES products, Brooks Kushman planned a strategy of moving for summary judgment at a very early stage of the case, and encouraging the court to address claim construction issues as part of that motion.

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

It also finds that readability has a stronger relationship to summary judgment success in federal courts than in state courts.2 After several earlier studies of appellate brief quality and success on appeal yielded conflicting results, our finding paves the way for additional research.

Partly relying on the earlier judgment, the court ordered the use of the software.

Referring to the decision of Justice Brown in Canada v. Fairmont Hotels Inc. and citing the earlier decision of Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., 2002 SCC 19 (CanLII), the Court of Appeal affirmed that the purpose of rectification is to restore the parties to their original bargain, not to set right an error of judgment.

The English Court of Appeal has today handed down a unanimous judgment dismissing an appeal from the earlier Commercial Court decision of Phillips J upholding the enforcement of a New York Convention (CIETAC) Arbitration Award for a significant US dollar sum.

Thus, the court reversed the trial court's earlier denial of summary judgment favoring the city.

On 27 July 2011, the UK Supreme Court handed down a judgment which clarified concerns raised by the earlier Court of Appeal decision regarding the ability of parties to exclude certain categories of person from appointment as arbitrators.

The decision to move the publication of judgments to CanLII was prompted by the assurance of earlier and easier access to Court judgments, and the need to realize labour cost savings.

The bias was obvious to me, but it was some time before I found what I recognized as extraordinarily incriminating evidence: a speech that the author of the BCCA judgment had given some years earlier to the BC Council of Administrative Tribunals at a function that I reasonably assume was attended by some, if not all, of the Vice Chairs of the tribunal I had successfully challenged in the lower court.

Overturning an earlier judgment of the Employment Appeal Tribunal, the court held that the union had misrepresented to the women the nature of the deal which was on offer from their employers.

In a judgment released earlier today (Speciality Produce Limited v Secretary of State for Environment, Food and Rural Affairs [2014] EWCA Civ 225), the Court of Appeal dealt with a case where the claimant, SPL, had sought judicial review of an initial decision by the Rural Payments Agency derecognising it as a producers organisation under the relevant EU Regulation.

In a judgment which departed from important aspects of the reasoning adopted in earlier cases (in particular, the High Court's Judgment in Asda Stores Ltd v MasterCard Inc and the CAT's determination in Sainsbury's v MasterCard), Phillips J -LSB-...]

Ball says the Young case is significant because the Supreme Court adopted the reasoning of the House of Lords» seminal judgment in Spring v. Guardian Assurance plc — a case Canada's highest court had earlier rejected using in another Court adopted the reasoning of the House of Lords» seminal judgment in Spring v. Guardian Assurance plc — a case Canada's highest court had earlier rejected using in another court had earlier rejected using in another case.

Mr. Pratap learned senior counsel submitted that even if earlier Court has erroneously assumed jurisdiction by applying Part - I, in another proceeding based on different cause of action, same Court can decline to exercise jurisdiction based on subsequent judgments of Supreme Court and this Court.

A: The earlier trial court judgment acknowledged that there was this much earlier decision called Gold Seal, where the Supreme Court took a narrower understanding of Sectioncourt judgment acknowledged that there was this much earlier decision called Gold Seal, where the Supreme Court took a narrower understanding of SectionCourt took a narrower understanding of Section 121.

The court then granted summary judgment in favor of defendants, finding that defendants did not infringe and that the asserted claims of the patent were invalid in light of prior art that pre-dated the earliest conception date that Taurus could prove.

The defendants were not entitled to reconsideration of the court's decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court's earlier conclusions.

Based on these earlier cases, the Court concluded that past precedent supported judicial deference to legislative judgments on what constituted a sufficient public good justifying the use of the takings power.