Sentences with phrase «element of any case under»

An essential element of any case under the Convention is that, «pursuant to the laws or regulations of the state of habitual residence, said removal or retention breaches the rights of custody with respect to the child attributed to the petitioner.»

Not exact matches

Chief of staff John Kelly, and others in the White House, have come under fire for their handling of the Porter case and for reportedly knowing about elements of the allegations against him in the months before his resignation.

Second, these three cases all included elements of bedsharing which are considered unsafe — one mother was drunk and her leg was over two infants» faces when they were found dead and in the third case the infant was found under an older sibling.

A new «team» element comes in to Skate 3 as you build a group of skaters that ride under your own banner; in our case, Team Attitude.

Don't be fooled by the game's extensive use of usual freemium elements like recharge times, daily missions, bonus - granting character customization (or in this case, taxi pimping) and timed events, though, because under this dreaded hood lies raw, classic Crazy Taxi action with all the tricks and, well, craziness that made the older games so memorable, except with simplified controls and limited movement.

We still don't know the full story and the police are saying «Although charges have been laid, there are still some elements of the case that are under investigation.»

The entire country and indeed the entire planet are under an all out weather warfare and biological warfare assault, this has been the case for a very long time (since the elements being sprayed are highly toxic, the biological contamination must be considered an aspect of these programs).

Under Florida Statute Section 90.702, experts may offer their opinion on any subject in a case that is appropriate for expert testimony, meaning a matter in which the testimony would assist the jury in determining any fact that is relevant to the elements of a claim or defense.

Section IV is reserved for the institutional framework under the AAs and the operation of the «non-execution» clauses in case an «essential element» of the agreements is breached.

Second, the ECJ concluded that «a person who has obtained a copy of a computer program under a license is entitled, without the authorisation of the owner of the copyright, to observe, study or test the functioning of that program so as to determine the ideas and principles which underlie any element of the program, in the case where that person carries out acts covered by the licence and acts of loading and running necessary for the use of the computer program, and on condition that that person does not infringe the exclusive rights of the owner of the copyright in that program» (para. 62).

When making a judicial determination on the allocation of litigation costs, two decisions fall to the deciding judge under Civil Procedure Rule (CPR) 44.2: establishing which of the litigating parties is the «winner», and applying judicial discretion to determine any discounts or changes to awarded costs necessary to reflect elements of the case.

Most motorcycle accident cases fall under personal injury, and in order to prove a personal injury case the elements of negligence must be proved by the plaintiff.

If a case proceeds to confiscation under the Proceeds of Crime Act 2002 (Criminal Justice Act 1988 / Drug Trafficking Act 1994 for older cases) this element of the case is paid ex post facto at hourly rates.

172 A leasehold condominium corporation shall not register a notice of termination under section 122 or 123 or sell the property or a part of the common elements under section 124 unless the lessor has consented to and executed the notice or the agreement of purchase and sale, as the case may be.

However, the interesting element of the case comes next: he also considered whether McCambridge are entitled to an injunction under section 71 of the Consumer Protection Act 2007 on the basis that Brennans were engaging in a misleading commercial practice.

It may be due to current economic pressures that Duxbury calculations seem to be less prevalent; nonetheless, there will be cases in which capitalisation of periodical payments is appropriate and the court will have regard to the various elements required to calculate a Duxbury sum pursuant to the court's duty under the Matrimonial Causes Act 1973 (MCA 1973), s 25A to consider a clean break.

The key point in the judgments of Lords Justices Pill and Lloyd, is their approval of the emphasis placed by the EAT under Elias P on the need in a case such as this — for an element of misrepresentation of the true tax position by the parties.

PRINCIPLE (1): BASIS OF A CONTRACT The element of personal service has figured significantly in many of the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P Steelcraft Ltd and another [2008] IRLR 355, [2008] All ER (D) 353 (Feb) adds a new twist to it, shading into what in traditional contract law would be known as «intention to create legal relations», ie was there any contemplation of any form of employment being the basis of the relationship at alOF A CONTRACT The element of personal service has figured significantly in many of the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P Steelcraft Ltd and another [2008] IRLR 355, [2008] All ER (D) 353 (Feb) adds a new twist to it, shading into what in traditional contract law would be known as «intention to create legal relations», ie was there any contemplation of any form of employment being the basis of the relationship at alof personal service has figured significantly in many of the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P Steelcraft Ltd and another [2008] IRLR 355, [2008] All ER (D) 353 (Feb) adds a new twist to it, shading into what in traditional contract law would be known as «intention to create legal relations», ie was there any contemplation of any form of employment being the basis of the relationship at alof the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P Steelcraft Ltd and another [2008] IRLR 355, [2008] All ER (D) 353 (Feb) adds a new twist to it, shading into what in traditional contract law would be known as «intention to create legal relations», ie was there any contemplation of any form of employment being the basis of the relationship at alof the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P Steelcraft Ltd and another [2008] IRLR 355, [2008] All ER (D) 353 (Feb) adds a new twist to it, shading into what in traditional contract law would be known as «intention to create legal relations», ie was there any contemplation of any form of employment being the basis of the relationship at alof any form of employment being the basis of the relationship at alof employment being the basis of the relationship at alof the relationship at all?

After some confusion in the case - law of the ICTY as to whether or not «specific direction» was required for aiding and abetting, it now appears to be settled that, under CIL, knowledge is the requisite mental element for that mode of liability.

The World Bank acknowledges customary title as a means of facilitating econ omic development and recently noted that «subject to minimum conditions, [customary title] is generally more effective than premature attempts at establish ing formalised structures».38 It should be noted that agricultural use of land is a key element of the value of land in the World Bank analysis, whereas this is not necessarily the case for remote land held under Indigenous communal ownership.

What you don't see: the reinforced masonry piers underneath their decorative casing and other structural steel elements used throughout the house's construction in an effort to spare it from the same fate as the historic lighthouse that inspired its design Everyone loves: the shady spot under the house, complete with outdoor fireplace for cool nights when the sound of the surf is too enticing to stay inside.