Sentences with phrase «established case law»

This is in line with well - established case law of the European Court of Justice, but does highlight the difficulty in the watershed of the Court envisages between the interpretation of the law and its application to the facts, especially in relation to the effect - category, since this requires a factual analysis.

Relying on established case law on the intersection between the distress remedy and termination, the Court stressed that for any given breach a landlord may elect to terminate or affirm the lease.

A screen committee can not make findings of fact, however, and this makes Reyhanian consistent with established case law in British Columbia, such as Farbeh, where a court distinguished the role of a discipline committee from the role of a screening committee.

The Court addresses these issues by referring to its well established case law on the division of roles between national courts and the European Court of Justice (para. 29).

One of the provisions provided: «Negative comments on the internal operations of the bureau, or specific conduct of supervisors or peers that impacts the public's perception of the department is not protected by the First Amendment free speech clause, in accordance with established case law.»

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

In re Leyland Daf Ltd [2004] UKHL 9, [2000] All ER (D) 1867 the House of Lords delivered the frighteners to liquidators (guaranteed for in excess of 12 months) in overturning long established case law which provided that the expenses of a liquidator should be paid out from available assets — including assets the subject of a floating charge — before payments to creditors.

This contextualization with reference to Council voting patterns suggests that the Court of Justice in Opinion 2/15 did not intend to significantly change established case law by proposing mandatory mixity for agreements covered partly or entirely by shared competences.

The Court considers that under Article 5 (3) the «place where the harmful event occurred» is intended to cover both the place where the damage occurred and the place of the event giving rise to it, so that the defendant may be sued, at the option of the applicant, in the courts for either of those places (established case law since Case 21/76 Mines de Potasse d'Alsace).

Point out that your daughter, according to established case law precedent, is old enough to have her wishes taken into account and Wall LJ should have asked her where she wanted to live.

On the face of the generally established case law, it seemed that, as long as the Ktunaxa could prove their beliefs were sincere, they had a fairly strong case for demonstrating an infringement of religious freedom.

As a result of the relatively small pool of decided cases, most abuse cases also raise novel issues as there is in Canada relatively little established case law.

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

(It is well established case law that an attorney can't represent a client in which he himself is a witness in the case.)

«It's not infrequent grounds for a reversal... but there is a well - established case law on improperly selected juries.»

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

- The Commission is more unequivocal in its approval of the position taken by the ECJ in Meca - Medina, stating that «in line with established case law, the specificity of sport will continue to be recognised, but it can not be construed so as to justify a general exemption from the application of EU law» and that «competition law and Internal Market provisions apply to sport in so far as it constitutes an economic activity».

Those who invest through equity crowd funding are shareholders, and Canada has reams of established case law that sets out what happens when directors and executives don't fulfil their duties.

The test case is the first of its kind and will establish case law, demonstrating the extent to which the courts are willing to punish people who are breaking injunctions online, Whittingdale said.

The Ministry of Justice has dismissed Mr Justice Mostyn's comments outright, saying his analysis «does not reflect the government's position» because it is inconsistent with both the charter and established case law.

While the costs endorsement repeats well - established case law, it is noteworthy because it affirms an expansive view: that an insured is entitled to full indemnity in any coverage case.

The motion judge's inference that the claims officer should have been concerned was «unreasonable» and «without any support in the evidence or in the established case law,» Molloy said.

Moreover, it would be an interesting addition to the analysis of the Deckmyn case to draw a comparison with the ECtHR case law which dealt with similar issues of balancing the copyrights and the right of freedom of speech (for example the recent case Ashby Donald and others v. France) and to established ECtHR case law on protection of political speech (which under the established case law of ECtHR is given the highest level of protection).

It is well - established case law that Member States can only justify distinctly applicable measures by relying on the express derogations contained in the Treaty which in turn are interpreted narrowly.

Case law It is established case law that payment by a third party will not be sufficient to discharge the debtor unless it is made by the third party, as agent, for and on account of the debtor and with his prior authority, or subsequent ratifi cation (see Simpson v Eggington (1855) 10 Exch 845; Smith v Cox [1942] 2 KB 558; and Crantrave Limited v Lloyds Bank Plc [2002] All ER (Comm) 89).

According to the ABCA, based on established case law (RM v JS, 2013 ABCA 441 (CanLII)-RRB-, the exercise of a court's discretion to consider the wishes of a child is dependent on two pre-conditions: i) that the child objects; and ii) that the child has attained an age and degree of maturity at which it is appropriate to take account of the child's views.

In any of these circumstances, there are special rules and established case law that set out the priority of policies which are required to respond to a claim.

This very surprising outcome is important, and may be seen as a radical departure from the established case law of the Court on the necessary threshold for establishing an Article 2 violation in State (i.e. NHS) hospital cases.

Both the majority and the minority in the Supreme Court purported to apply the established case law about appellate review and each side robustly accused the other of not understanding or properly applying the law.

Moreover, in some cases, these children were placed by the local authority, and should be treated as looked after children, according to established case law, but the carer is kept in ignorance of this or the local authority actually denies such responsibility.

The attorney is looking into this more, but it seems that unless you want to be the «guinea pig» that establishes case law, then I would highly recommend finding a way to operate within the boundaries of the law — as the DOC is interpreting it.