Sentences with phrase «exceptional circumstances of the case»

In her Ladyship's view the judge was right, in the exceptional circumstances of the case, to give great weight to his need to hear the evidence.

Not exact matches

These «truisms» should form a kind of perimeter for the moral imagination, even if there will be exceptional cases based on social and historical circumstances.

America should seek the agreement of other powers for such operations but not fear unilateral action under exceptional circumstances — in the case of Iran's nuclear program, for example.

There are also SMART goals like an end to police cells being used as a place of safety in cases of mental health in children (by 2016) and for adults in all but exceptional circumstances (by the end of the next parliament).

In such cases Parliament should assert itself by calling him before the relevant select committee (home affairs) and if after a detailed examination he is found in a vote of the committee to be clearly liable, a report of the proceedings should be sent forthwith to the relevant minister which in the absece of exceptional circumstance should lead to his dismissal.

This isn't always the case and in some exceptional circumstances a 3rd party emerges, frequently as a result of splintering of one of the two major parties.

I agree with Tim Montgomerie that manifesto commitments should be honoured in all but exceptional circumstances, and the Government is in any case bound by the wording of the Coalition Agreement (as well as, more practicably, by the objections of the Liberal Democrats).

In a white paper published in March last year, the former education secretary Nicky Morgan said the government would consider ways for parents to petition RSCs to move their child's school to different trusts in cases of underperformance or in other exceptional circumstances.

The Tour Director may deviate from them only in cases of extremely bad weather, extraordinary traffic conditions or other exceptional circumstances.

In addition, in cases where a claimant lacks legal capacity to manage their affairs, the cost of the Deputy's fees after year two should involve a periodical payments order, save in exceptional circumstances, decided by the court.

Assuming that the DPP's policy on this point is lawful, the circumstances in which the defence might be able to persuade the DPP to discontinue on public interest grounds are probably fairly narrow and limited to exceptional cases, e.g. interference with the prosecution of another charge.

In those instances, civil courts have the ability to stay an action pending resolution of the criminal matter in «exceptional or extraordinary circumstances where there is a real risk that the right to a fair criminal trial will be seriously prejudiced by the continuation of the civil case.»

Once those ceilings have been breached, the delay is considered «presumptively unreasonable» and the case is tossed unless the Crown can prove there are exceptional circumstances, such as the complexity of the case.

Even though under exceptional circumstances it may be argued that legal requirements such as the publication in the Official Journal do not have to be met in a specific case, this method of adopting measures should at least have been criticized in order not to create a precedent for future «measures» taken by press release.

In a non-PAP case, before proceedings the claimant should send a letter before claim and the defendant give a full written response within a reasonable period (for example, 14 days for a straightforward matter, 30 days if complex or third party involvement of say an insurer with longer than 90 days only being reasonable in exceptional circumstances).

Munby J reviewed the case law and clarifi ed that the requirement for the circumstances to be exceptional was, in his view, appropriate at one end of the McKenzie friend spectrum where one party was assisted by a «professional McKenzie friend», holding himself out as an advocate, but not at the other end (though this could change depending on the circumstances), such as in Clarkson v Gilbert (Rights of Audience)[2000] 2FLR 839, [2001] All ER (D) 317 (Feb) where a husband seeks to assist his unwell wife.

On the basis that the result of the legislative provisions would probably be that the valuer would find that the shares in Northern Rock was either nil or a «derisory» sum, the claimants submitted that that was a case of expropriation without compensation, which could be justified under Art 1 of the First Protocol only in exceptional circumstances.

«Special contribution remains a legitimate possibility but only in exceptional circumstances... such a contribution can, in principle, take a number of forms; that it can be non-financial as well as financial; and that it can thus be made by a party whose role has been exclusively that of a home - maker... in some cases... its amount will be so extraordinary as to make it easy for the party who generated it to claim an exceptional and individual quality which deserves special treatment.

This in turn may result in a finding that the Moorburg power - plant project does have adverse effects on the integrity of the site in which case a permit would need to be revoked, unless the exceptional circumstances of article 6 (4) apply.

The Court of Appeal also determined that Rule 57.07 (1)(c), which deals with costs unnecessarily incurred as a result of a lawyer's conduct, did not apply as that rule is to be used only in exceptional circumstances and the conduct of plaintiffs» counsel in the case at bar was without reproach.

[29] I am mindful of the Supreme Court's admonition «to apply the framework contextually and flexibly for cases currently in the system,» but nonetheless find that the case is clearly over the presumptive threshold for cases in the Provincial Court and the Crown has not met its burden to establish the presence of exceptional circumstances... [more]

In this case, the HPRB reasoned, however (according to the court) that while past conduct history was not relevant as to whether particular conduct took place «except in exceptional circumstances,» the information was nonetheless relevant «to what the inquiry committee might have done, in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....»

However, that precedent also established a list of other factors, all of which could be considered in this case, including: how regular the gifts are (or whether there were circumstances that made them exceptional); how many years they had been given by the parents to the husband; whether they were part of the family's income and lifestyle while the couple was together; the income generated by the gifts relative to the husband's entire income; their true purpose and nature; and whether they are likely to continue.

In circumstances where cases exceed the 18 months ceiling, it has been found that the accused's rights under section 11 (b) of the Canadian Charter of Rights and Freedoms («Charter») have been violated and a stay of proceedings may be granted, except under «exceptional circumstances».

The Court of Appeal has clarified that that case depended on its own «quite exceptional» facts — there the circumstances were such as to make it appropriate to imply a right to park, because there was no other viable parking for W, and it was possible to park without interfering with O's use of the land.

The Six - Pack and TSCG already contain «safeguard clauses» referring to possible deviations from objectives in cases of «exceptional circumstances».

But that is not to say that such an order can be made only in exceptional circumstances (save that, in the case of a «professional» McKenzie friend who acts also as an advocate, setting himself up as an unqualified advocate providing advocacy services, whether for reward or not, the court will make an order only in exceptional circumstances).

the Court does not have power, or alternatively should not (absent exceptional circumstances) exercise a case management power to «transform» a claim pleaded as a Part 7 claim for breach of statutory duty under the PCR 2015 into a claim for judicial review,

The Appellant therefore applied to the Supreme Court to appeal the decision made in respect of B's habitual residence and sought consideration as to whether the circumstances of the case were «dire and exceptional», so as to allow the Court's inherent jurisdiction to be exercised.

In addition the FRWG's view is that the development of the financial dispute resolution (FDR) appointment has been a very successful part of the 1996 reforms and that (save where the court has deliberately ordered otherwise in truly exceptional circumstances) the FDR hearing should feature in all cases as a compulsory requirement.

I also think that the circumstances of the case point out to the exceptional features of the case, as we know that the sole fact of having a patent is not problematic.

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

These cases established that a breach of Article 3 (sending an applicant to a real risk of torture or inhuman and degrading treatment) would only be found in the most exceptional circumstances, namely where there were compelling humanitarian considerations such as an applicant being critically ill and facing mental and physical suffering and hastened death upon removal.

The Court rejected this argument as well, stating that the circumstances of the case were not «rare and exceptional», such as the breakdown of diplomatic of commercial relations with the alternate forum.

Applying the principle established by Arnold v Britton and the subsequent line of cases that followed it, the Court held that the circumstances of the case were not so exceptional as to require considerations of commercial common sense to drive the court to depart from the natural meaning of the contractual provisions.

Cases of actual innocence in Wisconsin (will look at cases from neighboring states, or beyond in exceptional circumstaCases of actual innocence in Wisconsin (will look at cases from neighboring states, or beyond in exceptional circumstacases from neighboring states, or beyond in exceptional circumstances)

The Insolvency Act 1986, which governs this area, provides that the interests of the bankrupt's creditors outweigh all other considerations unless the circumstances of the case are exceptional, which means that an order for the sale of the family home, unless the spouse can buy out the bankrupt's share, is almost inevitable.

In the dual cases of Octane Fitness / Highmark, the U.S. Supreme Court adopted a very flexible «under the circumstances» test for awarding attorney's fees under a patent - fee shifting statute for «exceptional» cases.

There are, of course, cases where suspended sentences were imposed for cocaine and heroin trafficking based in the doctrine of exceptional circumstances.

once the presumptive ceiling is exceeded, the burden shifts to the Crown to rebut the presumption of unreasonableness on the basis of exceptional circumstances; exceptional circumstances that lie outside the Crown's control: (1) reasonably unforeseen or reasonably unavoidable, and (2) can not reasonably be remedied; if the exceptional circumstance relates to a discrete event, the delay reasonably attributable to that event is subtracted; if the exceptional circumstance arises from the case's complexity, the delay is reasonable.

In the Jordan ruling, a five - judge majority of the Supreme Court said if a case in provincial court takes longer than 18 months between the person's arrest and the anticipated end of their trial, then it should be stayed unless the Crown can prove there are exceptional circumstances.

Blank: The issue in Octane Fitness v. Icon Health and Fitness is whether the current two - prong standard for determining whether a case is «exceptional» enough to warrant attorneys fees should remain intact or be changed to a less rigorous standard, perhaps something more akin to «totality of the circumstances.»

Applying New Mexico law, the Court determined that this case was not an «exceptional circumstance» where medical causation is within common experience or the knowledge of the average person, and they granted the defendants» motion, preventing the plaintiff from getting her case to a jury.

Although the old and failed statutory procedures are on their way out, the court made the important point (for «rump» cases, but also possibly for the new uplift power) that the fact that an uplift would be for a very large amount of money for possibly only a relatively technical breach of procedure (for example, a 35 % uplift here would have netted # 1m) can be an «exceptional circumstance» for not awarding even 10 %.

It was noted that the circumstances of the case were «exceptional» and so it was considered there would not be a floodgate of civil claims where the claimant argued that the reason for the delay in issuing proceedings was the defendant's impecuniosity.

The outcome of this case will be interesting: on a narrow interpretation of exceptional circumstances, Mrs Avis may be forced to sell her home.

In this case, counsel for the union member submitted that the issue of credibility of a witness constituted an exceptional circumstance.

The Court of Appeal decided that the application could proceed, and has remitted the case to the High Court for consideration of potential exceptional circumstances to allow a postponement of the order for sale of the property.

The threat of contempt proceedings was more likely to motivate a person to give information frankly if the court was willing to give permission for the use of information obtained under a freezing order in any appropriate case, than if the court was prepared only to give permission to use that information in contempt proceedings in exceptional circumstances.

No guidance is given in TLATA 1996 about the meaning of «exceptional circumstances», and so evolving case law has served to provide the parameters of the court's discretion.