Burns continues: «The fact that the defendant then proceeds to win the National Lottery, further underlines
the exceptional nature of the case, and why the discretion should be exercised in the claimant's favour.
Not exact matches
For both Augustine and Hobbes the bellum omnium is a marginal
case, illustrative
of certain truths about human
nature but not, except in situations
of exceptional breakdown, actually descriptive
of normal human existence.
We remain concerned about the lack
of due process in their
case and the
exceptional nature of their punishment.
While Jones»
case is unusual in terms
of both the severity
of her crime and the
exceptional nature of her academic accomplishments — and most
of all for the contrast between the two — she is but one
of a much larger group pursuing higher education while bearing a criminal record.
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.
(i) it was not a policy for
exceptional cases because a person was automatically disqualified if he could be likened to another: in order to qualify, a patient must show in effect that he is unique, rather than merely
exceptional in the ordinary sense
of the word as being «
of the
nature of or forming an exception; out
of the ordinary course, unusual, special.»
Dereci (
Case C - 256 / 11, EU: C: 2011:734) confirmed the
exceptional nature of the Zambrano doctrine.
It was the husband's
case that this was not a
case of the «
exceptional»
nature referred to by Mostyn J in B v S, where a maintenance award could exceed needs.
This was therefore «an
exceptional case where the
nature of the relationship justified a finding that there was a contract
of employment between the agency and the workers» (para 82).
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