Sentences with phrase «favour granting»

Classic interlocutory injunction jurisprudence: is there a serious issue to be tried; would irreparable harm result if the injunction were not granted; and does the balance of convenience favour granting or refusing the injunction.

The Court confirmed the usual legal test for interlocutory injunctions (an order requiring a party to stop doing something pending a trial) applies: is there a serious issue (Google acknowledged there was); is the party seeking the injunction suffering «irreparable harm»; and does the balance of convenience favour granting the injunction.

The court must decide (1) is there a serious issue to be tried; (2) would the moving party otherwise suffer irreparable (i.e. not compensable with $ $ $) harm; and (3) does the balance of convenience favour granting the injunction.

The answer turns on classic interlocutory injunction jurisprudence: is there a serious issue to be tried; would irreparable harm result if the injunction were not granted; and does the balance of convenience favour granting or refusing the injunction.

No one, in a free market, would spend a penny of their earnings on wind turbines, solar panels, research grants for dubious climate science projects, local council sustainability officers, et al: the industry is entirely dependent for its existence on favours granted to rent - seeking troughers by the political class.

ERT Rule 110 requires the party seeking a stay to satisfy the common law test set out in RJR - MacDonald Ltd. v. Canada (Attorney General), [1994] 1 S.C.R. 331, namely: whether there is a serious issue to be tried; whether irreparable harm will result if the stay is denied; and whether the balance of convenience, including effects on the public interest, favours the granting of a stay.

When applying for an interim injunction, a plaintiff must show there is a fair question to be tried and that the balance of convenience favours granting the injunction.

Finally, Justice Belzil holds that the balance of convenience favours granting the injunction.

He held that she had been substantially successful in the result, that the proceedings were complex and raised matters of public importance, and that the terms of the offers to settle that had been made by both sides favoured the granting of costs.

A trademark owner must prove three things on a motion for an interlocutory injunction: (i) that its allegations raise a «serious issue» of infringement; (ii) that the harm caused by the infringement if it continues until trial would be «irreparable»; and (iii) that the balance of convenience favours granting an interlocutory injunction e.g. awarding an injunction would not cause any undue inconvenience to the alleged infringer.

Not exact matches

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.

It really doesn't matter procedurally how many motions were granted in which party's favour before the trial begins.

Granted regulatory powers difficult to oversee, driven to serve favoured constituencies, they frequently imperil civil society and individual liberty.

Luther was granting favours, not soliciting them.

This is what causes the favoured players to start feeling secured for their place and they start taking things for granted.

With such hot competition Liverpool can't take anything for granted, but Klopp's excellent record for bringing through youngsters should count in his favour if it comes down to Tielemans making the call between clubs.

It has been reported Southampton consider Liverpool's out - of - favour Sakho as a potential successor to Fonte, 33, but that a loan bid had been rejected and that only a permanent transfer would be granted.

In contrast non-EU immigration can be steered and controlled by selectively granting or denying Visas (I don't know how this works in reality, but that is an actual argument being made in favour of Brexit, mostly expressed as «taking back control of our borders»).

In its judgment, the Supreme Court answered the above issues in the affirmative and granted the reliefs indicated herein in favour of the Plaintiff.

He did not contest the 1987 general election, having been deselected by his constituency party (subsequent to boundary changes in 1983 which added roughly half of the old Wood Green constituency) in favour of Bernie Grant.

Grant someone a special favour (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members.

It would be recalled that Aluko had on Sunday granted a television station an interview, where he alleged that the June 21 governorship election in Ekiti State was rigged in favour of Governor Ayodele Fayose.

However, after the permission had been granted, a section of the student body came to see the University Management to register a protest with the reason that the SRC which is politically neutral, could not use the resources of all the students to organise a programme to favour one political party.

He continued «If we are serious about rebalancing the UK economy in favour of manufacturing then we should be equally serious about recognising and supporting the very industries that help deliver the medicines, cars, planes and houses that we all take for granted.

Justice, Inquest and Liberty were granted permission to intervene to argue in favour of an open, transparent and accessible inquests compatible with the right to life.

According to him, the apology is fake and an attempt by the under fire musician to gain the favour of the two appointees who may not grant him any audience following his unsubstantiated allegations.

Nnamdi Kanu was granted bail on a lesser charge but was rearrested on two occasions until the government filed higher charges relating to terrorism and treason and found courts which rightly on the basis of the more severe charges refused bail; Dasuki's case is more complicated - today there are valid orders of bail made by several courts in his favour, but he has consistently been re-arrested and a charge of leaving the army improperly over two decades ago is now being added to his alleged crimes -LRB-!)

In 2016 the Diamond Review recommended replacing tuition fee grants in favour of support for students» living costs.

Onjeh was subsequently granted permission by the court to inspect the electoral materials and amazingly, in the course of the inspection, it was detected that the number of votes announced in favour of Mark was more than accredited voters.

She is also said to have granted sexual favours to some of the top officials, and continues to enjoy their support due to threats of blackmail if they attempt to expose her.

The judge had on July 20, 2016, granted an ex-parte order in favour of the EFCC for the interim forfeiture of some landed assets in Lagos and Abuja linked to Fayose.

The PDP challenged its exclusion in the rerun at the Federal High Court, Abuja, which granted judgment in its favour.

According to her, the Federal High Court in Abuja had on May 30, 2017 granted an ex parte order in favour of the Federal Government against all the accounts owned and operated by them.

We can grant that few of them will be perfectly informed, but it's reasonable to take account of what they say anyway - the tradeoff between informedness and inclusion favours inclusion pretty clearly.

The PDP then challenged its exclusion in the rerun at the Federal High Court, Abuja, with the court granting judgement in its favour.

According to Cardio Haters» Grant Lofthouse, who favours five sets of six reps, «When your body is forced to adapt to the increased demands of a heavier weight, it responds by building more contractile proteins within the muscle, which increases muscle density and muscle tone (myogenic tone).»

A departure from the brothers» noir obsessions in favour of the Grant / Hepburn screwball model, the picture concerns dapper divorce attorney Miles Massey (George Clooney), fascinated by and smitten with lovely serial gold - digger Marilyn Rexwroth (Catherine Zeta - Jones).

Julian needs an urgent favour: transit papers for a «fugee» called Kee (Claire - Hope Ashitey), who must be granted safe passage through the various checkpoints to the coast.

Campaigners for what they say will be a «fairer funding» formula for schools argue that the distribution of school grants via local authorities unduly favours those in inner city and urban areas.

In recent years, this relationship has shifted in favour of the USA: in 2015, Brazil fell behind the USA in the rankings of the most important trading countries for German publishers on the American continent, with 124 licenses granted (compared to 215 for the USA).

While the romantics have never been the series» strong point (granted I do at least favour the Kaya and Akito couple quite a bit), other relationships between characters still continue to be one of the most compelling aspects, whether it's between partners, rivals, editors or audience.

Authorised Dealers may allow their branches / correspondents outside India to grant loans to or in favour of non-resident depositor or to third parties at the request of depositor for bona fide purpose against the security of funds held in the NRE / FCNR (B) accounts in India, subject to usual margin requirements.

And all else being equal, Kryptonite's busy tilting the odds in its favour... ICO due diligence process is still paramount, but its network of crypto - contacts, support / sponsorship of the crypto - community, balance sheet, growing credibility are granting it preferential and / or guaranteed access to ICO seed funding rounds, private / pre-sales, price discounts, bonus tokens, etc..

Total amount granted: USD 140,000: i) USD 30,000 from the Rapid Response Facility for the monitoring of unauthorized activities in the Bladen Nature Reserves which were impacting the property; ii) USD 30,000 for emergency conservation actions in favour of the critically endangered wide sawfish (2010); iii) USD 80,000 in support of public use planning and site financing strategy development for the Blue Hole Natural Monument (2008 - 2009).

Though aided by temporary weapon pickups left behind by deceased enemies, you are granted powerful alternatives alongside small health boosters, but these additions still struggle to feel helpful enough at times, failing to tip the odds in the player's favour.

Granted, at the core of the experience, you'll still be running around a map to install various attack towers to dispel the coming threat of beasts, but the old hand - drawn aesthetic has been scrapped in favour of a 3D, almost Claymation-esque approach.

They involve billions of dollars of subsidies of fossil fuel industries, of airport expansion and of road building, regulations which favour dirty technologies over clearn ones, granting planning permission for coal fire stations but refusing it for wind turbines, etc..

But winning the necessary six votes in favour of Direct Action — which offers competitive government grants to reduce greenhouse emissions — could be much more difficult.

But your point raises the question of why the academics who run the state - funded granting agencies favour the «luvly models run on big, all flashing, computers» rather than the run - of - the - mill scientist working «in the peace and comfort of his own little lab.»

Not just individual sciences but science as an institution is in dire straits because the idea of understanding reality at a fundamental level has been discarded in favour of far more mundane attractions like money, social allies, and political support where a genuinely scientific granting body would ignore or reduce support in order to foster wider research.