Sentences with phrase «for judges at first instance»

If I could claim to have fully considered the sum of your collective contributions concerning stare decisis as emphasizing the need for judges at first instance to be fully informed of the applicable law and to follow it, then I would have expanded my speculative musings to suggest that notoriety of a lower court decision is what gives it the potential to muscle its way into gaining equal consideration alongside authoritative higher court rulings when the issue before the court is novel.

That guidance seemed consistent with a tendency, which has been apparent for the past 12 months or so, for judges at first instance not to read Corner House restrictively.

Not exact matches

At first instance in autumn 2007 Mr John Randall QC sitting as a Deputy Judge of the High Court found for David.

Paul Hewitt, partner at Withers, says: «Charities, along with surviving civil partners or spouses of second marriages (for instance), faced with similar clauses are unlikely to take comfort because the Court of Appeal took a broader, more purposive, approach than the judge at first instance.

Dory Reiling, judge at the Amsterdam first instance court, was formerly the IT policy officer for the Dutch judiciary and a senior World Bank judicial reform expert.

Despite the considerable evidence in Anthony's favour, the judge at first instance found for the 2005 will.

The judge at first instance made an order for possession having concluded, among other things, that the causal relationship between the schizophrenia and the unlawful subletting was insufficiently established.

This is going to be a continuing debate before judges at first instance, with doubtless a future opportunity for the Court of Appeal to give further guidance.

At first instance, the District Judge rejected Profindo's claims and also upheld Abani's counterclaim against Profindo for a shortfall in the quantity of cement delivered.

The employment judge at first instance found that the employer had reasonably believed that the contract became illegal with the expiry of the passport, and so the claimant could not enforce her claim for breach of contract.

This had been contended for by the MDU on cross appeal which was allowed — Johnson had appealed, inter alia, on the damages awarded by the trial judge following his success at first instance.

The judge at first instance referred to a «culture of dishonesty» evidenced by tax evasion and imprisonment of one of the protagonists for fraud.