Sentences with phrase «hear the appeal because»

Justice Brown exercised his discretion to hear the appeal because: (i) the parties argued with vigour (as if the matter was not moot); (ii) the issue might not otherwise arrive at the Court of Appeal due to the costly three - stage appeal process and there was a strong public interest in resolving this legal issue; and (iii) the court was not deciding an abstract question (thus intruding into the legislative sphere) but was resolving an issue based on a complete record.

Lady Hale and Lords Kerr, Wilson, Reed and Hughes unanimously held that they had jurisdiction to hear the appeal because the outcome in Sala was plainly incorrect.

Not exact matches

It can be because one receives so many appeals for help that they no longer hear them or are affected by them.

Umm, so am in this position where I have to have a cesarean and I hear about this method called [laughs] the natural cesarean and it really appeals to me because I feel like it combines more of what I got with my vaginal birth.

Radford said the council's advisor believes that because the issues in their appeal are technically different, they may not be able to be heard at the same time.

Giving the lead judgement, master of the rolls Lord Dyson found the rules governing the appeals process under fast - track were «systemically unfair and unjust» because «the time limits are so tight as to make it impossible for there to be a fair hearing of appeals in a significant number of cases».

Otherwise, «any powerful person who asks someone to do something is committing a federal crime because people are afraid of powerful people and want to curry their favor,» Appeals Court Judge Richard Wesley noted in the Silver hearing.

«I'm appealing to you Mr President, there are so many things people are not telling you; when I get to that public hearing I will tell you some things that nobody ever told you Mr President because I never had the opportunity to sit down with you.»

We might believe that the reraising of the email legal issue days before the election unfairly tilted it one way, or emotive appeal or money unfairly tilted it another way, or that economic issues in some country promoted a racist candidate in that country to high office, but we don't argue that the election result becomes legally incorrect or invalidated because people (in our view) misjudged based on all they heard and knew.

Just because the number of appeals is large should not be a reason to take away that person right to be heard.

The attorney for the coalition suing the state said because the two hearings are so closed together, they're not sure it's worth fighting the appeal.

Because Justice Sonia Sotomayor recused herself — she sat on the panel that reviewed the issue in the appeals court — only eight justices heard the arguments.

Because U.S. Supreme Court Justice Sonia Sotomayor sat on an appeals court which heard one of the lawsuits, she will likely recuse herself, leaving the real possibility that the case will receive a 4 - 4 decision.

It's incredibly exciting to hear the kids say they love it because our characters appeal to their age.»

The U.S. Supreme Court declined last week to hear the appeal of a Montana woman who claimed she was fired from her job as a counselor at a Roman Catholic school because she was living with a man outside of marriage.

The appeals court heard arguments Wednesday in litigation filed over the N.C. State Board of Education's 2012 decision to disregard an application for a virtual charter school run by the company because it was submitted outside the time period allotted by the board.

I like that you say that self - publishing has brought you a lot of fulfillment and it makes you feel good, because I think for a lot of people it is not quite as appealing and it seems kind of like that last stop, whereas the event that both Richard and I was at last night with Christine, a lot of what I heard made me feel like self publishing is an empowering option for a lot of people and it doesn't need to be looked at like a last stop if you're not able to get an agent or a traditional publisher.

I haven't worked in almost a year and a half for medical reasons, and am waiting for a disability appeal hearing because I was denied on a technicality, so my boyfriend has been covering my student loan payment to protect my credit, and because I was raised that you pay what you owe.

Billy and Diane Boyd had asked for the hearing to appeal a decision by the Animal Control Hearing Council to have the dogs destroyed because they posed a threat to the hearing to appeal a decision by the Animal Control Hearing Council to have the dogs destroyed because they posed a threat to the Hearing Council to have the dogs destroyed because they posed a threat to the public.

Mulaka's gameplay is being designed in a way that appeals to the biggest audience we can because we believe that the stories we're telling deserve to be heard by many people.

If, because of a disability, a student participating in the any stage of the hearings (or subsequent appeals process) in any capacity requires a modification to policies, practices, or procedures, and / or an auxiliary aid or service the student should submit such a request in writing to the Dean of Students at least five days prior to the scheduled start of the hearing so that the request can be appropriately assessed prior to the start of the hearing.

Civil Society Fights Back: On 3 May 2007 at an appeal hearing at the European Patent Office in Munich, ETC Group and Greenpeace will argue that Monsanto's patent must be revoked because it is technically flawed and morally unacceptable.

Next month, the Supreme Court is due to hear Owens v Owens, in which Mrs Owens will appeal the decision not to grant her a divorce because the examples she provided of «unreasonable behaviour» were deemed not «unreasonable» enough.

Appellate experts such as SCOTUSBlog's Tom Goldstein pegged the odds of the Supreme Court hearing the appeal at «zero» because the dispute is primarily about facts rather than broad legal issues.

When someone has gone to a hearing on their own without an attorney, most of the time, they are losing because they did not get certain facts or evidence in that are necessary to win and those omitted facts can't be added later at the appeal level.

I, generally, do not represent injured workers on appeal when I did not represent them at the hearing because I need to have my evidence, facts, and exhibits put together at the hearing level so I have a basis for the appeal.

If you had an attorney in your corner at the first hearing, chances are much better that your attorney will represent you on an appeal because he or she already has an extensive knowledge of your case.

It is not because there are more criminal vs. civil appeals heard on Friday.

He was late to court because he was filing an appeal of the judge's decision to go forward with the hearing, he told the Virgin Islands Daily News.

Because the appeal court has its own opportunity to hear and consider the evidence in a trial de novo, it is not bound by the trial judge's factual findings.

They said their dismissal was automatically unfair because there had been a delay of several months in hearing the appeals against the decision to sack them.

Although the case was appealed to the Supreme Court it was never heard, because the school modified its admission practices and the point became moot.

The appeals court did note that if a court faces an emergency situation it may make a temporary change of custody before a hearing is held or before the other parent is notified, but because this was not the case in this situation the court was required to provide mother notice and an opportunity to present evidence before changing the child custody orders.

He relied on the Court of Appeal decision in Clibbery v Allen and submitted that financial and other personal information, when disclosed pursuant to the duty to give full disclosure, must not be reported when referred to at a hearing because of the existence of an implied undertaking not to use such documents for any purpose other than for the proceedings.

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

Note that an appeal will not be heard simply because you do not like the judge's decision.

20 (1) An appeal to the Divisional Court shall be heard in the region where the hearing or other process that led to the decision appealed from took place, unless the parties agree otherwise or the Chief Justice of the Superior Court of Justice orders otherwise because it is necessary to do so in the interests of justice.

So the appellants» attempt to delay the motion to the hearing of the appeal was unsuccessful, because it didn't properly consider the applicable practice direction (regardless of the Rules of Civil Procedure).

Lord Justice Thorpe said on Appeal «I am completely aghast at this case.There is nothing more serious than a removal hearing, because the parents are so prejudiced in proceedings thereafter.Once you have lost a child it is very difficult to get a child back.»

4) For a motion before a panel of judges, if the motion is to quash because of lack of merit, then that motion is heard together with the actual appeal (Practice Direction, s. 5.2).

The Court of Appeal made clear that although the loss of a half - day hearing might not be as serious as losing a trial date, it was still serious because it impacted upon other court users and was a significant factor which weighed against the granting of relief.

Court of Appeal held that administrative hearing violated due process because cross-examination of adverse witnesses was not permitted.

The appeals court found that the two statements were proper because, in the first instance, it rebutted the defense's opening statement that the jury would hear both sides and, in the second instance, it countered defense counsel's closing argument that «the evidence of innocence is compelling.»

The child submitted on appeal that the only factor to be considered by the judge hearing an application for a declaratory order was the child's age — and therefore, it was unnecessary to name the parents as parties or provide notice to them where the child was 16 or older because they could not contest the relief in any event.

Lord Neuberger, said, that in his judgment: «Having held a closed hearing, it turned out that there had been no point in the supreme court seeing the closed judgment [which related to the secret intelligence], because there was nothing in it which could have affected [our] reasoning in relation to the substantive appeal.

This would have made it nearly impossible to appeal for two reasons, first, because facial expressions and non verbal behaviors will not appear on a transcript of the proceedings, and second, because a self - represented person would not have raised it as a concern at the hearing, making the question on appeal - well why didn't you say something at the time?

The Court of Appeal determines it is appropriate to hear and consider the Province's first ground of appeal (that because the Chambers Judge's order restrains the lawful conduct of a government official, it is in the nature of an injunction and thus not available pursuant to s. 11 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89), despite the fact that the matter is moot and the present appeal was conducted without an adversarial coAppeal determines it is appropriate to hear and consider the Province's first ground of appeal (that because the Chambers Judge's order restrains the lawful conduct of a government official, it is in the nature of an injunction and thus not available pursuant to s. 11 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89), despite the fact that the matter is moot and the present appeal was conducted without an adversarial coappeal (that because the Chambers Judge's order restrains the lawful conduct of a government official, it is in the nature of an injunction and thus not available pursuant to s. 11 of the Crown Proceeding Act, R.S.B.C. 1996, c. 89), despite the fact that the matter is moot and the present appeal was conducted without an adversarial coappeal was conducted without an adversarial context.

The licence Apeeal Tribunal, set up by the government, has no jurisdiction to hear the licence appeal because reason doubt is beyond their jurisdiction, and no court hearing is provided to the driver thus no LEGAL decision or court transcript is avaialable for the appeal tribunal to review.

Indeed, the appeal in Denton was allowed because, by allowing in late witness statements, the judge had thrown away a 10 - day fixture which in turn caused a further 17 months of delay in listing the hearing.

The Ontario Court of Appeal is the the middle of hearing Mississaugas of Scugog Island First Nation v. National Automobile Aerospace Transportation and General Workers Union of Canada (Caw - Canada)(on appeal from the Divisional Court), in which the First Nation is arguing that the Labour Relations Act ought not to apply on their reserve because of their self - government rAppeal is the the middle of hearing Mississaugas of Scugog Island First Nation v. National Automobile Aerospace Transportation and General Workers Union of Canada (Caw - Canada)(on appeal from the Divisional Court), in which the First Nation is arguing that the Labour Relations Act ought not to apply on their reserve because of their self - government rappeal from the Divisional Court), in which the First Nation is arguing that the Labour Relations Act ought not to apply on their reserve because of their self - government rights.