Sentences with phrase «impact upon the courts»

For example, the Council of Her Majesty's Circuit Judges was drawn «inexorably» to «the conclusion that little or no consideration» had been given to the impact upon the courts of «limited and poor quality representation and the potential for injustice».

Not exact matches

Its course of action upon learning of the grave threat was not to protect the public interest, but rather to minimize the impact of the threat to their image as a company, and the status of its case before the Supreme Court.

(A) The competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and

Based upon the record before the Court, which includes the Competitive Impact Statement and any comments and response to comments filed with the Court, entry of this Final Judgment is in the public interest.

About the lawsuit stopping the floodgate project, the court said that its opinion and order should «in no way be construed as precluding the Lake Pontchartrain project as proposed or reflecting on its advisability in any manner,» and it stressed that «upon proper compliance with the law with regard to the impact statement, this injunction will be dissolved and any hurricane plan thus properly presented will be allowed to proceed.»

There is inadequate understanding of the impact of technology upon the evidence that courts and tribunals deal with, and the need for evidentiary and procedural laws to be sufficiently flexible to deal with technologies that have different natures, uses, strengths, weaknesses and dangers.

The Committee's Report makes no reference to the impact of the unaffordable legal services problem upon the court system and its unacceptable levels of delay.

The trial court viewed the issue as one of school placement only and did not, correspondingly, consider factors pertaining to the impact that out of state school placement would have upon each parent's parenting time with the children.

In a relatively rare consideration of the impact of Art 8 upon financial provision, Peter Hughes QC sitting as a deputy High Court judge in M v M [2006] All ER (D) 58 (Jun) considered the impact of an application for disclosure from a third party and set out some useful guidance on the basis that Art 8 reinforced the principle that an order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the case.

But because the decision will be a first for superior courts in Canada, and because such decisions are binding upon the lower courts, the ruling will have broad impact.

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 reCourt 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 recourt users and was a significant factor which weighed against the granting of relief.

The Court affirmed that an employer has a duty to all of its employees both to end the abuse and to alleviate its impact upon the employment environment.

Holmes: From my perspective, the time to reconsider attorney fee awards has come, and, if the Supreme Court agrees, the impact upon technology and other companies that are victims of patent trolls will be significant.

On appeal it was argued that: (i) the sentence was wrong in principle given that she had two young children and the sentence would impact greatly upon them; and (ii) the court should have regard to the balance between the public interest and the welfare of young children such as these.

The investigations vary in scope depending upon the legal issues in your case, but this investigator's job is always to inform the Court about what is going on that could impact the children and to make a recommendation for parental responsibilities in the current case based on the investigator's opinion on what would be in the child (ren)'s best interests.

While Justice Beaumont has commented that the three year disposition target for native title matters was aspirational rather than mandatory, [16] anecdotal evidence that the Federal Court is generally unwilling to adjourn native title cases suggests that these quantitative performance indicators in fact significantly adversely impact upon the management of native title cases for representative bodies.

(129) While the existence of these two courts is undoubtedly crucial for the customary laws of the Maori people to have an impact upon western legal frameworks when dealing with matters of land, no criminal court exists that provides the same forum for the primacy of Maori customary law.

However, the court also found that the relocation of a child by the parent of primary residence from one location in New Jersey to another may have a significant impact upon the relationship between the child and the non-residential custodial parent, and in those circumstances it may be necessary to modify the terms of the custodial and parenting - time arrangement.

The Court of Appeals of Washington concluded that the Rule of Reason required consideration of the impact of the activity upon competition in the relevant geographic market which, under antitrust law, is the area to which the purchaser can reasonably turn to obtain the product.

All that they can do is produce reasonably accurate opinions of value that can be defended in court if need be, based upon their own subjective readings of said properties» positives / negatives as they impact upon individual appraisers» minds.

The trial court ruled that the Board's actions were an unconstitutional taking in violation of the Fifth Amendment, and sent the case back to the trial court for further proceedings, including the fee amount that the County could impose upon the Developer for its impact on the road.