Sentences with phrase «in exercise of discretion»

If there is an issue of cultural secrecy, that can be indicated and would be a matter to be taken into account in the exercise of discretion.

She also contributes to Westlaw Insight and has written a number of relevant articles including: «Health and Safety Executive v Wolverhampton City Council [2012] UKSC 24 — the final word on the relevance of financial considerations in the exercise of discretion under s. 97 of the Town and Country Planning Act 1990,» RTPI Cynllunio Magazine, Winter 2012.

With respect to the exercise of discretion it was held that if the parents were able to show a change in circumstances, the court's paramount consideration in the exercise of this discretion must be the welfare of the child throughout his life, having particular regard to the matters set out in the checklist which appears in ACA 2002, s 1 (4).

In N v F, Mostyn J reminds himself that these types of case are «highly fact specific and very discretionary»; but then he goes on to spend 10 pages of a 17 - page judgment explaining the cases and other external factors — ie not «fact specific» to the case at all — that he plans to take into account in exercise of his discretion (16 earlier cases — including Ribiero PJ in LKW v DD (FACV 16/2008)-- are cited).

Having determined that the phrase «The court may... find the offender to be a dangerous offender» denotes a discretion, the next issue that falls to be considered is the legal principles and factors that a sentencing judge must consider in the exercise of that discretion.

In the exercise of his discretion he granted the application to summon L.

«The motion judge was clearly aware of these duties and of Merchant's history and I am not prepared to say that he erred in the exercise of his discretion in awarding carriage to Rochon in spite of Merchant's participation in that consortium,» Strathy also said.

It was open to the trial judge to deny an adjournment, in the exercise of her discretion.

(iv) Is there, arguably, any error in the exercise of that discretion which enables the Court of Appeal to say that his order was, arguably, plainly wrong?

In its consideration of the § 3553 (a) factors, the district court correctly found in the exercise of its discretion that other facts warranted a sentence lower than that recommended by the Guidelines range.

• the Council was entitled to deference in the exercise of its discretion as to whether Mr. Black should be given an opportunity to make representations orally or in writing.

The weight that the court, in the exercise of its discretion under Rule 12 (6), gives to the loss of insurance coverage as a potential disadvantage that the other spouse may suffer as a result of the early severing of the claim for divorce depends on the evidence in the particular case.

Second, that the chambers judge improperly refused to take the views of the children into account, amounting to a contravention of the Convention and an error in the exercise of his discretion.

This specifically provides that one of the matters to be taken into account in the exercise of discretion is «the reasons for the delay on the part of the plaintiff».

(2) the person otherwise lawfully practicing as an in - house counsel under the laws of a foreign jurisdiction must be authorized to practice under this rule by, in the exercise of its discretion, [the highest court of this jurisdiction].

The issues arose as to whether: (i) the court had jurisdiction to make the order; and (ii) if so, whether it should decline to make the order in the exercise of its discretion.

Sound recordings are also prohibited unless, in the exercise of its discretion, the court permits such equipment to be used.

In this case, in the exercise of his discretion, the learned chambers judge, who was also the case management judge, decided that the interests of justice favoured disclosure and ordered that the clinics and doctors provide the representative plaintiff with the names and contact information of those individuals who were injected with Dermalive, a cosmetic filler, which is alleged to have caused granuloma, a medical condition.

Consequently, the appeal raised essentially two questions: (i) whether this is the type of case in which the court acting in accordance with established principles or any logical extension of these can grant injunctions of the type sought; and (ii) if so whether it should do so in the exercise of its discretion.

«I will supply but can I see my solicitor first» is not a refusal but seeking a favour: police should decide, in exercise of discretion, whether to grant favour or not.

The Divisional Court ultimately agreed that the motions judge had properly applied the relevant caselaw, and did not fall into any reversible error in the exercise of his discretion.

Wrong in law is one thing and will mean an appeal should generally be allowed; whereas wrong in the exercise of discretion is a much narrower gate for the appellant to pass through.

Furthermore, causation may be a ground for limiting the amount of the costs awarded in the exercise of discretion.

If the extradition judge finds that this ludicrously low bar has been met, the case then moves to the Minister of Justice, who in the exercise of their discretion, can order extradition.

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

That the Parliament amend each of the following Acts by inserting a non-obstante clause in order to ensure that the NT provisions are subject to the protections of the RDA in the exercise of all discretions under the legislation:

Not exact matches

Generally, junior employees can get away with providing a couple of weeks, but longer periods may be required for employees who exercise considerable discretion or power in their jobs.

That sounds right, but even prior to the actual abuse, there's a conflict of interest implicit in the idea that the Mayor would exercise discretion in this way over which papers to communicate with.

When shares of Capital Stock are to be issued upon the exercise, grant or vesting of an Incentive Award, Google shall have the authority to withhold a number of such shares having a Fair Market Value at the date of the applicable taxable event determined by the Committee to be sufficient to satisfy the minimum federal, state and local withholding tax requirements, if any, attributable to such exercise, grant or vesting but not greater than the minimum withholding obligations, as determined by Google in its sole discretion.

Subject to Section 6 and the other terms and conditions of the Plan, each Stock Appreciation Right grant will be evidenced by an Award Agreement (which may be in electronic form) that will specify the exercise price, the term of the Stock Appreciation Right, the conditions of exercise, and such other terms and conditions as the Administrator, in its sole discretion, will determine.

Each Stock Appreciation Right grant will be evidenced by an Award Agreement that will specify the exercise price, the term of the Stock Appreciation Right, the conditions of exercise, and such other terms and conditions as the Administrator, in its sole discretion, will determine.

At the discretion of the Administrator, the payment upon Stock Appreciation Right exercise may be in cash, in Shares of equivalent value, or in some combination thereof.

In the event of a change of control (as defined in the plan), the compensation committee may, in its discretion, provide for any or all of the following actions: (i) awards may be continued, assumed, or substituted with new rights, (ii) awards may be purchased for cash equal to the excess (if any) of the highest price per share of common stock paid in the change in control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be accelerateIn the event of a change of control (as defined in the plan), the compensation committee may, in its discretion, provide for any or all of the following actions: (i) awards may be continued, assumed, or substituted with new rights, (ii) awards may be purchased for cash equal to the excess (if any) of the highest price per share of common stock paid in the change in control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be acceleratein the plan), the compensation committee may, in its discretion, provide for any or all of the following actions: (i) awards may be continued, assumed, or substituted with new rights, (ii) awards may be purchased for cash equal to the excess (if any) of the highest price per share of common stock paid in the change in control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be acceleratein its discretion, provide for any or all of the following actions: (i) awards may be continued, assumed, or substituted with new rights, (ii) awards may be purchased for cash equal to the excess (if any) of the highest price per share of common stock paid in the change in control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be acceleratein the change in control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be acceleratein control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be acceleratein control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be acceleratein which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be accelerated.

You hereby agree that Help Scout may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Saxo Bank may exercise full discretion in modifying or discontinuing any part or whole of the Services specified under points (i) to (v) subject to this Agreement at any time without cause or prior notice.

You hereby grant to Non-GMO Project an irrevocable, perpetual, transferable, non-exclusive license to be exercised by Non-GMO Project at its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or hereafter devised, including the right (a) to grant sublicenses to any Content that You Post; (b) to edit, reproduce, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any Content You Post; and (c) to reproduce, copy, publicly display, publish, broadcast, retransmit, and distribute your name in association with your Posted Content.

«Given the unusual combination of facts — as well as the fact that nothing in the existing Rules or Decisions specifically addressed such circumstances of simultaneous competitor error and Committee error — the Committee reasonably exercised its discretion under Rule 33 - 7 to waive the penalty of disqualification under Rule 6 - 6d, while still penalizing Woods two strokes under Rules 26 - 1a and 20 - 7c for playing from a wrong place.»

The decision by a three - judge panel stated that, «the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.»

In light of the above considerations, FDA intends to consider the exercise of its enforcement discretion for the following qualified health claims (my emphasis):

«The Independent Counsel has reserved for the District Attorney certain investigative decisions, in particular whether and how to seek the Governor's sworn testimony, so that the District Attorney has the opportunity to make these decisions in the context of the exercise of his prosecutorial discretion.»

Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.

However, even if you believed you'd found a brilliant and unassailable argument as to why failure to prosecute in this case constituted one of the rare exceptions to the general presumption that a prosecutor is acting permissibly when exercising prosecutorial discretion, you would still run into the problem of standing.

U.S. District Judge Nicholas Garaufis rejected the Justice Department's claim that courts should not intervene in Trump's exercise of «prosecutorial discretion» to eliminate the protections former president Barack Obama created in the Deferred Action for Childhood Arrivals program.

We find it very bizarre that the Hon. Attorney - General, Ms Gloria Akufo, who assured the entire citizenry of her commitment to fairness and strict adherence to ethical principles at her vetting not too long ago, will claim that she exercised the said constitutional discretion on grounds merely that there was a lack of evidence to prosecute the case in question when indeed, the Siting Judge, Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from same.

In these circumstances, we are clear in our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candiIn these circumstances, we are clear in our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candiin our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candiin this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candid.

A multitude of factors may be considered by the District Attorney in his exercise of prosecutorial discretion regarding whether or not to pursue charges in this matter.»

While moving the application brought under Section 35 (1) & (4) and 36 (5) and (6) of the 1999 constitution and Section 158, 162, 163 & 165 of the Administration of Criminal Justice Act, 2015, Eze urged the court to exercise its discretion in favour of his client by releasing him on bail pending trial.

It observed that following public outcry that the Presidency should hand the former officials to the EFCC for prosecution after their sacking, «spokesmen of the administration have been speaking in forked tongues about Presidency not teleguiding the anti-graft war and that the agency would exercise its discretion.»

We stand by those statements and are confident both matters were resolved in an appropriate, lawful exercise of the District Attorney's prosecutorial discretion...»

The DPP urged the court to exercise its discretion in favour of the state because Aluko had given evidence under cross examination that the election which brought Fayose into power was free, fair and credible devoid of military harassment.