Sentences with phrase «judge at first instance»

The district judge at first instance rejected this argument, as did the circuit judge on the first appeal.

The appeal judge at first instance dismissed the appeal on the basis that the trial judge had been correct in his approach.

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.

The district judge at first instance declined to grant relief from the sanctions in r 3.14 holding that the second breach rendered the first breach which would otherwise have been trivial, a non-trivial one.

Sir Henry Brooke, a key member of the Court of Appeal in handling CPR issues, said at the December conference that that was the right approach: «If this new practice, and the existence of the overriding objective, gives the procedural judge at first instance greater immunity from appeal or review, then I believe that it has been very well documented that this has been no bad thing.

The district judge at first instance awarded the wife a lump sum of # 456,000 to capitalise her periodical payments arrived at using the following calculation:

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.

The case of Re B (Relocation Appeal)[2015] EWCA Civ1302, [2015] All ER (D) 227 (Dec) is worth considering as the judge at first instance placed a  # 250,000 charge on a UK property belonging to the mother's new husband, while permitting the mother to relocate to UAE (a non-Hague State).

The judge at first instance granted her leave to remove and the father appealed.

In an appeal from a case management decision, the court should ordinarily only interfere if the judge at first instance has not merely preferred an imperfect solution which is different from an alternative imperfect solution which the court might or would have adopted, but has exceeded the generous ambit within which reasonable disagreement is possible.

However in this case the judge at first instance was entitled to find that the Appellant's failure to act was a «serious derelict of his duty» because of the critical role the survey played in the Respondent's culture.

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.

The Court of Appeal held that the judge at first instance had been right to dismiss the claim under AA 1971.

Beyond the important constitutional principles involved, this case is also noteworthy because the judge at first instance in the Ontario Court of Justice made the ruling without resort to the Charter.

What distinguishes this case is that despite the absence of a refusal to mediate, the Judge at first instance found that the Defendant's actions in dragging his feet prevented mediation from taking place.

In so doing it rejected the approach taken by the district judge at first instance and by the judge on the first appeal who, in determining the degree of seriousness at stage 1, took into account other examples of non-compliance by the party in default.

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 and the tenant appealed.

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.

On the other hand, there is much to commend the view of the judge at first instance, as the application of concepts such as estoppel in the context of complex labour relations disputes will invariably involve important considerations of fact and policy.

Prior to the final hearing, the Judge at first instance had directed that CAFCASS should prepare a report regarding the children's wishes and their degree of maturity.

The Judge at first instance was required to assess the risk based on the mother's allegations and consider whether the protective measures suggested by the father were adequate.

The judge at first instance found that there had been such an event in that there had been a turnaround in Triesse's performance.

That led to the judge at first instance considering an assessment of FW, that concluded she had an undeveloped sense of herself and needed psychotherapy to help her develop as an individual with an autonomous sense of self.

It is disconcerting that the Court of Appeal in the case of Wood - v - TUI Travel 2017 (not a Hill Dickinson case) dismissed an appeal where the judge at first instance held that section 4 (2) of the Supply of Goods and Services Act 1982 (the Act) could be used against TUI in respect of a claim of contaminated hotel food in order to hold TUI strictly liable.

The Court of Appeal held that the judge at first instance had erred in concentrating on the parties financial contributions to the property but emphasised the importance of a shared intention.

The judge at first instance rejected Thames's argument on the basis that if Aerospace had engaged temporary staff, Thames could not have objected to the sums claimed.

Goldring J had found in Holden that the use of inferences by a Judge at first instance were «no substitute for evidence for what is local custom and what may be the local regulation».

However, the claimant argued that a priest is akin to an employee in the sense of being controlled by the church and therefore vicarious liability should arise; this argument was accepted by the judge at first instance in JGE and was upheld by the Court of Appeal.

He was of the view that the judge at first instance had correctly applied the law as laid down in Stack v Dowden [2007] 2 All ER 929 and insightfully commented that «in reality human emotional relationships simply do not operate as if they were commercial contracts and it is idle to wish that they did».

The judge at first instance had thus been right to quash the local authority's decision.

Nevertheless, the judge at first instance determined that the normal costs consequences under Part 36 should not apply and ordered that each should party should bear its own costs from the last date for acceptance of MGN's offer.

One of the judges at first instance had been elevated to the Court of Appeal by the time the HM tax authorities» appeal arrived there.

The Court of Appeal reversed the decision of the judge at first instance so as to dismiss the claim of a young man, who had injured himself in reckless late night horseplay on the council's land.

In accordance with the above, the court of Appeal held that the key issue was not whether the claimant's conduct might reasonably have been foreseen by the council (as had been considered by the judge at first instance), but whether such conduct had been impliedly licensed by the council.

The judge at first instance held that the claimant had entered the land in youthful high spirits and not with dishonest intent.

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

The judge at first instance said that «natural inferences» could be drawn from the rule «follow the money».

He emphasised the distinction between the application of the law and the impact of guidance from government departments, implying that the judge at first instance had not been sufficiently careful to do so.

The Court of Appeal disagreed with the judge at first instance that this matter could only be resolved at trial.

The judge at first instance, refusing the request, said that (i) further testing was unnecessary and (ii) in making the request the expert had exceeded his brief.

This allegation was rejected by the judge at first instance and the claimant did not cross-appeal.