Sentences with phrase «judge at first instance found»

The judge at first instance found that Matthew had gone down a surfaced pathway bounded by wooden rails which led between two caravans onto a roadway.

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.

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

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.

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.

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.

At first instance, the trial judge found that Interactive was unable to establish an arguable cause of action that was not precluded by the exclusion clause.

However, at first instance the judge had found that there was no evidence to show that the defendants had behaved in a way that would justify making the order.

The judge hearing the appeal found that the district judge at first instance had been right, on the evidence before him, to decide that there «had been no answer» and, indeed, the judge came to the same conclusion.

The Court of Appeal agreed with the first instance judge that the claim was time - barred but held that his cause of action accrued when he acted on the alleged negligent advice in 1997; an earlier date than that found at first instance (it also agreed that the claimant could not successfully overcome the limitation defence by relying on the provisions of s 14A of the Limitation Act 1980).

The judge at first instance refused the request and found there was nothing relevant that could be added to existing reports.