Sentences with phrase «judgment under appeal»

As is apparent in particular from paragraph 3 of the judgment under appeal, they specified, for each lot, the various award criteria, their respective weighting in the evaluation, that is to say in the calculation of the total score, and the minimum and maximum number of points for each criterion.

Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case law.

Accordingly, in the light of the facts of the present case, and having held in paragraphs 170 and 171 of the judgment under appeal, that the successful bid did not originate from a candidate who had participated autonomously in the tendering procedure from the beginning of that procedure, the General Court was correct in holding, in paragraph 174 of that judgment, that the requirement of an open and transparent procedure had not been observed (C - 127 / 16 P, paras 66 - 69, references omitted).

That kind of argument can be successful only if it challenges the General Court's findings of fact in paragraph 170 of the judgment under appeal, to the effect that «[t] he «last interested person» in the transparent and open tendering procedure in this case was candidate 4.

On the first remedy, the CJEU noted that the setting aside of the judgment under appeal (or annulling the contested decision) would not remedy the infringement as the failure to adjudicate within a reasonable time had no effect on the outcome of the dispute (paras 82 - 88).

Before taking new matters into account based on statistics which have not been considered in the judgment under appeal, the adversarial process requires that the court ensure that the parties are given an opportunity to deal with the new information by making further submissions, oral or written, and allowing, if requested, fresh material in response.

According to the applicants, setting aside the judgment under appeal, or in the alternative reducing the fine imposed on them, constituted such effective remedies.

I believe that participation of Coalition of Provincial Organizations of the Handicapped as an intervenor would assist This Honourable Court in its consideration of the judgment under appeal.

Not exact matches

Those who responded to this appeal and placed themselves under the judgment and mercy of God as declared in Jesus Christ, became members of the community, the Church, within which the new life could be lived.

of appeals against permanent exclusions, reinstatement was upheld so that pupils could return to the scene of their offences with impunity, most of them having nothing to do with SEN. Does the Minister think it right that a pupil who has been excluded for violent crime, racist or sexual abuse should be readmitted to schools under any circumstances against the better judgment of the head or the governors?

Each was sentenced to 6 years imprisonment, but the judgment is still under appeal.

Defendants had appealed this Court's decision denying summary judgment as to the Government's claim for disgorgement under 18 U.S.C. 1964 (a).

Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».

At the time of writing, the Ping case is under appeal to the Competition Appeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in thisappeal to the Competition Appeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in thisAppeal Tribunal, so we will have to wait and see whether the judgment in that case provides any additional clarity in this area.

The court of appeals reversed summary judgment for defendant, holding that 1) the district court erred in its analysis of whether a witness's statement was made in reaction to a truly startling event, and whether the statement was made under the stress of excitement caused by that event; and 2) there was a genuine issue of material fact as to whether defendant's failure to remove the stump was a proximate cause of plaintiff's accident.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

The Court of Appeal judgment under challenge is available here.

Another law firm obtained, by summary judgment, an order for payment of its legal fees in the amount of $ 182,569.63 and an order dismissing a former client's counterclaim alleging negligence against it (2017 ONSC 3391, under appeal).

Section 21 (1) states that «an appeal lies to the appellate court from any judgment or order, whether final or interim rendered or made by a court under this act.»

The Court of Appeal's reasons for judgment (from which the application was made), dismissing an application for leave to appeal to it, can be found under Re Ivaco Inc. (2007 ONCAAppeal's reasons for judgment (from which the application was made), dismissing an application for leave to appeal to it, can be found under Re Ivaco Inc. (2007 ONCAappeal to it, can be found under Re Ivaco Inc. (2007 ONCA 746).

This judgment is under appeal.

On July 1, 2014, in a final judgment that can not be appealed, the European Court of Human Rights (ECHR) in the case of S.A.S v. France (application no. 43835 / 11), validated French Law no. 2010 - 1192, which prohibits concealment of one's face in all places open to the public in France and found that the law does not violate the applicant's rights under the European Convention on Human Rights.

This is a writ of error to the County Court of Oneida County, in the State of New York (to which court the record had been remitted), to review the judgment of the Court of Appeal of that State affirming the judgment of the Supreme Court, which itself affirmed the judgment of the County Court, convicting the defendant of a misdemeanor on an indictment under a statute of that State, known, by its short title, as the labor

[1] The Court is seized with an appeal as of right brought under s. 691 (1)(a) of the Criminal Code, R.S.C. 1985, c. C - 46, from a judgment of the Alberta Court of Appeal (2010 ABCA 131, 477 A.R. 208) rendered on April 22,appeal as of right brought under s. 691 (1)(a) of the Criminal Code, R.S.C. 1985, c. C - 46, from a judgment of the Alberta Court of Appeal (2010 ABCA 131, 477 A.R. 208) rendered on April 22,Appeal (2010 ABCA 131, 477 A.R. 208) rendered on April 22, 2010.

The Court of Appeal will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong, or discretion to exclude under s 101 (3) has been exercised unreasonably in the Wednesbury sense.

In Corbett v Corbett [2003] All ER (D) 419 (Feb), which concerned a judgment summons, the husband appealed on the ground that the manner in which the proceedings had been conducted before the judge had breached his right to a fair trial under Art 6, as the form M17 had previously been ruled incompatible with the Convention.

It followed that delivery of the goods took place upon shipment in every sense that could conceivably be relevant under the judgments regulation, Art 5 (1)(b) and that the appeal should be dismissed on that basis alone.

The Court of Appeal recently handed down judgment in Excalibur Ventures v Texas Keystone Inc [2016] EWCA Civ 3436 (Comm), which is an important case on the liability of third - party litigation funders for a non-party costs order under CPR 46.2.

Mc Fadden appealed against the default judgment by claiming that he could not be held liable under Article 12 (1) of the E-Commerce Directive as implemented into national law.

At the 2011 retrial, ordered by the Court of Appeal, Vos J, citing 19th and 20th century judgments, concluded that «in the peculiar, some might say extraordinary circumstances of this case», Martin «knew and approved» of the 2004 will, «wanted Anne to benefit under it», «validly directed her to sign it on his behalf» and that it was «valid, even though it was signed by its beneficiary on behalf of the testator».

In Smigelski v. Potomac Insurance Co., the Maryland Court of Appeals affirmed a Montgomery County trial court's judgment in favor of an insurer, finding that under the terms of a workers» compensation policy that excluded coverage outside of Virginia a Virginia resident is not entitled to workers» compensation for injuries sustained while performing work in Maryland.

The important question of how much latitude judges have in Ontario to avoid trials by granting summary judgment under Rule 20 is scheduled to come before the Supreme Court of Canada in March in two appeals involving an alleged investor scam.

The Supreme Court adopted the Court of Appeal's description of the position under standard contract law (see Lord Clarke's judgment at para 20): ordinarily where the terms are in writing and there are no oral terms then the written terms will, prima facie, represent the whole of the parties» agreement; the parties are bound by the written terms when they sign the contract; the written terms will stand unless they do not accurately reflect what was agreed because of a mistake (generally common to the parties); and no terms which conflict with the express terms can be implied into the contract.

Among other things: successfully obtaining the continuation of a US $ 2 billion freezing order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffappeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben GriffAppeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

After the losing party in the decided case took an appeal, the Court of Appeals for the Third Circuit held that, because of the consolidation, the judgment appealed from was not a «final decision» under 28 U.S.C. § 1291.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service, under the provisions of this Regulation, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled:

Dowd Bennett Partners Jim Bennett and Jennifer Kingston represented Nucor Corporation in the U.S. Court of Appeals for the Eighth Circuit on an appeal of the district court's grant of summary judgment to Nucor on plaintiff's claims under the Family and Medical Leave Act («FMLA»).

In Noel Douglas Conway v The Secretary of State for Justice [2018] EWCA Civ 16, the Court of Appeal gave an unusually detailed judgment granting permission to appeal against the decision of the Divisional Court in Conway, R (on the application of) v Secretary of State for Justice [2017] EWHC 640, refusing permission for the applicant to judicially review the criminalisation of physician - assisted suicide under the Suicide ActAppeal gave an unusually detailed judgment granting permission to appeal against the decision of the Divisional Court in Conway, R (on the application of) v Secretary of State for Justice [2017] EWHC 640, refusing permission for the applicant to judicially review the criminalisation of physician - assisted suicide under the Suicide Actappeal against the decision of the Divisional Court in Conway, R (on the application of) v Secretary of State for Justice [2017] EWHC 640, refusing permission for the applicant to judicially review the criminalisation of physician - assisted suicide under the Suicide Act 1961.

Hugh Mercer QC appeared as counsel for the Ministry of Justice on the issue of whether the Supreme Court had jurisdiction to hear an appeal against a refusal to enforce a Romanian judgment under the Brussels II Revised Regulation.

Chief Registrar Baister handed down a detailed judgment addressing how courts are likely to approach such appeals under the new bankruptcy regime in his judgment: Budniok v.

Bringing claims for an apartment complex developer for hurricane damage under a builder's risk policy, recovering full compensatory damages at trial in the Eastern District of Virginia, with judgment affirmed on appeal.

Upholding the judgment of the Divisional Court, the Court of Appeal held that the extra-territorial application of Part 5 of the 2010 Act — as it applies to employees and workers — should be considered through the case law under section 94 of the Employment Rights Act 1996, i.e. the Lawson v Serco line of authority.

L.R. 873; [2014] 1 Lloyd's Rep. 223; [2013] 2 C.L.C. 713; [2014] Lloyd's Rep. I.R. 327 — appeal against decision of Court of Appeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] Iappeal against decision of Court of Appeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] IAppeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] I.L.Pr.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

In particular, and without prejudice to paragraph 3, no special procedure shall be required for updating the civil - status records of a Member State on the basis of a judgment relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State.

Daniel B. Rodriguez: And is that also true if and when the case goes to appeal, so if it goes up to the Federal Appellate Court, is the Federal Appellate Court too required under habeas doctrine to defer to the judgments of the State Courts?

Affirming the trial court's judgment, the appeals court provides a useful summary of the type of proof needed to sustain constructive fraud and slander of title claims in the construction lien setting and when attorneys» fees can be awarded to prevailing parties under Illinois» mechanics lien statute, 770 ILCS 60/1 (the Act).

Appeal to the Supreme Court, July 2017; CJEU judgment C - 591 / 10, 19 July 2012 [2010] STC 2072 and [2011] STC 271 (Chancery Division) EU law and revenue: rights under EU law to payment of interest on overpaid tax.