Sentences with phrase «judgment under challenge»

The Court of Appeal judgment under challenge is available here.

Not exact matches

Our challenge as Christians who are also citizens of an empire is to find hope and guidance in biblical calls to repentance and conversion that inevitably confront people whose historical ties are linked to dominant powers that come under the judgment of God.

And anybody who challenges the actions and behavior of God is clearly under the judgment of God, and must therefore die!»

Others muddle through challenges including inaccurate advice and under - educated professionals, friends, and relative who pass negative judgments on their milk, breasts or baby.

Our goals will be to deepen our own understandings of educational justice, to engage with others about complex ethical judgments across multiple lines of difference, and to learn how to enhance educators» and policymakers» capacities to make ethical decisions under challenging conditions.»

As documented under Section 1115 of Title I, Part A of the Every Students Succeeds Act (ESSA), a local education agency receiving Title I funds «may use funds received under this part only for programs that provide services to eligible children under subsection (b) identified as having the greatest need for special assistance... Eligible children are children identified by the school as failing, or most at risk of failing, to meet the State's challenging student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures».

But in this case, given the risk - management challenges we face and the policy alternatives under consideration, it is our judgment that a carbon tax is a preferred course of public policy action versus cap and trade approaches.»

As the Bill stands there will be many more areas for exercise of discretion by C - MEC and the decision - making process is likely to be under frequent challenge: circumstances for value judgment by civil servants are rife.

All the things we study over the course of the semester in M&A on, for example, when it makes sense to structure the transaction as a reserve subsidiary merger rather than as a cash tender offer; when to file a Schedule TO or Form S - 4; or whether, if challenged, the board's actions will be reviewed under the entire fairness standard or the more deferential business judgment rule is irrelevant if there is no transaction.

In particular, this judgment from the jurisdiction's apex court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act 1996.

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.

Mark represents clients before the courts in proceedings of all kinds, including commercial litigation, judicial review, declaratory judgment and injunction proceedings, as well as constitutional challenges under the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.

The judgment is likely to have profound implications not just for challenges brought under the Public Contracts Regulations 2006 («the 2006 Regulations») but also for applications for judicial review, both -LSB-...]

Under the AJA and FJA, enforcement proceedings can not commence until the registration order has been served on the judgment debtor and the specified time limit for the judgment debtor to challenge the registration has expired.

However, the court would review the following four issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default judgment is rendered against the losing defendant, but the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and Taiwan.

The protection of companies from the domestic enforcement of national judgments which are subject to challenge under the ECHR before the Eur Ct HR (Naftogaz v UK No 62976 / 12 and associated proceedings in the English Commercial Court)

Bankhaus Wolbern & Co (AG & Co KG)(2) Vision 93 Konserveirungs Und Vermogensverwaltun GS GMBH & Co KG v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

the person against whom the judgment was given submitted to the jurisdiction of that court by voluntarily appearing in the proceedings (which will not include submitting arguments on the merits where under local law, a challenge to jurisdiction can only be brought in conjunction with such arguments on the merits); or

Although the legislative frameworks under which ET fees and civil court fees are charged differ, due to the similarities in real - world impact, and the extent to which the Unison judgment rests on general principles rather than provisions specific to the ET, questions must be asked as to whether this judgment should trigger challenges to civil court fees.

It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguards.

Under the new procedures, judgment debtors will have a new avenue to delay and challenge foreign judgments.

While the case is perhaps most notable for a sustained blast by Sedley LJ against the injustice he sees as having been done to her by the previous health secretary who stepped in to stop the trust making the severance payment it had agreed, the principal judgment on the substance of the case was by Laws LJ who accepted that payments by public authorities to their employees can be challenged under administrative law principles, but obviously found it in general invidious if an authority is using such principles to try to avoid a contractual agreement made by itself.

In so far as reliance placed by the learned senior counsel for the respondent in case of Kanoria and others vs. Guinness reported in (2006) 1 Llyod's Law Reports 701 in support of the submission that though petition under section 34 challenging a foreign award in India had failed, English Court of Appeal had refused to enforce foreign award on the ground that aggrieved party who was not given due notice of plea of fraud and was unable to represent its case is concerned, a perusal of the judgment indicates that the Court of Appeal had rendered a finding that the aggrieved party who was unable to represent its case and had refused to enforce the foreign award.

Relying upon these judgments, it is urged that this Court has no jurisdiction to entertain the petition under Sec. 34 challenging the validity of foreign arbitral award.

ZH 1006 (2012): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.