Sentences with phrase «judgments issued in the appeal»

Not exact matches

If in earlier situations the standards of critical judgment that properly applied to foundational theological assertions allowed for appeals to authorities of various kinds to settle the issue of their credibility, for us today all such appeals can have at most a provisional validity.

While suggesting plethora of statistics and judicial decisions especially a 2014 English Court of Appeal judgment where it was stated that «cases take up to a generation to be resolved in Nigeria occasioned by catastrophic delays,» Osinbajo said stakeholders must now resolve to address the issue of delay once and for all in the collective interest of all.

In Justice Mohammed's judgment, which was read on his behalf by Justice Ejembi Eko, the apex court resolved all the three issues raised in the appeals against the appellantIn Justice Mohammed's judgment, which was read on his behalf by Justice Ejembi Eko, the apex court resolved all the three issues raised in the appeals against the appellantin the appeals against the appellants.

He directed that the appellants should raise the issues in their interlocutory appea ls in when they file substantive appeals which they wish to file against the Court of Appeal's judgment delivered on Thursday.

However, in considering the main appeal, a panel of five Justices of the Supreme Court in a unanimous judgment today resolved all the issues against the appellant (Daudu) and accordingly dismissed the appeal in its entirety.

In a unanimous judgment delivered by the Justice Ibrahim Saulawa - led panel, the appeal court nullified the Certificate of Return issued to Miller by the Independent National Electoral Commission.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

On appeal, the workers argued that there existed a genuine issue of material fact related to whether Zurich owed them a duty of care, and thus granting summary judgment in Zurich's favor was in error.

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 decision of the Court of Appeal in Department of Economic Policy and Development of the City of Moscow and another v Bankers Trust and another [2004] EWCA Civ 314, [2004] 4 All ER 746 raises issues of potentially far - reaching significance vis - à - vis the public nature of judgments and orders pronounced by the English courts in the context of arbitration applications.

Delivering the lead judgment in RFC2012 Plc (in liquidation)(formerly The Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45, Lord Hodge said: «The central issue in this appeal is whether it is necessary that the employee himself or herself should receive, or at least be entitled to receive, the remuneration for his or her work in order for that reward to amount to taxable emoluments.»

The investors have indicated that they intend to appeal the judgment, but unless and until the Singapore Court of Appeal provides its own analysis of these issues, this case will sit alongside the Sanum judgment as a benchmark case for future investment arbitrations seated in Singappeal the judgment, but unless and until the Singapore Court of Appeal provides its own analysis of these issues, this case will sit alongside the Sanum judgment as a benchmark case for future investment arbitrations seated in SingAppeal provides its own analysis of these issues, this case will sit alongside the Sanum judgment as a benchmark case for future investment arbitrations seated in Singapore.

That was a question that was addressed in the Court of Appeal, before the Supreme Court was established, in Attorney - General v E. I referred to that case and in particular to the dissenting judgment of Thomas J who complained of what he called the «judicial minimalism», namely «resolving the issue before the Court and nothing more».

[1] The issues in this appeal are whether the trial judge's reasons for judgment were sufficient and whether the trial judge properly applied the burden of proof in a criminal case.

His other case experience includes the trial and appeal of dissolution and shareholder derivative actions which established the scope of the business judgment rule in the state of Connecticut and a murder case that was a case study on the issue of time of death in Dr. Henry Lee's book Cracking Cases: The Science of Solving Crime.

The Court of Appeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submisAppeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submisappeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submissions.

In some situations, family law judgments regarding issues like support and child custody can be modified without an appeal while other cases require an appeal to correct an unfair judgment.

The decisive issue on appeal was whether plaintiff's claims are barred by a release provision contained in a stipulated judgment that dissolved the parties» marriage before this action was commenced.

At issue in this particular appeal was whether the summary judgment motion judge erred by retroactively reducing the Husband's spousal support obligation and terminating it entirely, effective November 1, 2016.

A. Introduction and factual Background [2] The appellant appeals the judgment that the trial judge rendered on the common issues certified in this class proceeding.

The central issue in the Yugraneft SCC appeal heard on December 9, 2009, is establishing how an international arbitral award should be characterized — as being equivalent to a foreign judgment or as something else?

Lady Hale, giving the sole judgment of the Supreme Court, considered that the true issue was not the jurisdiction of the Court of Protection (as it had been put by both Eleanor King J and Sir James Munby P in the Court of Appeal), but rather the approach it should take in light of its limited powers.

And, indeed, though the issue did not arise in Hall, failure to take a timely appeal from the judgment would preclude taking an appeal from that judgment later, when the «rest of the case» comes to an end.

Richard Good was successful in overturning significant portions of a trial decision in a judgment issued by the Court of Appeal in June 2016.

Obtained from Fifth Circuit Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's fees.

On the subsequent appeal, the Court of Appeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief iappeal, the Court of Appeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief iAppeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief issues.

Another example may be found in the recent case of Brent Bish on behalf of Ian Stewart v Elk Valley Coal Corporation, Cardinal River Operations, SCC Case No 36636, leave to appeal granted from the judgment in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (CanLII), where Jennifer Koshan points to the missing voices of five human rights commissions (who had applied to intervene jointly), which, had they been allowed to intervene, could have contributed meaningfully by assisting the court in a case where the test for discrimination was a live issue.

By way of a five - four split decision, the Supreme Court of Canada judgment issued November 4, 2016 in City of Edmonton v. Edmonton East (Capilano) Shopping Centres Ltd., made those appeals that much tougher.

The judgment was handed down in an appeal filed before it on the ground that a Decree issued by one of the Emirates which restricted the right of the appellant to file a civil claim before the court of competent jurisdiction was unconstitutional because, it was said, that it denied the appellant's constitutional right to have unfettered access to the civil courts of the country.

In this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and evenIn this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and evenin two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and evenin expectation of a foreign judgment or arbitration award; Conferences and events

METHODOLOGY: the study was based on a review of all judgments on the merits issued between January 1, 2016 and July 31, 2017, both at first instance and on appeal, in which at least one issue of patent validity or patent infringement was decided upon.

The vexing problem relating to the issue of the calculation of compensation payable to commercial agents on termination of their agency agreement has arisen once more in the revolutionary judgment of the Court of Appeal in the case of Lonsdale v Howard & Hallam Limited [2006] EWCA Civ 63 made on 6 February 2006.

The monograph examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals.

A sharply divided panel of the Seventh Circuit, led by Judge Posner, addressed the issue of such research in deciding an appeal by a pro se prisoner alleging his civil rights had been violated by inadequate medical treatment.21 Judge Posner's majority opinion reversing the judgment below cited facts from various extrarecord medical websites, including Wikipedia.

I do not think it necessary for the disposition of this appeal to make the analysis of the true nature of trust conditions or otherwise to deal with the issues as set out in the judgment of my brother Côté, J.A. I am particularly reluctant to do so in the absence of argument by counsel with respect to some of the specific points developed in his judgment.

Next, in terms of the institution of the court, currently including 21 judges and 8 supernumerary judges, Justice Morrissette noted the immense advantage of being able to solicit electronic comments on draft judgments as opposed to have a «paper river» betwen Montréal and Québec City where the Court sits (note: all appeal judges are solicited for comments before the final judgment is issued; not only the chosen panel of 3 or 5 judges).

Although written before the Court of Appeal's judgment in Mitchell MP v News Group Newspapers Ltd the book confidently sets out the new approach the courts will adopt to issues such as applications for relief from sanctions.

The test, as the majority judgment and the dissent agree is that there must be enough evidence in the file to allow the appellate court to rule on the new issue, and the failure to raise it at first instance can not be the result of a strategic choice by the party that seeks to raise it on appeal.

Last week, in R. v. Cloud, 2014 QCCA 1680, a split judgment from which Chief Justice Nicole Duval Hesler dissented, the Court denied leave, saying that the case did not meet the narrow criteria for raising a new (constitutional) issue for the first time on appeal.

On March 19, 2013, the Ontario Superior Court of Justice (Divisional Court) released its judgment in Cornish v. Ontario Securities Commission, on appeal from a decision of the Ontario Securities Commission (the «Commission») issued September 28, 2011.

The appellate court issued a separate, per curiam order on her appeal of the summary judgment order, in order to address issues regarding the plaintiff's expert witnesses.

Since the Court of Appeal determined s. 9 of the Crown Liability and Proceedings Act operates to bar the Appellant's claim, there was no genuine issue requiring a trial and the Motion Judge's decision to grant summary judgment in favour of the Respondents was upheld.

The possibility of death before the issuing of the final appeal judgment is a particular problem in leadership trials.

Lady Hale's presidential judgment first addressed the substantive issues in Susana's appeal and then disposed of the jurisdictional issue.

In countries where case selection criteria combine both general importance of a case and likely unlawfulness of an appealed judgment we can face a different issue of reasoning the decision refusing to admit an appeal.

This issue was addressed in recent years in Three Rivers District Council v Bank of England (No 6)[2004] UKHL 48, in which the House of Lords overturned the Court of Appeal's judgment seeking to restrict the ambit of legal advice privilege within much narrower limits.

The issue before the Court of Appeal in Phillips was whether the English court or the Swiss court, in which proceedings had also been issued by the opposing party, had first become «seised of the matter» under Art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988.

● The Court of Appeal gave judgment in favour of the defendant to a personal injury claim in two cases where the key issue was the standard of care owed by one individual to another; and

In Wallbridge v. Brunning, the Court of Appeal held that whether a law firm can be vicariously liable for defamatory statements made by a lawyer who practices «in association» with it (as opposed to being an associate employed by the law firm or a partner of the law firm), is an issue of general importance that should be determined at a trial and not on a motion for summary judgmenIn Wallbridge v. Brunning, the Court of Appeal held that whether a law firm can be vicariously liable for defamatory statements made by a lawyer who practices «in association» with it (as opposed to being an associate employed by the law firm or a partner of the law firm), is an issue of general importance that should be determined at a trial and not on a motion for summary judgmenin association» with it (as opposed to being an associate employed by the law firm or a partner of the law firm), is an issue of general importance that should be determined at a trial and not on a motion for summary judgment.