Sentences with phrase «judgments on the substance»

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

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.

Not exact matches

For Whitehead, the critical problem with the Aristotelian propositional expression is that it identifies a proposition with its judgment, which, because of Aristotle's substance / accident metaphysics, necessarily includes taking a stand on the proposition's truth value.

The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order for publicity of the judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»

The ASPCA believes that responsible care includes appropriate amounts of nutritious, species - appropriate food and clean water to support good health; basic veterinary care including vaccinations and parasite control; necessary grooming and training; exercise; social interaction; diligence in identifying and eliminating hazardous substances and situations [See Use of Taste - aversive Additives to Antifreeze, and on Dog Chews / Treats]; using good judgment when exposing pets to potentially stressful situations; prompt treatment for illness or injury; and, in the case of dogs, cats, ferrets and rabbits, sterilization before puberty.

If you are tired, sick, on medications or other substances which might impair your reaction or judgment, or simply having a bad day, please reschedule your volunteer visit for another day.

In a slip and fall case at a business establishment (where the victim fell on a transitory substance), when a defendant seeks a summary judgment, they are basically saying that the requirements of Florida Statute 768.0755 were not met.

Having «won on trial on almost every point of substance in lengthy and fully contested action» KKG obtained judgment for $ 300m backed up with a freezing order.

Following a number of procedural skirmishes, we applied for summary judgment on behalf of Mr Huertas as it was clear that Dr Smith was effectively seeking to review the substance of the French Judgment which is not permitted under Article 36 of the 2001 Brussels Regulation.

Mummery LJ pointed out that at the material meeting the substance of the relevant evidence of all the councillors was that they were left to make their own decisions and to exercise their own judgment about voting on the business in question.

Opposed a motion for summary judgment brought by CIBC against a mortgator where CIBC alleged default under the terms of the mortgage flowing from the registration of a restraint order on title pursuant to the provisions of the Controlled Drugs and Substances Act.

[25] Turning then to the substance of the second ground of appeal, the appellants submit that granting partial summary judgment on the misrepresentation issue provides minimal, if any, efficiency as the action is proceeding to trial on the negligence, breach of contract, and Arthur Wishart Act claims.

I'm going to put aside (what is to me the obvious) conflict between anti-SLAPP legislation and the «not plain and obvious that the action must fail» threshold which, in substance, is all that is needed on the merits issue for the action to be safe from summary judgment.

The trial court entered summary judgment in favor of Managing Broker, holding that she had no knowledge of the substance or details of the transaction, and that «neither Tennessee statutes nor Tennessee case law suggests that managing brokers» duty to supervise their affiliates can create liability on the part of the managing broker where the managing broker has no direct involvement with or knowledge of the transaction.»