Sentences with phrase «judicial consideration as»

Perhaps no injury has been the subject of so much judicial consideration as the whiplash.

Not exact matches

It will give you an overview of the different options available besides judicial review, such as requesting a review consideration or negotiating with the other party.

Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a complainant could be challenged by a sender who is alleged to have abused the complainant and thus exposes vulnerable complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.

This procedure must therefore be open for all questions capable of submission for judicial consideration, either by the court of justice or possible by national courts, in so far as such questions give rise to doubt either as to the substantive or formal validity of the agreement with regard to the treaty.

Holmcroft's application for judicial review arose out of concerns held by Holmcroft that KPMG (as independent reviewer) and Barclays Bank PLC (the bank which sold the IRHPs to Holmcroft) had not given proper consideration to Holmcroft's claim for consequential losses.

Furthermore, one can not but rejoice at the thought that, universal jurisdiction being nowadays acknowledged in the case of international crimes, a person suspected of such offences may finally be brought before an international judicial body for a dispassionate consideration of his indictment by impartial, independent and disinterested judges coming, as it happens here, from all continents of the world.

How legal issues of copyright may exist in cultural ideas such as memes and GIFs and their transmission will require more judicial consideration.

The appeal raises one main question: whether the three factors which courts are to consider in deciding the standing issue are to be treated as a rigid checklist or as considerations to be taken into account and weighed in exercising judicial discretion in a way that serves the underlying purposes of the law of standing.

After canvassing judicial consideration and acceptance of CIP, as well as support for the doctrine in a leading text on the law of evidence, the Court of Appeal held that there was a sufficient common interest in the completion of the transaction in issue to find that privilege had not been waived.

Cranston J held that Al Rawi v Security Service [2011] UKSC 24, [2012] 1 AC 531 had no application to the judicial review of search warrants as the common law right to information does not arise fro consideration [39].

The discussion paper recommends rules of conduct aimed specifically at the use of social media, as such rules «may increase awareness regarding the ethical considerations prevailing and may help deter behavior that is inappropriate for judicial officers».

However, it is in the consideration of the community sense of how legal constructions are perceived, which seems to be now recognized as a legitimate reference point in judicial interpretation.

The panel discussed the judicial, legislative and regulatory developments as well as important considerations bearing on Applications for Cyber policies, including identification and prioritization of risks and exposures, the impact of conditions and exclusions, and the role of counsel as part of the data breach and Cybersecurity response team.

By hitching the meaning of the Equal Protection Clause to these transitory considerations, we would be holding, as a constitutional principle, that judicial scrutiny of classifications touching on racial and ethnic background may vary with the ebb and flow of political forces.

Alternative account: The Supreme Court affirmed that the Scottish Parliament is subject to judicial review, subject to such considerations, including considerations of deference on institutional and democratic grounds, as are fitting in respect of an elected legislative body.

The decision of the EAT under Underhill J in YMCA Training v Stewart [2006] UKEAT 332/06, [2006] All ER (D) 69 (Dec) can be seen as continuing the non-technical, «low hurdle» and (frankly) hostile judicial approach to the statutory procedures in the Employment Act 2002, and also as giving first consideration to the relationship between the statutory disciplinary procedure and an employer's own (more comprehensive) procedures.

The claimant, who was the deceased's sister, applied for judicial review of the decision not to leave unlawful killing as a possible verdict for the jury's consideration.

He may be able to seek, at least in theory, a judicial review of the secretary of state's decision, but there are practical considerations as to why this is not a satisfactory form of seeking relief.

Many presenters referenced the UN Convention on the Rights of the Child as the reason to hear the voices of children and youth; others referenced children's views as a cornerstone consideration in establishing the course of action in their best interest, while others framed the expression of children's views as an ethical obligation of adults involved in judicial processes, as an aspect of promoting children's wellbeing or as a matter of children's fundamental rights.

Here are a few considerations: First, the heterarchical relationships between the institutions of different legal orders in a pluralist arrangement such as the EU generate a high demand for inter-order judicial communication.

The lawyers regularly post articles and alerts on emerging business, legal, judicial and regulatory developments in areas such as intellectual property, human resources, construction and real estate, environmental compliance, and the many, many considerations that arise when buying and selling businesses.

Acting without a license; cease and desist order; judicial review; effect of Code section on other remedies (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform, or performs, any single act defined in paragraph (2) of Code Section 43 -40-1, whether as a part of a transaction or as an entire transaction, shall be deemed a licensee within the meaning of this chapter.