Sentences with phrase «justified under exceptional circumstances»

Not exact matches

On the basis that the result of the legislative provisions would probably be that the valuer would find that the shares in Northern Rock was either nil or a «derisory» sum, the claimants submitted that that was a case of expropriation without compensation, which could be justified under Art 1 of the First Protocol only in exceptional circumstances.

Where a balancing of the factors under the Morin analysis, such as seriousness of the offence and prejudice, would have weighed in favour of a stay, we expect that the Crown will rarely, if ever, be successful in justifying the delay as a transitional exceptional circumstance under the Jordan framework.

At para 70, the Court cited its decision in R. v. Williamson as an example of delays exceeding the ceiling which can not be justified under any transitional exceptional circumstances, despite the serious nature of the offence.