At one stage, consideration was given to conceding the appeal, but as a matter of law this was not possible because
the key finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn.
This is because it was not possible because
the key finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn.
The key findings of fact made at trial were that «the Plaintiff was not speeding and was properly riding his bicycle in the correct lane, the curb lane, in accordance with the traffic signals.
For the purpose of researching non-pecuniary damages,
the key findings of fact were made starting at paragraph 132 of the judgement which I reproduce below.
Sir Anthony Clarke MR relied on certain
key findings of fact regarding this second proposition, namely that there were 6,000 police officers on the day deployed on the streets.
The motion judge made several
key findings of fact: (i) there was no evidence the appellant's fall was caused by any defect in or lack of repair affecting the premises or any hazardous conditions associated with the premises themselves; (ii) there was no dispute the appellant was performing the renovation work for valuable consideration; (iii) there was no basis for a contractual claim that the respondents had failed to furnish the appellant with safety equipment; (iv) there was no evidence the appellant was inexperienced in performing roofing work or working at heights; and (v) the evidence did not support a finding that the respondents were aware the appellant lacked the necessary experience to carry out the project.
Not exact matches
Finding the right balance depends on a variety
of factors — the nature
of the attack and how the
facts develop, among other details — but striking that middle ground is
key.
[01:10] Introduction [02:45] James welcomes Tony to the podcast [03:35] Tony's leap year birthday [04:15] Unshakeable delivers the specific
facts you need to know [04:45] What James learned from Unshakeable [05:25] Most people panic when the stock market drops [05:45] Getting rid
of your fear
of investing [06:15] Last January was the worst opening, but it was a correction [06:45] You are losing money when you sell on corrections [06:55] Bear markets come every 5 years on average [07:10] The greatest opportunity for a millennial [07:40] Waiting for corrections to invest [08:05] Warren Buffet's advice for investors [08:55] If you miss the top 10 trading days a year... [09:25] Three different investor scenarios over a 20 year period [10:40] The best trading days come after the worst [11:45] Investing in the current world [12:05] What Clinton and Bush think
of the current situation [12:45] The office is far bigger than the occupant [13:35] Information helps reduce fear [14:25] James's story
of the billionaire upset over another's wealth [14:45] What money really is [15:05] The story
of Adolphe Merkle [16:05] The story
of Chuck Feeney [16:55] The importance
of the right mindset [17:15] What fuels Tony [19:15]
Find something you care about more than yourself [20:25] Make your mission to surround yourself with the right people [21:25] Suffering made Tony hungry for more [23:25] By feeding his mind, Tony found strength [24:15] Great ideas don't interrupt you, you have to pursue them [25:05] Never - ending hunger is what matters [25:25] Richard Branson is the epitome of hunger and drive [25:40] Hunger is the common denominator [26:30] What you can do starting right now [26:55] Success leaves clues [28:10] What it means to take massive action [28:30] Taking action commits you to following through [29:40] If you do nothing you'll learn nothing [30:20] There must be an emotional purpose behind what you're doing [30:40] How does Tony ignite creativity in his own life [32:00] «How is not as important as «why» [32:40] What and why unleash the psyche [33:25] Breaking the habit of focusing on «how» [35:50] Deep Practice [35:10] Your desired outcome will determine your action [36:00] The difference between «what» and «why» [37:00] Learning how to chunk and group [37:40] Don't mistake movement for achievement [38:30] Tony doesn't negotiate with his mind [39:30] Change your thoughts and change your biochemistry [40:00] The bad habit of being stressed [40:40] Beautiful and suffering states [41:50] The most important decision is to live in a beautiful state no matter what [42:40] Consciously decide to take yourself out of suffering [43:40] Focus on appreciation, joy and love [44:30] Step out of suffering and find the solution [45:00] Dealing with mercury poisoning [45:40] Tony's process for stepping out of suffering [46:10] Stop identifying with thoughts — they aren't yours [47:40] Trade your expectations for appreciation [50:00] The key to life — gratitude [51:40] What is freedom for
Find something you care about more than yourself [20:25] Make your mission to surround yourself with the right people [21:25] Suffering made Tony hungry for more [23:25] By feeding his mind, Tony
found strength [24:15] Great ideas don't interrupt you, you have to pursue them [25:05] Never - ending hunger is what matters [25:25] Richard Branson is the epitome
of hunger and drive [25:40] Hunger is the common denominator [26:30] What you can do starting right now [26:55] Success leaves clues [28:10] What it means to take massive action [28:30] Taking action commits you to following through [29:40] If you do nothing you'll learn nothing [30:20] There must be an emotional purpose behind what you're doing [30:40] How does Tony ignite creativity in his own life [32:00] «How is not as important as «why» [32:40] What and why unleash the psyche [33:25] Breaking the habit
of focusing on «how» [35:50] Deep Practice [35:10] Your desired outcome will determine your action [36:00] The difference between «what» and «why» [37:00] Learning how to chunk and group [37:40] Don't mistake movement for achievement [38:30] Tony doesn't negotiate with his mind [39:30] Change your thoughts and change your biochemistry [40:00] The bad habit
of being stressed [40:40] Beautiful and suffering states [41:50] The most important decision is to live in a beautiful state no matter what [42:40] Consciously decide to take yourself out
of suffering [43:40] Focus on appreciation, joy and love [44:30] Step out
of suffering and
find the solution [45:00] Dealing with mercury poisoning [45:40] Tony's process for stepping out of suffering [46:10] Stop identifying with thoughts — they aren't yours [47:40] Trade your expectations for appreciation [50:00] The key to life — gratitude [51:40] What is freedom for
find the solution [45:00] Dealing with mercury poisoning [45:40] Tony's process for stepping out
of suffering [46:10] Stop identifying with thoughts — they aren't yours [47:40] Trade your expectations for appreciation [50:00] The
key to life — gratitude [51:40] What is freedom for you?
The
key to the situation lies in putting together what we know
of God as Creator and Redeemer, and
finding a view
of God's relation to the world which will do justice both to the insights
of biblical faith and to the
facts of human experience.
In
fact, if you would
find the highest tributes to Jesus» personality, do not go to the theologians, but to the poets; go, that is, to the men and women emotionally and intellectually
keyed to the recognition
of beauty and greatness whenever they appear in human life.
Certain
key historical
facts are well established: the death by crucifixion and burial
of Jesus, reports that his tomb had been
found empty, and that some
of Jesus» followers had experiences (they believed)
of the risen Jesus.
This provision for such relative and limited autonomy is indeed a
key requirement in any theory which takes the whole as primary, since without it there is no way to understand or even account for the
fact that partial aspects can be
found which may serve as points
of departure in the development
of knowledge.
Investigations since 2003 in
key Middle East countries that import Australian animals have
found that, in
fact, halal requirements (as listed above) are routinely ignored in each
of Egypt, Oman, Bahrain, Kuwait and Qatar.
KEY FACT: Palace have won only one
of their last 11 Premier League matches against Man City MATCH ODDS: Palace 10/1 Draw 11/2 Man City 2/7 bet365 Pick: Over 2.5 goals @ 11/10 ANDY SAYS: I think my former team will
find this mission a bit too difficult, has to be City... 1 - 3 GRAEME SAYS: I think this could be tougher than some think, but City just edging it... 1 - 2 SILKY SAYS: Two
of my former sides here and I have to go with City, too easy....1 - 4 FOOTBALLIndex — One to follow: Kevin De Bruyne remains the biggest bargain on the Index
KEY FACT: Spurs have won each
of their last three Premier League matches against Stoke all by a 4 - 0 MATCH ODDS: Spurs 2/7 Draw 11/2 Stoke 10/1 bet365 Pick: Both Teams to score @ 19/20 ANDY SAYS: I am just not convinced by Spurs at the moment and can see them being held... 1 - 1 GRAEME SAYS: I have to go with Tottenham to
find some form and claim the win... 2 - 0 SILKY SAYS: Spurs will win this for me and do it with something to spare... 3 - 0 FOOTBALLIndex — One to follow: Under # 4 still, Dele Alli looks very good value
KEY FACT: Man United have lost two
of the three Super Cup finals they have played MATCH ODDS: Real 19/20 Draw 12/5 Man Utd 5/2 ANDY SAYS: I can see this being a close one and end in a draw — 1 - 1 GRAEME SAYS: I believe United will win this, be close but I think they will take it — 1 - 2 LADBROKES PICK: Both sides have
found the net in each
of the last seven competitive and non-competitive meetings.
This briefing draws on the
findings of two EOC research reports and other sources to present some
of the
key facts about fathers» employment patterns, their changing role within the family and how changing expectations require new, more flexible approaches to working practices.
There's no easy solution here, as this student is a classic example
of broader cultural values at work, but
fact finding and recognizing that the problem exists is a
key first step.
Learn about different delivery models,
find an FAQ section, read
key studies that speak to the importance
of school breakfast, and download extras like backpack brochures and school breakfast
fact sheets to share with students and parents.
Indeed, in a paper from the University
of California, San Francisco, researchers claim to have done just that — identify a group
of kids with pure SPD — and
found that their brains are in
fact different from controls in
key sensory areas.
Even before the Professor Kwesi Botchway - led committee comes out with its
findings on the root causes
of the party's defeat in the 2016 elections, it is an open
fact that one
of the
key reasons for our loss was as a result
of the failure
of the party to deploy logistics and resources to the grounds for members to undertake effective campaigning.
But New York State Supreme Court Justice William Ford
found Lake «has failed to sustain his burden
of demonstrating how the court has misapprehended or overlooked
key, material or relevant points
of law or
facts and evidence,» according to the decision filed earlier this month.
The SAGE meeting, held on a relatively busy day, was a low -
key affair (and in
fact, I wouldn't have known about had the Environmental Advocates
of New York sent out a news release on the
findings).
In
fact,
finding a way
of guaranteeing a quick solution to any jigsaw puzzle would provide the
key to one
of the most important problems in mathematics and computer science.
One
of the
key findings from the research expedition is that temperature shapes which species are present in a given plankton ecosystem, a
fact that could take on increasing importance in the face
of climate change.
In
fact, «the gut - brain axis» has been well - studied and
found to be a
key aspect
of mental health.
In
fact, to complete each level, players have to «simply»
find the
key hidden somewhere in the level and walk through the door so that they can progress onto the next level to do more
of the same.
There are 3 tasks: a warm up task -
finding the definitions
of key words which involves dictionary work; then the major task is a
fact finding mission on a chosen artist / painter / designer / architect; and finally an extension task researching a bizarre
fact about that individual.
The first group was simply asked its opinion about a policy question, while the second (and often a third or fourth) group was given some additional piece
of information, such as the president's position on the issue, a research
finding, or a
key fact.
Although this was one
of the
key findings of the report, little attention was paid to this inconvenient
fact.
Scott Milliman and I
found, after correcting for this and other errors, that one
of the
key studies cited by the AFT as alleging racial concentration in charter schools in
fact found charter schools no more segregated than district schools, with the notable exception
of those charters that had converted from private schools.
Resources include: INFORMATION FILES: The Roman Empire — how Rome began, how it was ruled, Caesar, Pompey, the Army, Enemies Daily Life in Rome: family life, jobs, schooling, food, clothing Citizens and Slaves: Patricians, Plebeians, Slaves, Rebellions, Rights, Spartacus Colosseum: information and photos The Emperors: Augustus, Trajan, Hadrian, Nero, Constantine, Vespasian Roman Gods pictures and information Calendar information Italy today information Pompeii information Public baths and toilets information Roads and aqueducts information Roman army information sheet Large
key word cards with definitions Timeline posters pack PHOTO PACKS: Roman ruins around Britain Roads and aqueducts Pompeii Public baths and toilets Italy today QUESTION SHEETS: Army worksheet Buildings
of Ancient Rome worksheet Emperors worksheet Julius Caesar worksheet Italy today quiz People
of Rome question sheet The roman Empire worksheet MAPS: Maps
of the world, Europe, italy today, Roman Empire, Roman Britain, Europe outline to colour LARGE FLASHCARD SETS: Ancient Rome Italian cities Italian things ACTIVITIES AND OTHER Acrostic poem All about Rome — writing and drawing booklet to make Alphabetical order worksheet Ancient Rome colouring pages Draw your own Roman shield Draw a roman villa
Find the definitions Flag colouring page Week diary booklet Draw a roman feast Dress the roman soldier Draw and write
facts about a roman landmark or building Draw and list the things romans gave us Mae a presentation, with cue cards to complete Roman children lunchbox Make emperor photo flashcards Mind map Notes pad Roman soldier worksheet — label the different armour Task cards Word search Blank thought and speech bubbles for display Write sentences for topic evaluation Work booklet cover to keep topic work together Themed borders for written work DISPLAY A4 flags
of Europe, display borders, buntings, extra large lettering, long banner, useful images, plus other display resources LANGUAGE Months, days and common phrases flashcards in English and Italian flashcards
As principal investigator for the study, I provided the gathering with
key findings: many, many young people were dropping out
of Texas schools, most schools reported no plans to address the
fact that one out
of three students were leaving school before obtaining a high school diploma, and the costs
of undereducation to dropouts, their families and the state were enormous.
Complete analyses
of data,
fact sheets, and the report
of key findings can be downloaded from the SPeNSE website (http://www.spense.org).
This, despite a number
of key updates and the surprising
fact that you won't
find a V - 8 engine under hood.
The program includes, to name a few,
fact -
finding trips and meetings with pre-vetted buyers in
key emerging markets; importation
of vehicles popular globally but not sold in the United States, make / model data for
key worldwide markets; international roundtables with international buyers at the SEMA Show.
We also
found the old - school «
keyed» ignition disappointing in this era
of push - button ignitions, as we did the
fact that items such as Apple CarPlay and lane change assist are optional.
In
fact, I
found the keyboard, which is now somewhat larger and allows for more space between the
keys, easier to work with; when I used it for a couple
of searches, I didn't get nearly the number
of typos I did with the Kindle.
I think that many
of our outlier success are, in
fact, the very best at knowing, as you say, that leverage is the
key — where you
find it, that's where you go, and if you
find it in a fair contract with a traditional publisher, then that's your direction.
Again and again, such stores have been
found to be misleading consumers with stories about getting puppies from responsible breeders, when in
fact puppy mills are a
key part
of their supply chain.
One
of the
key lessons I've preached over and over in my income reports is the
fact that if you want to branch out in terms
of your income streams you need to
find ways to make yourself discoverable.
While in their 27 years, the Guerrilla Girls have had their ups and downs and their swells and constrictions as a group, their agenda against discrimination has only widened and intensified: Both their support
of equal representation
of queer artists and artists
of color and their focus on the flow
of money through art channels have become
key platforms in their
fact -
finding missions.
Please
find attached a
fact sheet on our Mesoamerican Reef Tourism Initiative,
of which this cruise work is a
key part.
Australian professor / lecturer Sharon Beder's site's «Information Council on [sic — incorrect word] the Environment» (ICE) section, which I showcased in my prior blog post, reveals the
key clue
of where the Gore - Gelbspan «reposition global warming as theory rather than
fact» phrase is
found in its original context.
When Fox News based an IPCC «expose» on Laframboise's book, Media Matters
found that when it came to issues on the qualifications
of the handful
of young scientists,
key facts had been missed or omitted.
A reported
key finding is «that the society acknowledges the uncomfortable
fact that political ideology influences the climate change views
of scientists.
The
fact that Exxon chose to not share its
findings raises
key questions about the ethical responsibilities
of corporations.
When reporters visited Aurora Organic Dairy, a supplier to Walmart and Costco, several times over the past year, they
found little evidence
of grazing cattle, despite the
fact that grazing is a
key component
of organic dairy.
Two doctors; one psychiatrist, and one anaesthetist; and an architect,
found a number
of key background
facts, which point to the reality
of negligence.
The Court
of Appeal also upheld the trial judge's
finding of fact that there was no evidence that there was a «bought deal» with the equity investor during the time the share redemption transaction was being negotiated in any event — a
key plank
of the selling shareholders» case.