Sentences with phrase «main judgment of the court»

The main judgment of the court was delivered by Lord Hughes, all his colleagues concurring.

Not exact matches

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.

Yet in November 2009, the Supreme Court ruled in a shock judgment, that followed strong arguments from the banks expensive barristers, that due to a narrow technical decision bank charges didn't NEED to be fair — well at least on the main piece of law that was tried.

Its main, if not only, controversial feature is that it does not allow the enforcing court to review the jurisdiction of the court giving the judgment.

41 Therefore, on the one hand, provided that the selection or arrangement of the data --- namely, in a case such as the one in the main proceedings, data corresponding to the date, the time and the identity of teams relating to the different fixtures of the league concerned (see paragraph 26 of the present judgment)- — is an original expression of the creativity of the author of the database, it is irrelevant for the purpose of assessing the eligibility of the database for the copyright protection provided for by Directive 96/9 whether or not that selection or arrangement includes «adding important significance» to that data, as mentioned in section (b) of the referring court's first question.

The judgment, handed down by Lord Justice May in the Court of Appeal last week (19 February), ruled that an earlier judgment ordering CBUK to pay # 4.2 m in damages to Wembley Stadium's main contractor Multiplex should be reduced to # 1.8 m.

The Court instructs the national court to take into account the fact that if co-defendants in the main proceedings are each separately accused of committing the same infringements with respect to the same products, and if such infringements were committed in the same Member States in such a manner that they adversely affect the same national parts of the European patent at issue, the claims are connected and there is a risk of irreconcilable judgments (Solvay,Court instructs the national court to take into account the fact that if co-defendants in the main proceedings are each separately accused of committing the same infringements with respect to the same products, and if such infringements were committed in the same Member States in such a manner that they adversely affect the same national parts of the European patent at issue, the claims are connected and there is a risk of irreconcilable judgments (Solvay,court to take into account the fact that if co-defendants in the main proceedings are each separately accused of committing the same infringements with respect to the same products, and if such infringements were committed in the same Member States in such a manner that they adversely affect the same national parts of the European patent at issue, the claims are connected and there is a risk of irreconcilable judgments (Solvay, par.

This point concerned paragraphs 96, 110 and 111 of the General Court's judgment, in which it stated that «runways are essential for the purposes of the economic activities performed by an airport operator», that «the objective of constructing a runway is linked to the main economic activity of an airport», and that «the construction and extension of the runway are pre-conditions for its operation».

The Court of Appeal's judgment in Main & Ors v Giambrone & Law [2017] EWCA Civ 1193, [2017] All ER (D) 82 (Aug) provides some comfort for those individuals whose dreams have been shattered.

The petitioner appealed a judgment entered by the lower - level superior court to dismiss her unsworn notice of claim to file a medical malpractice lawsuit, pursuant to the Main Health Security Act, as a properly - sworn claim was not filed within the statute of limitations.

This makes sense from the perspective of the court itself, and in the context of the Aboriginal oral tradition, but it concerns me that the main method for communicating information about courts» decisions and the way they are distributed to influence other courts» judgments is in the form of printed judgments.

The main thrust of the passages cited... from my judgment in McPherson was to reject as erroneous the submission to the court that, in deciding whether to make a costs order, the employment tribunal had to determine whether or not there was a precise causal link between the unreasonable conduct in question and the specific costs being claimed.

The main sources of adjudicative law I describe are underlying legal principles, social practice, and judicial fiat implementing a court's policy judgment.

67 In paragraph 48 of the judgment in Dereci and Others, the Court took the view that, in so far as the disputes in the main proceedings concerned Union citizens who resided in a Member State and their family members who were third country nationals who wished to enter and reside in that Member State for the purposes of living as a family with those citizens, Directive 2003/86 was not applicable to those third country nationals.

More particularly, since the Court acknowledged in the judgment in Tsakouridis, that the fight against trafficking in narcotics as part of an organised group is capable of being covered by that concept, the question here is whether an act carried out alone, such as that committed by Mr I. in the main proceedings, namely sexual abuse of a 14 year old minor, sexual coercion and rape, is also capable of being covered by that concept.

Lord Justice Auld, who delivered the main judgment in the appellate court, (concurred in by his two colleagues), was adamant that there was no distinction to be drawn between the fact that this case concerned the duty of care owed by social workers, in contrast to East Berkshire which considered the ambit of the duty of care of doctors.

While the main judgment in the Court of Appeal was delivered by Pill LJ, all three judges (Pill LJ, Rix LJ and Longmore LJ) delivered substantive concurring judgments.