Sentences with phrase «not at this stage of proceedings»

The Court in this jurisdiction should not at this stage of proceedings resolve disputes regarding the risk and extent of harm, that would be an issue for the Jurisdiction that the children are returned to, if that is the outcome.

Not exact matches

Florida's constitution was amended in 1988 to say that victims have rights «to be informed, to be present and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.»

Real Madrid demanded too much and while I wouldn't have liked us paying 40m for Higuain, Arsenal at one stage were pretty comfortable negotiating a much lower fee and we kind of blew the chance by drawing proceedings on for too long.

A possible explanation for the Court's silence might be that the issue was simply not raised at any stage of the legal proceedings; not by the legal representation of the EU citizens concerned, not by the referring Court, not by the Advocate - General nor suo motu by the Court itself.

The court is to have regard to all the circumstances of the case including: the withdrawal grounds relied on and whether or not new evidence has come to light which was not available when the admission was made; the conduct of the parties including any conduct which led to the admission being made, any prejudice that may be caused if the admission is withdrawn and if withdrawal is refused, the stage in the proceedings at which the application to withdraw is made, in particular in relation to the trial date; the prospects of success (if withdrawal) for the claimant; and the interests of the administration of justice.

One of the key features of its mission and unifying nomophylactic essentially aimed at ensuring certainty in the interpretation of the law is the fact that, in principle, the current rules do not allow the Supreme Court to know the facts of a case unless they prove by deeds already obtained in proceedings in the pre-trial stages, and only to the extent that it is necessary to know in order to assess the remedies that the law allows you to use to motivate an application at the Court.

A psychiatric report given at an earlier stage in the proceedings had opined, «the prospect of the return to paid employment in the near future is limited... can not conceive a situation where he would be fit for flying... significant danger as a pilot... because of his poor concentration, his preoccupation with his difficulties and his simple attitude towards his overall difficulties.»

[6] In its explanatory note to the proposal, the Commission also states that suspects not only should have an effective (Article 10), but also a specific and immediate remedy at any stage of the criminal proceedings when evidence is obtained in breach of the right to remain silence or the privilege not to incriminate oneself, save in very exceptional circumstances where the use of such evidence would not prejudice the overall fairness of the proceedings (§ 36 of the explanatory note).

``... if it appears at the time the decision on pre-trial detention is taken that the «officer authorised by law to exercise judicial power» is liable to intervene in the subsequent proceedings as a representative of the prosecuting authority, then he could not be regarded as independent of the parties at that preliminary stage as it is possible for him to become one of the parties at a later stage.»

With respect to the Appellant's first ground, the Court of Appeal found the argument summary judgment should not have been granted on the basis proceedings were still at an early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»

Although most cases settle, should the matter not settle or be dismissed on a preliminary basis, a lawyer may be assigned to work with and represent you through the remaining stages of the proceedings, including with respect to preparation for and attendance at any hearing.

The motion judge dismissed Structal's motion for payment of the progress payments finding the dispute pertaining to Structal's delay claim, and Dominion's claim for set - off under their contract, was a dispute could not be decided at this stage of the proceedings and on the materials before him.

Justices LeBel and Rothstein dissented, finding that niqabs should not be worn at any stage of criminal trial proceedings.

Mr Justice Roth so eloquently states: «The Pt 18 procedure should not be used to force a defendant, in adversarial litigation, to provide what amounts to fragmentary witness evidence at the behest of the claimant at an earlier stage in the proceedings.»

The new FPR 1991 r 10.28 (4) provides that at any stage of the proceedings the court may direct that a media representative shall not attend the proceedings or any part of them, where the court is satisfied that exclusion: