It also gives the court discretion to award no costs where the class proceeding was a test case, raised
a novel point of law, or involved a matter of public interest.
The plaintiff, who lost on summary judgment, sought only minimal costs based on public interest because he claimed the case dealt with
a novel point of law and fact situation.
Has advised on a number of complex cases, including those concerning
novel points of law.
Corker Binning's extradition work is often high - profile, and the firm devotes itself to taking on complex or unusual extradition cases which raise
novel points of law, whether under the European Arrest Warrant scheme or cases emanating from outside the EU.
Many of the cases that Joanna has handled are high value or involve
novel points of law, requiring a creative and commercial approach to achieve a successful outcome.
Not exact matches
The present ruling does raise a
novel (at least to the extent not already covered by Châteauguay)
point of law, which is the circumstances under which delay can serve as a trigger to render a municipal or provincial regulatory requirement inoperative or inapplicable.
ITO - Int» l Terminal Operators v. Miida Electronics, [1986] 1 SCR 752 at 788: «I would observe on this
point that conceptual difficulties
of this nature are not a
novel feature
of the common
law.
But your starting
point is here, in the photo gallery here: our list
of the greatest
law novels ever.
The judge wrote: «Since the parties were not able to
point me to any case which had considered the issue
of the existence
of a duty
of care by a volunteer in circumstances where the volunteer's act allegedly had caused, or contributed to, damage to the property
of the person to whom he was volunteering his services, I conclude that the question
of law raised by this case is a
novel one, or at least one in which the case
law has not been fully settled.»
The mainstay
of Ben's practice comprises complex public and private
law commercial and regulatory disputes before the English and European Courts, regularly involving
novel points in developing areas
of the
law.
The third
point of rebuttal by the government to the CERD decision is that the Committee did not allow a margin
of appreciation in legislating in such a
novel area
of the
law.