Sentences with phrase «of a preliminary issue»

Early neutral evaluation should be promoted, as should the determination of preliminary issues where possible.

In particular, it identified a number of preliminary issues that would need to be addressed if the new processes are to work.

Advised in relation to the hearing of a preliminary issue as to whether the directors were entitled to rely on an indemnity in the company's articles of association (at first instance, before the Guernsey Court of Appeal and in relation to the defendants» unsuccessful application for permission to appeal to the Privy Council).

Jackson v Dear & Anr [2012] EWHC 2060 (Ch) and [2014] 1 BCLC 186 (CA) Trial of preliminary issues as to the construction of a commercial agreement and its effect on the constitution of a Guernsey company operating a closed - ended investment fund.

Further to the outcome of the Preliminary Issues Arbitration, Rachel became heavily involved in advising, drafting and general preparations in relation to the Defence of (and Counterclaim in relation to) the «Main (multi-million Euro) Claim» including detailed work with factual and expert witnesses.

So let's give Mr Justice Coulson an eight per cent over base increment in his salary for venturing into the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD (I) A 1998) in Ruttle Plant Hire Ltd v Secretary of State for the Environment, Food and Rural Affairs [2008] EWHC 730 (TCC), [2008] All ER (D) 191 (Apr) which involved the determination of 17 issues in the second round of preliminary issues in the case.

The order made by Master Rogers on 25 April 2005 on the hearing of the preliminary issue provided that, in assessing bills covering work done after 6 May 2005, Withers should be absolutely bound by that estimate, save for specified but limited costs for the additional trial days.

In Various Claimants - v - Barclays Bank plc (Dr Bates (deceased) and Barclays Group Litigation)[2017] EWHC 1929 (QB), the court were asked to determine by way of preliminary issue whether Barclays Bank should be held vicariously liable for alleged sexual assaults committed by an independently - contracted doctor during the course of pre-employment medical examinations between 1968 and 1984.

For the purpose of the preliminary issue trial, Leggatt J assumed that Dana Gas's contention was correct and that as a matter of UAE law the Mudarabah Agreement was unlawful and unenforceable.

-- order the European Council to pay the costs which he has incurred in the context of the preliminary issue relating to admissibility.

Belhaj and Boudchar v Rt Hon Jack Straw MP and ors [2013] EWHC 4111 (QB) Trial of preliminary issue as to whether claims against HMG and individual claimants (including former Foreign Secretary) in relation to alleged rendition to Libya were barred by principles of sovereign immunity or foreign act of state.

The Supreme Court restored the decision of Mr Justice Tugendhat who had ruled, on the hearing of a preliminary issue, that The Times was entitled to rely on the defence of Reynolds qualified privilege in relation to the printed publication of the article about the claimant.

The key factors were that Buck had a «direct financial benefit in the outcome of the preliminary issue» and that its interests were «antipathetic to the Scheme» because the preliminary issues were designed to bring to an end the negligence claims that could have resulted in Buck paying damages to the Trustee and SAL.

Buck argued that even in that context the determination of the preliminary issues was in the interests of the scheme beneficiaries as a whole, and relied on its representative role to support that position.

The judge ruled on the hearing of a preliminary issue that the agreement by the solicitors to discharge a client's «remaining liability» under the loan agreement applied even though the loan agreement was unenforceable by virtue of CCA 1974.

But at the assessment of damages, on the trial of a preliminary issue, it was held at fi rst instance that all of the claimed losses were refl ective (see [2001] 2 BCLC 582).

Re Guidezone Limited (Lawtel AC0147346) Successfully acting for the respondents» to an unfair prejudice petition on a 5 week trial of a preliminary issue (with Lance Ashworth QC).

«The attorney general had hoped that the Supreme Court would address some of the preliminary issues presented by this case.»

In the context of the trial of preliminary issues, however, his Lordship would say nothing about whether the claimant would in fact be able to recover such damages from the Secretary of State.

The Lands Tribunal ordered the trial of a preliminary issue, namely whether, if the claimant had suffered loss through the diminution in value of its leasehold interest in the premises due to the carrying out of the works, it was entitled to compensation under s 10.