Holding the former option, Lord Brown said: «It seems to me inconceivable that Parliament would have contemplated leaving the suggested common law restitutionary route to the recovery of overpayments available to the secretary of state to be pursued by way
of ordinary court proceedings alongside the carefully prescribed scheme of recovery set out in the statute.
Furthermore, the limitation period (for commencement
of ordinary Court claims) should be suspended during any statutory warranty claims process.
Any claim arising from the information contained on the eDairy News website shall be submitted to the competence
of the ordinary courts of the First Judicial District of the Province of Cordoba (Primera Circunscripción Judicial de la Provincia de Cordoba), Republic of Argentina, in the city of Córdoba, excluding any other jurisdiction (Federal jurisdiction is also excluded).
This agreement shall be governed by and construed in accordance with the material laws of Switzerland.All disputes controversies or differences arising out of or relating to this agreement, or breaches thereof, which can not be settled by the parties, shall be resolved, to the exclusion
of the ordinary courts by a one person Arbitral Tribunal in accordance with the International Arbitration Rules of the Swiss Chamber of Commerce.
As the court of appeal commented, defining the parameters of promissory estoppel was a matter within the purview
of the ordinary courts and outside that of labour arbitrators.
A rationale often quoted for the existence of tribunals like the Appeals Commission is the provision of a speedier and cheaper procedure, as tribunals avoid the formality
of the ordinary courts.
Not exact matches
Twitter and the UK press are losing it over a model who was given a lenient sentence in
court for attempting to steal almost # 1,000
of luxury goods from Harrods — despite her punishment being nothing out
of the
ordinary.
Under it,
courts first look to the state law definition
of ordinary business matters.
There are royal psalms voicing the festival spirit
of celebration at the
court, praying for help in the king's need and for blessing on the king's rule, and there are psalms in which the common man poured out his hope and trust in God amid the
ordinary happiness, suffering, and drudgery
of daily life.
I've found that most people — including many law professors — have a great deal
of difficulty wrapping their minds around the idea that the
Court would permit the intentional destruction
of a healthy infant who was capable
of living outside his or her mother's body, when the mother's health (in the
ordinary meaning
of that word) is not in serious danger.
In an
ordinary dictatorship such as Mussolini's thousands
of people were arrested for political crimes, but hundreds
of these were acquitted by the Italian
courts.
If in the course
of an
ordinary day we are not struck in the face or accosted by beggars or taken to
court or hit up for a loan, there are plenty
of other demands on our time for faithful living!
Their argument is that, to put it in Lincoln's language, «if the policy
of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions
of the Supreme
Court, the instant they are made in
ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands
of that eminent tribunal.»
When Americans — whether presidents, Supreme
Court justices or
ordinary citizens — refer to the «wall
of separation» desired by the Founders, they not only perpetuate a historical inaccuracy; they unwittingly revive some
of the most distasteful episodes in American history.
At the same time, the candid citizen must confess that if the policy
of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions
of the Supreme
Court, the instant they are made in
ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands
of that eminent tribunal.
It can be pointed out that this is a reckless kind
of polity — allowing the
Court to define the nature and scope of political power on an ad hoc basis, without benefit of the debates of a legislative assembly or a constitutional convention, and without the contest of facts typical of an ordinary trial c
Court to define the nature and scope
of political power on an ad hoc basis, without benefit
of the debates
of a legislative assembly or a constitutional convention, and without the contest
of facts typical
of an
ordinary trial
courtcourt.
Yet even in the period
of imperial patronage, when the
ordinary courts themselves came to reflect Christian principles, bishops continued to enlarge the judicial aspect
of their office.
In the 16th century, when
court, ecclesiastical and state affairs were becoming increasingly complex, the preferred method
of keeping administrative documents organized was to tie related papers together, using string for
ordinary documents and binding important dossiers together with red tape.
It's totally
ordinary for the team that just lost to hustle off the
court — and plenty
of the Golden State Warriors did — but after a series that got pretty hostile at times, it was wonderful to see some Golden State players stick around amid the Cleveland Cavaliers» celebration to show love to the Cavs, none better than this one:
They lambasted me for arguing that lawyers and
ordinary citizens may talk freely to the media in moderate criticism
of the judgments
of our
courts.
You were recently invited to talk about the principle
of Magma Carta on a BBC programme which was broadcast live across the globe.The right to personal freedom means that no man may be punished, imprisoned, or coerced, except for breach
of the law proved in a legal manner before an
ordinary court, and this right flows directly from the provisions
of Magma Carta, the Petition
of Right, 1628, and the Bill
of Rights, 1968.
Passionate basketball fans who live and breathe the Lakers but have only
ordinary incomes have no hope
of sitting near the
court (many will be lucky to get in the arena on a regular basis in the first place).
At 10:15 a.m., leaders from New York's organized labor movement will hold a news conference as the U.S. Supreme
Court hears oral arguments in Janus v. AFSCME, the latest in a series
of attacks by the wealthy and corporate interests against
ordinary working people, outside the Senate lounge, 3rd Floor, state Capitol, Albany.
Citing the relevant Supreme
Court cases, the Judge concluded that Ajibola failed to depose to any fact which showed that his rights had been affected beyond that
of ordinary member
of the public.
Her pride in being «normal» is something she wears as a badge
of honour, celebrating her Brummy accent, determined to carry on speaking in her own voice because «if we don't start sounding like the public,
ordinary people will disengage and we'll be left with the Establishment holding
court and we can't have that!»
Giwa's case at the
Court of Arbitration for Sports was also thrown out after being struck out at the ordinary court of
Court of Arbitration for Sports was also thrown out after being struck out at the
ordinary court of
court of law.
It's normal for lawyers and others to ask questions whether the Supreme
Court's decisions follow a legal pattern: that is, do the
Court's decisions conform to legal precedent,
ordinary norms
of legal reasoning, and established constitutional and legal principles.
The ruling by the
ordinary bench
of the Supreme
Court led by His Lordship Samuel Date - Bah (JSC) is legally perfect, reasonable, fair, and fit the historic ruling
of the International Chamber
of Commerce (ICC) which is constant and consistent with Mr. Alfred Agbesi Woyome's position that he is not a beneficiary and / or a party to any contract signed in 2006 between the Government
of Ghana and Waterville.
The
ordinary bench unanimously ruled that the proper forum for the determination and resolution
of whether or not Mr. Woyome is entitled to a claim against the State is the High
Court and not the Supreme
Court.
A serving Justice
of the
Court of Appeal, Justice Emmanuel Agim, while speaking in Enugu, Enugu State, South - East Nigeria, on December 1, 2014, painted a picture
of the excruciating pains justice - seeking
ordinary Nigerians suffer.
For those
of you who were distressed to hear that the remake
of «Death Wish» was having its original Thanksgiving release date bumped and despaired that you might have to go through the entire holiday season without seeing a single film in which an
ordinary person turns vigilante when the police and the
courts fail to provide any sense
of justice, «In the Fade» may come as a relief.
Specifically, spending increases associated with
court - mandated reform are much more strongly related to improvement in measured school inputs (e.g., student - to - teacher ratios, length
of the school year) than
ordinary spending increases.
The debtor shall obtain
court approval to obtain secured credit and unsecured credit outside the
ordinary course
of business.
I'm also interested in what he said about the $ 110 million payment in lieu
of the artifacts (if the
court had opted for an auction and payment in cash instead
of the «in specie» award) being treated as
ordinary income.
Even if the legislature does make a new law to protect Oklahomans, they may find themselves hopelessly tied up in
court against big agricultural companies and conglomerates who are happy to waste taxpayer money on frivolous litigation while their companies continue to rake in huge profits at the expense
of ordinary Oklahomans.
Some were built for
ordinary people, others were for members
of the imperial
court.
«Concurrent jurisdiction over lawyers, shared between superior
courts and law societies, is an
ordinary aspect
of the dual identities
of lawyers as officers
of the
court and members
of a regulated profession,» she wrote.
The ECtHR took on their case and it was heard in 2006 by the
ordinary court of seven judges.
Since the late 1800s, the
courts had consistently held that liability would be imposed on attorneys for want
of such skill, prudence and diligence as lawyers
of ordinary skill and capacity commonly possess and exercise.
It noted that in family proceedings, unlike in
ordinary civil proceedings, consent orders are binding and enforceable as a result
of the
court endorsing the agreement, rather than as a matter
of contract.
Lord Justice Leveson stressed that
ordinary members
of the public are often the objects
of unfair scrutiny and unwelcome publicity in the media and are not well placed to assert their rights in a
court of law.
He and National Council also argue that the guidelines overstep both ICWA and children's best interests when they instruct
courts not to consider «
ordinary bonding or attachment» or the length
of a placement as part
of a good - cause determination.
Our adversarial
court - based administration
of justice is problematic both where powerful actors have disputes with
ordinary people and where family disputes require resolution.
Legislatures,
ordinary courts, other constitutional
courts, the European
Court of Justice and the European
Court of Human Rights are examined in turn.
It is increasingly necessary to provide evidence to the
court as to the amount
of the actual legal fees, versus what
ordinary costs would amount to, so as to persuade the
court that it may be unjust if special costs or increased costs were not awarded.
In co-operation with the Gutierrez Law Firm, which is headquartered in San Antonio (where most immigration
court proceedings must be held for Central Texas cases), Dunnam & Dunnam is dedicated to upholding the rights
of individuals who wish to enter the United States on a temporary or permanent basis, helping
ordinary people realize their dreams and aspirations.
The
Court of Appeal determined that the «plain and
ordinary meaning»
of the D - grade, considered in the contest
of the BBB's stated purpose, was defamatory.
Because the lighter was fit for its
ordinary purpose
of producing a flame, the
Court found that it was merchantable, and thus, no claim for breach
of the implied warranty
of merchantability was cognizable against the manufacturer.
The U.S. Supreme
Court has emphatically reaffirmed the requirement that collective bargaining agreements must be interpreted according to «
ordinary principles
of contract law» when deciding whether retired employees are entitled to health care benefits, according to a post by Foster Swift Collins & Smith PC.
The Supreme
Court again agreed with our position that the
ordinary purpose
of the lighter was to allow an adult user to produce a flame, and not to be a two - year - old child's plaything.