Sentences with phrase «of preliminary issues as»

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.

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.

Not exact matches

The scope of Samuelson's work at Zillow as chief industry development officer was limited by a preliminary injunction issued in July in conjunction with a lawsuit filed by Move and the National Association of Realtors.

After your preliminary approval is issued, your mortgage lender will ask you to provide paperwork which proves the information you've shared as part of your application.

This book not only deals with preliminary issues surrounding Luke and Acts such as the context of Luke and Acts in the canon of Scripture, and the unity of authorship for Luke and Acts, but also deals with numerous theological themes and issues in Luke and Acts such as salvation, the person and work of Jesus Christ, the coming of the Holy Spirit, the ongoing role of Israel and the Law, and the beginnings of the church.

Indeed, since the movement of the argumentation (such as it is) is towards first principles - including this single first principle - and since scientific argumentation is from first principles, any strictly - speaking demonstrative argumentation would have to be limited to preliminary and ancillary issues, such as whether material substances are properly - speaking forms or rather composites, etc..

Although to be fair to the observers, a review of some of their preliminary reports reveal that some of them raised credibility issues even as they approved the process.

The City Council will hold a series of hearings on the mayor's preliminary budget and issue a response with policy recommendations, as well as expense and revenue proposals.

Comptroller Scott Stringer blasted aspects of Mayor Bill de Blasio's preliminary budget for fiscal year 2018 on Wednesday, taking issue with the mayor's homelessness strategy and what Stringer described as a dearth of savings for city agencies.

Over two weekends in September in Manchester — just as the Brexit negotiations start to move beyond preliminaries — citizens will focus on choices relating to trade and immigration, and the implications of these on issues such as the economy, jobs, public services and the degree to which the UK can control its own affairs.

Consensus leaders have only issued a preliminary report at this point, but Onondaga County Executive Joanie Mahoney said past mergers between the two governments have saved money, such as the consolidation of their purchasing departments.

Preliminary results of the study were presented at a World Health Organization (WHO) evidence review group meeting, while UNITAID has issued a call for further research into the use of endectocide class drugs, of which ivermectin is currently the only one registered for human use, as new vector control tools in the fight against malaria and other mosquito borne disease.

Preliminary analysis, as detailed by Li and co-authors in the December issue of the journal Archaeological Research in Asia, suggests that the irrigation system was built in the 3rd or 4th century A.D. by local herding communities looking to add more crop cultivation to their mix of food and livestock production.

A plan to drastically reduce the number of school districts in Rhode Island appears doomed after a special commission issued preliminary recommendations saying that «regionalization» would not save as much money as originally hoped.

The gallery has gathered a number of early works by the photographer and theorist, including preliminary versions of some of his documentary pieces, which tackled issues of labor and politics, as well as never before exhibited prints.

As a preliminary matter, one of the challenges that IPCC faces in its mandate on of ethics and justice issues relevant to climate change policy - making is that it is not IPCC's role to be prescriptive in deciding what governments should do.

Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether Directives 91/439 and 2006/126 «must be interpreted as precluding legislation of a host Member State which allows that State to refuse to recognise, within its territory, a driving licence issued in another Member State in the case where the holder of that licence... was refused a first driving licence in that State on the ground that he did not satisfy, under that State's legislation, the physical and mental requirements for the safe driving of a motor vehicle» (para. 35).

As a preliminary point, the AG narrowed the rights concerned down to two rights — the Charter's Article 7 right to privacy and the its Article 8 right to data protection — before concluding that the compatibility issue should be assessed primarily from the perspective of an interference with the right to privacy [67].

However, as evidenced by Jolyon Maugham QC's proceedings before the Irish High Court in the so - called «Dublin case», the explicitly stated objective of which is a preliminary reference on the issue to the Court of Justice, the explicit question of whether notice under Article 50 TEU is revocable may be set to become the next judicial battlefield of the Brexit war.

As a preliminary conclusion and before I report further on these and other issues which are brought to my attention, it is clear to me that all the elements of the «Ick Factor» are essentially contingent to the funder used and the relationship established between funder, claimant and lawyer.

As I explained in a previous post, «the decision on Apple's claims was very specific not only to the four patents at issue at that stage of the litigation but also to the course of events in that litigation (as I pointed out in my detailed analysis)», as evidenced by the fact that Apple has meanwhile won two preliminary injunctions against Samsung, while «Judge Posner's position on FRAND is universally - applicable, and it will be extremely influential, throughout and beyond the United States», to Google's (Motorola's) dismaAs I explained in a previous post, «the decision on Apple's claims was very specific not only to the four patents at issue at that stage of the litigation but also to the course of events in that litigation (as I pointed out in my detailed analysis)», as evidenced by the fact that Apple has meanwhile won two preliminary injunctions against Samsung, while «Judge Posner's position on FRAND is universally - applicable, and it will be extremely influential, throughout and beyond the United States», to Google's (Motorola's) dismaas I pointed out in my detailed analysis)», as evidenced by the fact that Apple has meanwhile won two preliminary injunctions against Samsung, while «Judge Posner's position on FRAND is universally - applicable, and it will be extremely influential, throughout and beyond the United States», to Google's (Motorola's) dismaas evidenced by the fact that Apple has meanwhile won two preliminary injunctions against Samsung, while «Judge Posner's position on FRAND is universally - applicable, and it will be extremely influential, throughout and beyond the United States», to Google's (Motorola's) dismay.

Now that Judge Pender has made this remand initial determination on the narrow issues the Commission asked him to revisit, the parties can petition for review of that preliminary ruling (they already requested that the Commission review the original initial determination), and unless the Commission now decides to adopt Judge Pender's recommendations as the final ruling, the parties will then get to submit briefing on the issues key to the review.

It seems that the CJEU would view third country law as an issue of fact to be proved (see in this regard the article by Judge Rodin in the current issue of the American Journal of Comparative Law), which would seem to rule out the possibility for it to order «measures of inquiry» (such as the commissioning of an expert's report concerning third country law) under Article 64 (2) of its Rules of Procedure in a reference for preliminary ruling for the interpretation of Union law.

Following several years of judicial procedures, the Austrian Supreme Court made a preliminary reference to the European Court of Justice on two issues, of which the most interesting one concerns whether the environmental impact assessment also serves to protect an individual against pecuniary damages as a result of the decrease in the value of his or her property.

Clearly if discrimination is being cloaked by the operation of the rule, there may conceivably be circumstances in which a preliminary issue hearing to determine whether or not the rule is in fact being used as a cloak for unambiguous impropriety should be necessary; but, as the law stands, those circumstances will be rare.

A preliminary issue was heard as to whether or not, at the relevant time, the defendant had been authorised by the Bar Council to «practise as a member of the profession whose members [it] regulates».

The keynote will be followed by workshop sessions on a wide variety of topics of interest to criminal, juvenile, child welfare and mental health practitioners, including but not limited to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how to use social science research in your case, the new sentencing guidelines, restorative justice, ensuring language access, advanced issues in Superior Court litigation, representing emerging adults, how to contest preliminary drug test results, a practicum on mindfulness, as well as the latest from the immigration impact unit.

In EAD Solicitors LLP v Abrams (UKEAT / 0054/15 / DM), the EAT considered as a preliminary issue whether a corporate body which was a member of a limited liability partnership could claim for direct age discrimination.

Kyzuna Investments Ltd v Ocean Marine [2000] 1 Lloyd's Rep 505: Chris was instructed on behalf of the insured yacht owners in this dispute in which a decision of Thomas J. was reported on a preliminary issue as to whether or not a policy of insurance for a classic yacht was a valued or unvalued policy.

The case is reported as a result of a decision of Thomas J. on a preliminary issue as to whether or not a policy of insurance (which specified a «sum insured») for a classic yacht was a valued or unvalued policy.

As the Postscript of the judgment reminds us, these were private proceedings where the parents had asked the Court to decide the issue as opposed to care proceedings where the State is intruding uninvited into the private sphere of a particular family or community and where there is a preliminary threshold to be overcome before the State can intervenAs the Postscript of the judgment reminds us, these were private proceedings where the parents had asked the Court to decide the issue as opposed to care proceedings where the State is intruding uninvited into the private sphere of a particular family or community and where there is a preliminary threshold to be overcome before the State can intervenas opposed to care proceedings where the State is intruding uninvited into the private sphere of a particular family or community and where there is a preliminary threshold to be overcome before the State can intervene.

On 13 November 2006 costs judge Master Rogers ordered some of the bills to be assessed and directed that there be a preliminary issue «as to the scope and extent of the Defendant's (Withers LLP) estimate dated 6 May 2005».

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.

Specifically, given that the Alberta Courts (unlike Ontario and British Columbia) had not provided any specific guidelines for applications like this, preliminary issues such as appropriate notice; jurisdiction; confidentiality; and sufficiency of evidence needed to be addressed.

[8] As previously stated, the only issue at the preliminary inquiry was whether there was some evidence of identification.

(a) In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78 («Rakna Arakshaka»), the Singapore High Court held that where a tribunal had ruled on its own jurisdiction as a preliminary question, the party wishing to challenge the tribunal's jurisdiction had to bring that issue to the supervisory court within 30 days of receipt of notice of the tribunal's ruling, pursuant to Article 16 (3) of the UNCITRAL Model Law («Model Law «-RRB-, read with section 10 (3) of the International Arbitration Act («IAA «-RRB-.

The issues for the Supreme Court were (a) whether those three statutory instruments are (as the Court of Appeal found) lawful, or whether they are discriminatory under EU law or the ECHR; and (b) whether a preliminary reference should be made.

The Court of First Instance, Lisbon (Varas Civeis de Lisboa) referred the question for a preliminary ruling to the CJEU as a result of an action against the Portuguese State brought by the claimants since the Portuguese Supreme Court deemed the legal issue in question to be sufficiently clear and it decided that there was no need to refer the matter to the CJEU even though it was a court of last instance.

The Third Circuit reiterated the requirement that district courts engage in rigorous analysis of the elements of the claim in analyzing Rule 23 class certification issues, including conducting a preliminary inquiry into the merits as necessary to make the determination.

At a preliminary issues trial, Ms Justine Thornton QC (sitting as a QBD Judge) held that the DVLA owed no duty of care to the purchaser in this case.

Julian Wilson's appearances in conflicts of law cases include: Sanders v Trigor One Limited [2014] EWHC 1646 (Comm); [2014] All ER (D) 187, a case on whether a Gibraltar Fund Investment Prospectus contained a concluded English jurisdiction agreement under Council Regulation (EC) 44/2001, Art 23; Goldstone v Goldstone & Ors [2011] EWCA Civ 39 on the test for territorial jurisdiction where disputed ownership and control is a preliminary issue in ancillary relief proceedings; Duarte v Black & Decker Corporation [2008] All ER (Comm) 401 on the role of English public policy as the law of the forum in cases involving restrictive covenants; and Foote Cone & Belding v Theron [2006] EWHC 1585 (Ch) a worldwide freezing injunction case concerning the test for domicile and residence for the purposes of territorial jurisdiction.

For further comment on the efficacy, purpose and reason for retaining, in some form, the preliminary inquiry, see my previous post on the issue as part of a case commentary written in April of 2015, «Does the Stinert Decision Signal the End of the Preliminary Inquipreliminary inquiry, see my previous post on the issue as part of a case commentary written in April of 2015, «Does the Stinert Decision Signal the End of the Preliminary InquiPreliminary Inquiry?».

One would think that it would be in the general interest of the parties to address preliminary issues, such as disclosure, prior to a hearing.

Her recent notable decisions include Ismail v. Nitty's Food Services Limited, 2014 ONSC 4140, where she successfully opposed a plaintiff's motion to add further defendants to the action beyond the limitation period, and Chen and State Farm Mutual Automobile Insurance Company, FSCO A13 - 006689, where she successfully brought a preliminary issue hearing to dismiss an applicant's action as a result of his failure to attend insurer examinations.

The district court and the First Circuit both declined to issue a preliminary injunction, citing the timing concerns and the imminence of the event as a basis for being unable to fully perform a time - place - manner constitutional analysis and for not being able to grant an injunction that would ot leave the city sufficient time to draft replacement regulations.

The decision of Flaux J was given after a preliminary issue hearing on assumed facts as follows.

No good purpose would be served by seeking a preliminary ruling on the EC issues if it was clear that the house would be bound to hold, applying the relevant test, that any such restrictions as result of the ban were justified on grounds of public policy and were proportionate.

However the inmate's transfer occurred prior to the hearing of the appeal, raising as a preliminary matter the issue of mootness.

The instant hearing was concerned with preliminary issues as to (i) whether the action was statute barred and (ii) whether — on the assumption that the defendants were immune from suit in 1995 — they remained immune from suit in the light of the decision of the House of Lords in Hall v Simons.

A preliminary issue was ordered to be tried to determine whether or not the section of the channel adjacent to the claimant's property (the culvert) was a sewer and whether the second defendant, as sewerage undertaker, had statutory responsibility to maintain it.