Sentences with phrase «of subsequent judgments»

Reference is made particularly to the judgment of the Constitutional Court no. 138/10 in the first two applicants» case, the findings of which were reiterated in a series of subsequent judgments in the following years (see some examples at paragraph 45 above).

Not exact matches

If our listeners insist on attributing to us those qualities they glimpse in the first few seconds of our talks, despite subsequent evidence to the contrary, let us employ all means at our disposal to take advantage of their leap to judgment.

This includes disagreements over judgment calls made by lenders or their agents; changes in circumstances occurring after the underwriting process has been completed; small mistakes that bear little relation to either the credit risk or the subsequent default; and inconsistent interpretations of the rules.

My concern at this juncture is with the biblical witness itself, as crucial springboard for — and basis for judgment of — subsequent developments in the church's theologizing.

The reference to the furnace of fire and to men weeping and gnashing their teeth, which reappears in several of the subsequent parables of judgment, is straight out of Jewish eschatology.

And consonant with the immutable position of Yahwistic prophetism, whose primary proposition is always the effective impingement of divine life upon history, the meaning of Solomon's reign and of events subsequent to it is discerned in the scheme of sin and judgment: like Babel, apostasy results in the rupture of human community.

In his subsequent maturing he revised that judgment.40 I am suggesting that the so - called conversion experiences of Wesley and Luther and many others are really transition experiences.

McGovern's failure to properly vet Eagleton and his subsequent handling of the controversy gave occasion for the Republican campaign to raise serious questions about his judgment.

You know the media fireworks that went round in Akwa Ibom State as at the time of the tribunal and the subsequent judgment at the appeal court was way too confusing to most people.

This error of judgment is seen all over, from the damming of rivers (and subsequent loss of fish species) to the misguided attempts of the BLM in trying to control horse and wolf populations while ignoring natural selection).

Our approach, then, attributes the effect of the SFJ in subsequent years to the party in power when the judgment is made, even if there is a subsequent change in partisan control.

-- For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation.

Indeed, even while a consumer is enrolled in a debt relief program, creditors and debt collectors may continue to make collection calls pending resolution of the consumer's debts and may proceed with lawsuits and subsequent enforcement of any judgments, such as through garnishment of wages.

The subsequent rejection of Duchamp's Fountain by the exhibition's organizers ignited a controversy that continues today about the definition of art and who gets to pass judgment.

But what will be hard will be the harsh judgment of history on the President and Secretary of State that allows this pipeline - and the subsequent tipping points of climate change - to come to pass.

During decision making, anchoring occurs when individuals use an initial piece of information to make subsequent judgments.

There were many different representations of uncertainty (e.g., a range in models versus an expert judgment) in the TAR, and the consensus RF bar chart did not generate a total RF or uncertainties for use in the subsequent IPCC Synthesis Report (IPCC, 2001b)(Chapters 2 and 7; Section 9.2).

Labour's strategy has been to seek to get the court to give a subsequent judgment that allows consideration of national security issues to be balanced against the rights of the individual.

The decision to refuse those requests was the subject of judicial review and subsequent appeals culminating in a judgment from the House of Lords.

In addition, although the Gunn Court noted that state court interpretations of the Patent Act would not be binding on federal courts, [10] final state court judgments determining patent issues, such as validity, infringement, or claim construction, may well be binding on a patentee in subsequent litigation involving the same or related patents.

Applying the Restatement (Second) of Judgments § 27, the Court noted that «subject to certain well - known exceptions, the general rule is that when an issue of fact or law is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the parties, whether on the same or a different claim.»

After reviewing the key paragraphs of the Court of Appeal's judgment in Mitchell and a number of subsequent authorities as well as outlining the principal criticisms which had been leveled against that case, the Court of Appeal went on to set out the new guidance.

In view of the fact that the judgment in the said case was not appealed to the Court of Justice, the GC followed this reasoning also in the case T - 186 / 11 Schönberger v Parliament, however, this time, the applicant's petition was declared admissible by the Petitions Committee, but, as Mr. Schönberger alleged, not properly handled in the subsequent steps.

In its judgment, the GC had concluded that the subsequent de facto application of the Association Agreement and the Liberalisation Agreement to the territory of Western Sahara had to be interpreted as subsequent practice in the sense of Article 31 (3)(b) VCLT, justifying the interpretation of the territorial scope of the Agreements as including Western Sahara.

While this is very true of course, I am a bit puzzled by the subsequent paragraphs of the judgment relating to the role of NCA's and the assistance they can give to undertakings in providing legal certainty.

Questioned by SBA about the information in the 2010/2011 edition of JUVE, he acknowledged in a letter in May 2016 that his firm had represented Volkswagen Bank in the competition dispute until a judgment of the Munich Court of Appeal in 2010, with a separate lawyer representing it in subsequent proceedings before the Federal Supreme Court in Germany.

Subsequent Reasons to the original trial judgment addressed the issue of whether or not the banked sick time was recoverable as a gross amount or net amount.

[9] Subsequent to the reporting of this judgment, this author is not aware of any reported attempts to enforce the award elsewhere.

It is interesting to note the last part of the judgment, where the Court addresses the requirements to be complied with during the subsequent proceedings and refers to the Charter of Fundamental Rights of the EU.

On the basis of the judgment of Lord Justice Megaw in Maredelanto Cia Naviera SA v Bergbau - Handel GmbH (The Mihalis Angelos)[1971] 1 QB 164, [1970] 3 All ER 125, it argued that the only exception to this rule was where subsequent events were, at the date of crystallisation, inevitable or predestined.

Judge Snowdon's subsequent judgment clarifies that, even where there is a finding of wrongful trading, it is possible that administrators» and liquidators» costs will not be recovered.

868, 874 - 78 (N.D.N.Y. 1995)(granting summary judgment in favour of employer on employee defamation claim stemming from employer's investigation and subsequent reporting of employee's illegal conduct, and finding that the investigation was conducted in a «thorough and responsible manner» because it was initiated immediately following reports of wrongdoing, included interviews with all relevant parties and an extensive review of books and records, and was undertaken by a team including both inside and outside counsel).

On the subsequent appeal, the Court of Appeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief issues.

Similarly, Cecil et al. found that defendants moving for summary judgment were awarded summary judgment in full 64 % of the time, whereas plaintiffs moving for summary judgment were awarded summary judgment in full only 39 % of the time.90 In a subsequent study of all federal district court summary judgment activity in 2006, Cecil and Cort found that moving parties succeeded more often (57 %) than non-moving parties (43 %), as was the case for moving parties in federal court in our sample (73 % to 27 %).91 Although success rates in our sample were higher than success rates in the Cecil study and the Cecil and Cort study, a higher success rate is expected given that we excluded motions seeking partial summary judgment from our sample.

Where criminal proceedings follow civil proceedings, ordinarily findings of a civil court on the matters in issue in the criminal case will not be admissible in those subsequent criminal proceedings, although in some circumstances civil judgments may be admissible pursuant to the rules concerning evidence of bad character.

The precautionary principle has received considerably more local attention since the principle was mentioned (albeit in a non-binding part of the decision) in the Supreme Court of Canada's 2001 judgment in Spraytech v. Hudson and in the subsequent Ontario Court of Appeal decisions in R. v. City of Kingston and in Crop Life v. Toronto.

Notwithstanding a judgment of non-return pursuant to Article 13 of the 1980 Hague Convention, any subsequent judgment which requires the return of the child issued by a court having jurisdiction under this Regulation shall be enforceable in accordance with Section 4 of Chapter III below in order to secure the return of the child.

A refusal does not prevent a subsequent application for recognition or enforcement of the judgment.

LeNoury now faced the unenviable task of trying to overturn two subsequent lower judgments written by two respected workhorses: Justice James O'Reilly of the Federal Court of Canada and Justice David Stratas of the Federal Court of Appeal.

The judgment deals with this argument by citing the decisions in Zaiwalla & Co v Walia [2002] IRLR 697, [2002] All ER (D) 103 (Aug) and Governing Body of St Andrew's Primary School v Blundell [2010] UKEAT / 330/09, [2010] All ER (D) 68 (Oct), in each of which aggravated damages reflected the abusive way in which the employer had defended the subsequent legal proceedings; from this it was extrapolated that there can be consideration of post-termination conduct generally, provided that it is causally linked to the original discrimination.

While Stanley Burnton J did — but «not without considerable hesitation» — accept as lawful the additional reasons, in the course of his judgment he extracted the following useful propositions from R v Westminster City Council, ex p Ermakov [1996] 2 All ER 302 and other authorities: - Where there is a statutory duty to give reasons as part of the notification of the decision, so that (per Mr Justice Laws in R v Northamptonshire County Council, ex p D [1998] ED CR 14) «the adequacy of the reasons is itself made a condition of the legality of the decision», only in exceptional circumstances, if at all, will the court accept subsequent evidence of the reasons.

Mr. Pratap learned senior counsel submitted that even if earlier Court has erroneously assumed jurisdiction by applying Part - I, in another proceeding based on different cause of action, same Court can decline to exercise jurisdiction based on subsequent judgments of Supreme Court and this Court.

Even if this Court has erroneously assumed jurisdiction under a statute, it does not mean the Court can not decline jurisdiction in another set of proceedings between the same parties if there are several subsequent judgments of this Court and Division Bench of this Court clarifying the legal position in regard to the jurisdiction of Court under the statute.