Sentences with phrase «on application of»

In R (on the application of Kehoe) v Secretary of State for Work and Pensions [2004] UKHL 48, [2005] 4 All ER 905, Baroness Hale was in a minority in the House of Lords.

The question remained whether it was open to the court to reach that conclusion or whether it was bound by the decision of the House of Lords in R (on the application of Gentle) v Prime Minister [2008] 3 All ER 1 to hold that on the assumed facts a soldier who lost his life as the deceased had was at the relevant time outside the jurisdiction of the UK for the purposes of Art 1 of the Convention.

While Simon Chester may be leading the discussion on the application of Twitter for lawyers, there is no question that Twitter has proven its value for legal technology conferences.

Those legal issues largely turned on the application of OLA 1957, which sets out the core duties owed by occupiers to their lawful visitors.

The recent Supreme Court decision in R (on the application of Unison) v Lord Chancellor that makes employment tribunal fees unlawful raises important questions for affected claimants and employers, says Andrew Masters, a Partner and Head of Employment at UK law firm Furley Page.

R (on the application of Unison (no. 2)-RRB- v Lord Chancellor (Equality and Human Rights Commission intervening)[2014] EWHC 4198 (Admin), [2014] All ER (D) 178 (Dec)

Orders can be made against courts and the Court of Appeal set out guidance in R (on the Application of Davies) v Birmingham Deputy Coroner [2004] EWCA Civ 207, [2004] 3 All ER 543.

In this case, if the law applicable to the assigned claim is used as a basis to govern proprietary aspects of the assignment, Art. 14 Rome I can be based on the application of a single law.

In FPR 2010 the rules committee has restricted the common law open justice principle (see eg R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates» Court [2012] EWCA Civ 420, [2012] 3 All ER 551 per Lord Justice Toulson at [66]-RRB- in a way which is not expressly permitted by the 2003 Act.

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

• Acting for Leicester City Council in R (on the application of Jewish Human Rights watch) v Leicester City Council [2016] EWHC 1512 (Admin), a challenge to the adoption of motions by the defendant local authorities expressing support for the boycott of Israel (led by Andrew Sharland);

• Acting for the Claimant in (R on the application of Tirkey) v the Lord Chancellor & the Director of Legal Aid Casework (2017), a challenge to the operation of the statutory charge (led by Peter Oldham QC).

Finally, in 2014 LAWPRO introduced a sublimit of coverage for losses related to cybercrime, recognizing that prevention of these losses is more closely dependent on the appropriate use of information technology, and not on the application of legal skill.

162.3 (1) On the application of the Director, the Superior Court of Justice may order that a thing seized under section 160 or 161 or under a warrant issued under the Provincial Offences Act in connection with the commission or suspected commission of an offence under this Act be forfeited to the Crown.

This increased by 500 per week following the Supreme Court judgment in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 handed down on 26th July 2017 abolishing Tribunal Fees...

• Acting for the successful Claimant in R (on the application of the Palestine Solidarity Campaign) v Secretary of State for Communities and Local Government [2017] EWHC 1502 (Admin), a challenge to guidance from the defendant Secretary of State which sought to prohibit the administering authorities of the local government pension schemes from adopting policies of boycott, divestment and sanction against foreign nations (led by Nigel Giffin QC).

(2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a decision or order, other than,

The Indiana Court of Appeals upheld longstanding Indiana law on the application of set - off in the context of an uninsured / underinsured motorist policy endorsement.

Following the decision of the Court of Appeal in Howard League for Penal Reform & Anor, R (On the Application of) v The Lord Chancellor [2017] EWCA Civ 244, new regulations have come into force returning some prison law cases to the scope of legal aid.

Most recently, Zac acted for a claimant in a claim for judicial review which argued that guidance issued by the Secretary of State was contrary to the IORP Directive (R (on the application of the Palestine Solidarity Campaign) v Secretary of State for Communities and Local Government (led by Nigel Giffin QC).

R (on the application of P, G, W and Krol) v The Secretary of State for the Home Department & Ors [2017] EWCA Civ 321 (Court of Appeal)

The House of Lords in Begum, R (on the application of) v Denbigh High School [2006] UKHL 15, [2007] 1 Appeal Cases 100, dealt with Article 9 and Article 2 of Protocol 1 under the European Convention in the case of a schoolgirl who was prevented from a more extensive garb that had longer sleeves than the school uniform.

Not every investigation into a near - death suicide attempt in custody was required, in order to comply with art 2 of the European Convention on Human Rights, to amount to that set out in R (on the application of D) v Secretary of State for the Home Department [2006] 3 All ER 946 (a D type investigation).

The referring Court considers that the application of Article 4 of the Charter, according to Article 51 of the Charter, solely depends on the application of EU law by Member States» authorities, a condition that is fulfilled when they assess a visa application according to the Visa Code.

Francis Kendall, vice-chairman of the Association of Costs Lawyers, said: «It is disappointing that the court chose not to give any guidance on the application of the new proportionality test, but we understand that three conjoined cases are set to come before the court shortly that will hopefully be a vehicle for such guidance.

R (on the application of Harbige and another) v Secretary of State for Communities and Local Government [2012] All ER (D) 171 (Mar)

In R (on the application of Eisai Ltd) v National Institute for Health and Clinical Excellence EWCA Civ 438, [2008] All ER (D) 02 (May) one of the drug companies involved appealed on a narrow point involving procedural fairness.

(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

Delivering judgment in R (on the application of TG v London Borough of Lambeth and Shelter (Intervener)[2011] EWCA Civ 526 Lord Justice Wilson said the facts of the case «reveal a serious absence of co-ordination» between the housing and children's services departments, and that he had been persuaded that «such absence of co-ordination was positively unlawful».

In R (on the application of Greenwich Community Law Centre) v Greenwich Council [2011] EWHC 3463 (Admin), the law centre challenged the council's decision - making process and claimed it failed to have regard for the consequences, particularly on its existing vulnerable clients.

Campaign group High Speed 2 Action Alliance (HS2AA) successfully argued that the consultation and decision - making process on compensation lacked sufficient detail and was unfair for the 172,000 households affected by the first phase of the project, in R (on the application of Buckingham County Council & Ors v Secretary of State for Transport [2013] EWHC 481 (Admin).

The negligence of EU environmental policy in the Commission's 2004 Guidelines on Application of Article 81 (3) of the Treaty and the 2010 Guidelines on Horizontal Co-Operation Agreements is seriously worrying in that respect, particularly since EU environmental policy is based increasingly on market based instruments (e.g. emissions trading, tax instruments, voluntary environmental agreements) to achieve EU environmental goals.

Referring to the recent decision of Parker J in the Holmcroft Properties case (The Queen on the application of Holmcroft Properties Limited v KPMG LLP, (24th April 2015, unreported) his lordship held: «The fact that there may be public law remedies with which to challenge the way the FCA review has been implemented is not necessarily a bar to a private law duty of care being owed.»

A Freedom of Information tribunal decided in 2012 on the application of the Guardian newspaper that the Prince's handwritten letters (dubbed the «black spider memos») should be released because the public had a right to see how he had sought to influence government.

Sanctions cases M case In R (on the application of M & another) v Her Majesty's Treasury [2008] UKHL 26, [2008] All ER (D) 409 (Apr) the Appellate Committee of the House of Lords referred a question of the interpretation of EC Council Regulation 881 (2002)(the Regulation) to the ECJ for a preliminary ruling, pursuant to Art 234 of the EC Treaty (as amended).

SCC Secretary General Annette Magnusson will participate by presenting a report on the application of the New York Convention by Swedish Courts.

That was unlikely to be a limitation on the application of UCT 1999 which was of any practical importance because it was difficult to suppose that any implied term would be other than reasonable, or other than fair (either generally or as defined in reg 5 (1)-RRB-.

In Re Willis, Eileen Willis (Anne) applied to annul a bankruptcy order made against her on the application of her former husband, Leslie Willis.

R (on the application of T and another) v. Secretary of State for the Home Department and another, (Supreme Court), led by Caoilfhionn Gallagher, Conor was instructed by the Equality and Human Rights Commission, in this case concerning the disclosure of information pertaining to an individual's criminal record to potential employers and others.

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis [2008] EWHC 1042 (Court of Appeal), junior counsel in intervention on behalf of Liberty in judicial review of decision to retain information on national extremism database in reliance on Article 8, ECHR.

The Queen (on the Application of Newby Foods) v. Food Standards Agency (No. 7)[2014] EWHC 1340 (Admin) The Administrative Court considered an application made against the European Commission on the ground of breach of the principle of loyal cooperation.

R (On the application of Catt) v. Association of Chief Police Officers and Commissioner of Police for the Metropolis (Court of Appeal, Civil Division), (Led by Martin Westgate QC), intervention on behalf of Liberty: Judicial review of decision to retain information on national extremism database, in reliance on Article 8, ECHR.

Whether a claim will come back to haunt you in retirement depends on the application of limitation periods, which can be affected by issues like delayed discoverability and whether potential claimants have been under a disability during the intervening years.

R. (on the application of T) v Chief Constable of Greater Manchester [2015] A.C. 49 (Supreme Court): Junior counsel for the Equality and Human Rights Commission in the Supreme Court in case concerning disclosure of personal information by police.

Represented the successful party in Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd [2017] EWHC 2663 (Comm), a leading case on the application of section 423 of the Insolvency Act 1986 to transactions between foreign parties.

R (on the application of Maguire and others) v Assistant Coroner for West Yorkshire (Eastern Area)[2017] EWHC 2039 (Admin), [2017] All ER (D) 59 (Aug)

It has quite a style of cause: The Queen (on the application of Wheeler) v. Office of the Prime Minister, Secretary of State for Foreign and Commonwealth Affairs and Speaker of the House of Commons... [more]

An EU Regulation like 764/2008 «on the application of certain national technical rules to products lawfully marketed in another Member State» — ie the Cassis de Dijon principle brought into the New Legislative Framework, and a central plank of the Single Market I think — falls into this category, as its title shows.

The Court of Appeal dealt with this in R (on the application of Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749, [2008] All ER (D) 12 (Jul).

R (on the application of Crompton) v Police and Crime Commissioner for South Yorkshire [2017] EWHC 1349 (Admin), [2017] All ER (D) 43 (Jun)