Sentences with phrase «only issue before this court»

That's the only issue before this Court.

The only issue before the Court of Appeal was whether the CFAs, standing alone, provided a sufficient basis on which to rest a valid claim to recover from the paying party a share of the costs incurred by Burroughs Day on behalf of a large group of clients.

Not exact matches

The emails Cuomo sent yesterday give a very early clue to an argument he would likely make if he indeed decides to take a step onto the national stage: Under my leadership, New York led the nation on touchstone progressive issues, not only becoming the largest state in the country (before the US Supreme Court Prop. 8 decision) to legalize gay marriage, but also the first to act on gun control in the wake of the horrific Newtown massacre.

«He however, will like to put it on record that the facts of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some preliminary issues in the process of commencing the tCourt since the apex court was only invited to rule on some preliminary issues in the process of commencing the tcourt was only invited to rule on some preliminary issues in the process of commencing the trial.

Because Affinia admitted that Mr. Kotecha was dismissed without cause, the only issues before the motions court were the appropriate notice period and quantum of damages.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaimCourt of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaimcourt noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

The family court determined that, because the parties had agreed only the issues of divorce and child support were before the family court, it did not have jurisdiction over the issue of attorney's fees.

Many cases are settled before proceedings are issued; the CPR encourages solicitors to deal with cases by negotiation, and Court proceedings are only used if the Defendant will not put forward a reasonable offer, or the appropriate limitation period is about to expire.

The responsibility of the Court is not only to determine the issues in the instant case before it but do so in a way that provides some guidance as to how other courts might determine similar cases that are not necessarily based on the same facts but that at least give rise to the same or similar issues.

Although the transfer pricing provisions were enacted in 1997, there has only been one case before the courts where transfer pricing penalties were specifically at issue (Marzen Artistic Aluminum Ltd. v Canada, 2016 FCA 34; aff» g. 2014 TCC 194).

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

Before this court, the local authority's understanding of their own case and the principles to be applied where significant harm has been suffered by a child and where the mechanism for that and / or its alleged perpetration is one of the facts in issue in the proceedings, can only be described as worrying.»

Yesterday's swearing - in ceremony was one huge step toward permanent togetherness, where I can only hope the Court confers long and hard before ruling on the important issues coming before them this term.

Be that as it may, and in the rather theoretical event of a supreme court not bound to go before the ECJ under 267 TFEU — whatever the reason — and choosing to ask the ECtHR for an advisory opinion, it is clear that the subject matter of a valid request could only be an issue relating to the Convention and not to EU law, as the ECtHR has no competence to interpret EU law.

However, even when uncontested divorce isn't an option, before concluding that a fully contested divorce is the only alternative, a couple might consider whether they can settle certain issues out of court or submit some issues to arbitration.

Only a handful of courts edit their judgments to address deficiencies in citations before issuing them to the public.

In a number of cases, the Court held that individuals could only invoke such provisions which gave them rights before courts if the agreement at issue could as such be seen as capable of having direct effect and if the provision at issue was sufficiently precise and unconditional.

Appellate counsel, cognizant that the New York Court of Appeals rejects numerous cases that were wrongly decided — only accepting those raising important, novel issues — recognizes that practicing before the Court requires a fundamentally different strategy than that used in the intermediate appellate cCourt of Appeals rejects numerous cases that were wrongly decided — only accepting those raising important, novel issues — recognizes that practicing before the Court requires a fundamentally different strategy than that used in the intermediate appellate cCourt requires a fundamentally different strategy than that used in the intermediate appellate courtcourt.

Most of the lower court decisions addressing the PJI issue had concluded that the law was intended to have prospective application only, and that accidents occurring before January 1, 2015 would still enjoy the PJI rate of 5 %.

Only these six activities may be performed by qualified lawyers: the exercise of rights of audience (appearing as an advocate before a court); the conduct of litigation (issuing proceedings before a court and commencing, prosecuting, or defending those proceedings); reserved instrument activities (notably the conveyancing of real property); probate activities; notarial activities, and the administration of oaths.

By the time the issue came before the court, the only issue was one of costs.

Next, in terms of the institution of the court, currently including 21 judges and 8 supernumerary judges, Justice Morrissette noted the immense advantage of being able to solicit electronic comments on draft judgments as opposed to have a «paper river» betwen Montréal and Québec City where the Court sits (note: all appeal judges are solicited for comments before the final judgment is issued; not only the chosen panel of 3 or 5 judcourt, currently including 21 judges and 8 supernumerary judges, Justice Morrissette noted the immense advantage of being able to solicit electronic comments on draft judgments as opposed to have a «paper river» betwen Montréal and Québec City where the Court sits (note: all appeal judges are solicited for comments before the final judgment is issued; not only the chosen panel of 3 or 5 judCourt sits (note: all appeal judges are solicited for comments before the final judgment is issued; not only the chosen panel of 3 or 5 judges).

In criminal cases, decisions issued by the court of first instance are generally challengeable before the Court of Appeals, while decisions issued by the Court of Appeals may be challenged before the Court of Cassation only if certain specific conditions ocourt of first instance are generally challengeable before the Court of Appeals, while decisions issued by the Court of Appeals may be challenged before the Court of Cassation only if certain specific conditions oCourt of Appeals, while decisions issued by the Court of Appeals may be challenged before the Court of Cassation only if certain specific conditions oCourt of Appeals may be challenged before the Court of Cassation only if certain specific conditions oCourt of Cassation only if certain specific conditions occur.

When bringing a Massachusetts personal injury lawsuit before a court with a strict liability claim, the only issue looked at is the amount of damages being sought.

The only issue outstanding before the Supreme Court was whether Pfizer's patent covering Viagra would finally be declared invalid or not, but the patent has subsequently been declared invalid by the Federal Court of Canada and so I think it's still an absolute victory by Teva.»

Although I do not think it necessary to decide today issues that are not even remotely before us, it does seem to me that a court could find simple analytically sound distinctions between certain private, consensual sexual conduct, on the one hand, and adultery and incest (the only two vaguely specific «sexual crimes» to which the majority points, ante at 196), on the other.

The taxpayers argued that it was appropriate to deal with these issues before the hearing, whereas the Crown argued that these issues could not be determined on a Rule 58 motion because, in this case, the facts arose from a plea bargain rather than a determination by a court, the agreed facts did not address the GST liability of the corporation or the other individual's income tax liability, and the facts (and tax liability) of a criminal proceeding would only prohibit the parties from alleging a lower tax liability in a civil proceeding.

The only exception to this is if the county that issued your ticket requires the use of timers, which means you have to take a certain amount of time to complete the course before it will pass in court.

In PA, court - ordered mediation relates to mandatory custody mediation ONLY, which all spouses in litigation must submit to as a final step to see if their custody issues can be resolved before their case gets listed before the divorce judge for initial listing and trial.

Since 2011, the issue of sold data has been litigated before the courts, with TREB taking the position that the information in question should only be shared with clients by REALTORS ®.