This is a complex area and very much depends on
the particular circumstances of each individual case.
If a general challenge had failed, a consumer could not be precluded from asserting unfairness relying on
the particular circumstances of the individual case.
Not exact matches
One can make the
case for any one
of these theories, depending on the
individual or the
particular set
of circumstances.
Determining whether coed youth sports are appropriate in
cases where the children are 9 - years - old and older must be decided on an
individual basis, depending on the
circumstances involved in that
particular situation with the final determination being the parent
of the child in question.
Although medical malpractice
cases are
of particular interest to Olivia, it is personally important to her that all victims
of negligence get the information they need to fully understand their
circumstances and be protected from being taken advantage
of or manipulated by negligent
individuals, companies, and the insurance companies that represent them.
The test
of materiality is whether in the
circumstances of the
particular case, a reasonable person in the client's position would be likely to attach significance to the risk, or the professional is or should be aware that the
particular individual would be likely to attach significance to it.
Even if an employer has standardized procedures for evaluating requests and implementing accommodation, it ought not have standardized solutions: employers must consider the
individual circumstances of the employee requesting accommodation and work with that employee to determine an accommodation that's appropriate in the
particular case.
For the reasons given by Lady Justice Arden in Garbutt v Edwards at [50], the two
cases did not themselves provide very much detailed guidance about how one should react on the facts
of a
particular case because it was felt by the Court
of Appeal that it was impossible to foresee all the differing
circumstances that might arise in any
individual assessment.
However, it has provided some guidance to claimants by way
of individual letters which require
particular information depending on the
circumstances of the
case.