Sentences with phrase «policy considerations which»

Lord Hoffmann, giving the leading speech, moved away from the policy considerations which weighed with the Court of Appeal and instead sought to apply established legal principles to resolve the issues.

The case law is clear these exceptions are based on social policy considerations which prioritize a victim's right to obtain compensation over a bankrupt's right to be free of debts following discharge.

Not exact matches

Policies which do allow for some consideration of race as one among many factors.

Taking all of these developments into consideration, the Bank judges that the risks to the outlook for inflation remain within the zone for which the current stance of monetary policy is appropriate.

His calls for consideration of the emerging cryptospace are in step with the broader G20 agenda, which is to develop «policy responses» for «the emergence of new technologies.»

It publishes four Statements on Monetary Policy each year, which contain a detailed analysis of the economy and financial markets, and an account of the considerations for the policy stance adopted by thePolicy each year, which contain a detailed analysis of the economy and financial markets, and an account of the considerations for the policy stance adopted by thepolicy stance adopted by the Bank.

The convention's House of Bishops approved the provisional policy 111 - 41 with three abstentions Monday, clearing it for consideration by the House of Deputies, which approved it Tuesday evening.

The most I have allowed myself by way of contemporary application is to comment at various points on which of our current attitudes and policies seem compatible with the biblical view under consideration, and which do not.

«It is an impossible situation for the last link in the milk production chain, which has received no consideration in policy to date.»

What I am saying is that there does not seem to be any policy consideration of what is the long - term benefit of having a functioning industry which provides fresh milk.

Given the urgency of finding some way to ensure a minimum of stability on which other social and political institutions can be founded, I suggest three brief considerations that ought to be borne in mind when policy responses are eventually formulated (at whichever level of governance).

As budget negotiations — which are conducted behind closed doors among the governor and three top legislative leaders, out of sight of even other lawmakers — unfolded over the past week, it became increasingly clear that the Legislature would punt policy issues such as gun control or bail reform to after the budget's April 1 deadline, in favor of financial considerations.

The UK is actively engaged with the European Commission's current activities to reform the Common Fisheries Policy, which will include consideration of the quota and fisheries access management systems.

«The speaker is going to be interested in gaining the support of the Council and may take that into consideration of her funding of member items,» said Rachael Fauss, a policy expert at Citizens Union, which authored the group's report.

The discussion will focus on key questions and policy considerations outlined in the forum's Milwaukee County Executive Election Brief, which can be accessed at the Forum's website.

Based on the literature reviews, observations in the schools and meetings with the departments at the Ministry of Education, the team presented several key policy considerations to the Ministry: (1) utilize a website, the National Play Day, and the Jamaican Teaching Council as platforms from which educators can develop and share best game - based learning practices; (2) promote a culture of collaboration through the Quality Education Circles (local discussion groups for educators), and by allocating time for teachers to develop and share game - based learning strategies; (3) provide resource support for schools in the form of workshops and training; and (4) create a monitoring and evaluation plan to be conducted at the school level.

It is up to policy - makers to take the scientific findings and advice into consideration and create a political and economic environment, within which these can be put to good use.

However, you should bear in mind that with such policies there are some stock related risks which you should take into consideration.

«One Religion is Enough» He predicted that shale oil and gas had opened up a «tantalising prospect» of an energy independent US, which would dominate energy policy in that country and would «dwarf» consideration of a carbon trading scheme.

While he's best known for his labor work, my interactions with Kheel mainly focused on his concern for the environment, which were centered, locally, around moving people from personal vehicles to public transportation and, at the global scale, building consideration for Earth's ecosystems and climate into economic and social policies.

Further, IMHO many of the things that make the science complex and uncertain are a consequence of the way in which the discipline has chosen to approach the science (without one suspects due consideration of the optimum way to address the key policy issues) *.

He predicted that shale oil and gas had opened up a «tantalising prospect» of an energy independent US, which would dominate energy policy in that country and would «dwarf» consideration of a carbon trading scheme.

The site could be improved if it included a reference to the IPCC discussion in Chapters 3 and 4 of Working Group III's recent report which, among other things, identifies ethical limitations of economic arguments about climate policies and only a limited number of considerations that should be considered in determining what equity means.

Each researcher answered the same 10 questions which sought to determine how equity, ethics, and justice considerations affected national policy formation on greenhouse gas emissions reductions targets and commitments and on funding adaptation, l, osses and damages in vulnerable developing countries.

The current policies were put in place after careful consideration and produce significant benefits — something we have seen consistently in states with strong commitments to renewable energy — which include providing sustainable sources of power, diversifying the energy supply, supporting innovation, and providing billions of dollars of in - state economic growth and thousands of jobs throughout the state.

First, climate change, which is supported by overwhelming scientific consensus and was described by Perlmutter as «possibly the biggest challenge in human history,» merits primary consideration over financial returns under the college's Investment Responsibility Policy, if Perlmutter stands by these words.

Perhaps we should take that into consideration as the policy makers ponder trillion dollar actions which may have no benefit (or very little benefit for the cost).

«Europe in Bloom» The living façade, dubbed «Europe in bloom,» was unveiled May 22 for World Biodiversity Day by the EEA, which works to coordinate European environmental monitoring efforts and integrate environmental considerations into EU and member countries» policies.

It's good news for Greenblatt that more of the policies previously under consideration are now codified, but it doesn't change the results of the study, which included those potential policies.

His lordship held, however, that the public policy considerations relating to adoption, and the authorities on the point — which were binding on the Court of Appeal — simply made it impossible for the court to set aside the adoption orders even if, as the parents argued, they had suffered a serious injustice.

In Hill, McLachlin CJC explained that «the final stage of Anns is concerned with «residual policy considerations» which «are not concerned with the relationship between the parties, but with the effect of recognizing a duty of care on other legal obligations, the legal system and society more generally».»

At its best, this is a very thorough examination of competing policy considerations, e.g. the majority and dissent Supreme Court judgements in Harvard Mouse, the interpretation of which had only the most tenuous connection to legal issue in play (is a genetically modified organism a «composition of matter» under the Patent Act?).

There are some who consider that the policy in favour of alterative dispute resolution has swung too far in the direction of creating mandatory mediation in which post hoc considerations of objective reasonableness will be taken into account in costs awards.

With assurances that her election platform and policies will be taken into consideration, she states that her decision was made «to preserve this institution, which is more important than the people who run it.»

According to the survey — which set aside compensation or bonuses — top considerations for legal professionals were challenging work or variety of assignments, flexible work arrangements, professional development opportunities and vacation or time - off policy.

This Article urges courts to reconcile Kimbrough and Gall by adding an analytical step to the sentencing process through which courts can explicitly apply policy considerations separately from, and prior to, individualized considerations.

The Second Circuit's opinion is also heavily influenced by statutory interpretation provided by, and policy considerations raised by, the SEC in its amicus brief, which the court of appeals solicited.

Also, consideration of a school's psonsoring of extracurricular activities would also fall under the legit government interest (in this case, an example is a public school's interest of encouraging tolerance and promoting leadership skills by funding student groups which only adhere to a policy by which everybody is welcome to join [see Christian Legal Society Chapter v. Martinez).

The district council was entitled to take into account the countervailing considerations, which included the impact of a sudden hike in residential property taxes on long - term, fixed - income residents, and a municipal policy of gradually working toward greater equalization of tax rates.

The SCC has just published its Policy on Appointment of Arbitrators, which lists the factors taken into consideration when the SCC Board appoints arbitrators in SCC arbitrations.

He observed that the premise underlying Lord Millett's speech was that the company has and can pursue its own cause of action (at [74] and [77]-RRB- and went on to hold -LRB-[at [79]-RRB- that the policy consideration to which Lord Millett had referred as underlying the no reflective loss principle was the need to avoid a situation in which the wrongdoer can not safely compromise the company's claim without fear that he may be met with a further claim by the shareholder in respect of the company's loss.

But where the company has not settled its claim, but has been forced to abandon it by reason of impecuniosity attributable to the wrong which has been done to it, those policy considerations were not engaged.

In denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owner.

The Global Legal Group called for our contribution to the 2015 edition of the reputed Global Legal Insights — Mergers & Acquisitions publication, which contains 27 country chapters drafted by leading practitioners from around the world and is designed to provide general counsel, investment bankers, government agencies and private practice lawyers with a comprehensive insight into the realities of M&A — practical issues, policy issues, strategic issues — by jurisdiction, highlighting market trends and legal developments as well as practical and strategic considerations.

He also relied on the equitable consideration that the government had changed its policy virtually on the eve of the hearing, which meant that Ms. Josef was deprived of a decision on the merits of the case, and effectively threw all of her costs away.

The policy objectives of the Act are more nuanced, and seek to strike a balance between various market participants, which includes (i) consideration of the interests of defendants and (ii) protection of subsequent shareholders from claims based on alleged misrepresentations made to previous shareholders.

The duty of care was not defeated under the second branch of the Anns test, which deals with public policy considerations that would weigh against a duty of care, because it was in the public interest that professional accountants who undertake to create wills do so with care not only for the best interests of their clients but also for the intended beneficiaries under those wills.

The basis on which such policy decisions can be challenged are narrow, involving questions of whether the Minister's decision is based on relevant considerations, if the Minister reasonably exercised or fettered their discretion, or if they had an open mind.

The costs associated with this final rule involve, for each provision, consideration of both the degree to which covered entities must modify their existing records management systems and privacy policies under the final rule, and the extent to which there is a change in behavior by both patients and the covered entities as a result of the final rule.

After setting out the jurisdiction to make such an order and the enumerated factors that are to be considered, the court went on to consider some recent policy considerations and in particular the 2014 Supreme Court of Canada decision of Hryniak v. Mauldin in which the SCC stated that the conventional trial no longer reflects the modern reality and needs to be readjusted.