Anne - Marie Winton comments in Professional Pensions on the Ombudsman ruling in the Kingfisher Pension Scheme case that could set a major
precedent for future cases.
Morgan has directed Ofsted to draw up a legal cases for all 18 unregistered schools it has discovered, setting
a precedent for future cases, in bid for tighter regulation.
Sexton said: «Certainly when cases are decided like this, they may set
a precedent for future cases.
Not exact matches
Given how much money is at stake, this
case is likely to set a
precedent for startups looking to exit in the
future.
Should the unions lose, the immediate impact in terms of union income is relatively small — however the
precedent set by a ruling in favor of the teachers has broad implications
for future cases involving efforts to give every child the chance at an excellent education.
Olson has previously called the lawsuit «the biggest
case on the planet», giving voice to the youngest members of society that can not yet vote but who will no doubt inherit our mess, and hopes it will set a
precedent for future federal climate lawsuits.
Even though under exceptional circumstances it may be argued that legal requirements such as the publication in the Official Journal do not have to be met in a specific
case, this method of adopting measures should at least have been criticized in order not to create a
precedent for future «measures» taken by press release.
If, however, the court finds that the current dispute is fundamentally distinct from all previous
cases (called a «matter of first impression»), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision).5 The court states an opinion that gives reasons
for the decision, and those reasons agglomerate with past decisions as
precedent to bind
future judges and litigants.
A
precedent is the report of an earlier political decision; the very fact of that decision, as a piece of political history, provides some reason
for deciding other
cases in a similar way in the
future.»).
This
case is also worth a quick read
for anyone advancing a claim
for loss of earning capacity (
future wage loss) as the court does a good job summarizing some of the leading legal
precedents in this area at paragraphs 151 - 155 of the judgment.
This legislation is then interpreted and applied through the judiciary during trials; these rulings will then be applied in
future cases under the doctrine of stare decisis, another name
for legal
precedent.
The court relied heavily on the doctrine of stare decises to support its conclusion stating that «common - law decisions should stand as
precedents for guidance in
cases arising in the
future» and «generally be followed in subsequent
cases presenting the same legal problem.»
«In addition to the victory in this
case, the judge's ruling will serve as a very important
precedent for us to use against any
future infringement of our red - over-white-over-blue bar design,» says Re / Max senior vice-president and chief legal officer Geoff Lewis.