Rachel was heavily involved (as Junior Counsel) in preparations for
the Preliminary Issues trial (proceeding in LMAA arbitration).
At
a preliminary issues trial, Ms Justine Thornton QC (sitting as a QBD Judge) held that the DVLA owed no duty of care to the purchaser in this case.
Not exact matches
«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
trial.
U.S. District Judge Mariana Pfaelzer in December
issued a
preliminary injunction prohibiting enforcement of most provisions of Prop 187 until a
trial determines its legality.
Lung Cancer Breakthrough A study published in the September, 1998
issue of Nature Medicine concerned a
preliminary trial using gene therapy to treat lung cancer.
The couple sued for wrongful dismissal, and before a
trial could be held, they brought a
preliminary motion, asking the court to reinstate them to their jobs and to force Quadrus and London Life to
issue a notice to the industry and their clients, stating that they hadn't done anything wrong.
Led by Mark Templeman Q.C. in
trial of
preliminary issues in the Commercial Court relating to the reinsurance in the Lloyd's market of certain Venezuelan risks involving
issues of waiver and Venezuelan law.
Likewise, it could be argued, judges should determine costs at the end of the
preliminary -
issue trial without regard to global offers.
But an Ontario court recently disagreed with Barr, dismissing his claim at a
preliminary motion, as there was no genuine
issue for
trial.
But at the assessment of damages, on the
trial of a
preliminary issue, it was held at fi rst instance that all of the claimed losses were refl ective (see [2001] 2 BCLC 582).
«For the avoidance of doubt the
Preliminary Issue is intended to decide whether the Defendant's revised estimate of 6 May 2005 was intended to cover a) only a four day
trial b) any interlocutory applications that might be made by either side c) the number of expert witnesses d) the extent of the preparation necessitated by the above.»
Limited
preliminary inquiry (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a
preliminary inquiry to specific
issues, the justice, without recording evidence on any other
issues, may order the accused to stand
trial in the court having criminal jurisdiction.
Furthermore,
preliminary inquiries can save a lot of time down the road by narrowing
issues, shortening
trials and sometimes even eliminating the need for
trials.
Re McCarthy Surfacing Ltd [2008] EWHC 2279 (Ch)
Trial of an unfair prejudice petition brought on grounds of failure to give proper consideration to the payment of dividends and self dealing by directors [2006] EWHC Civ 181
Preliminary issue on the question of standing to present a petition under s459 of the Companies Act 1985
Jackson v Dear & Anr [2012] EWHC 2060 (Ch) and [2014] 1 BCLC 186 (CA)
Trial of
preliminary issues as to the construction of a commercial agreement and its effect on the constitution of a Guernsey company operating a closed - ended investment fund.
Trial of a «no loss»
preliminary issue where the defendant argued that a grant payable for scrapping a fishing vessel under a decommissioning scheme before any damage repairs had been carried out wiped out any damages for diminution in value due to the collision damage.
Belhaj and Boudchar v Rt Hon Jack Straw MP and ors [2013] EWHC 4111 (QB)
Trial of
preliminary issue as to whether claims against HMG and individual claimants (including former Foreign Secretary) in relation to alleged rendition to Libya were barred by principles of sovereign immunity or foreign act of state.
In the context of the
trial of
preliminary issues, however, his Lordship would say nothing about whether the claimant would in fact be able to recover such damages from the Secretary of State.
The Lands Tribunal ordered the
trial of a
preliminary issue, namely whether, if the claimant had suffered loss through the diminution in value of its leasehold interest in the premises due to the carrying out of the works, it was entitled to compensation under s 10.
The court ordered the
trial of
preliminary issues.
Hearings and Motions are pre-
trial procedures with the judge where
preliminary issues are ruled upon and the process and schedule for
trial is set out.
A
preliminary appointment at which the District Judge consider the
issues before the Court and fixes the timetable for the
trial