Sentences with phrase «provisions considered in the case»

The types of information include the court whose decision the Supreme Court reviewed, the parties to the suit, the legal provisions considered in the case, and the votes of the justices.

Not exact matches

In 2007 the Committee used the same justification to attack Honduras» restrictive abortion laws, recommending «that the State party consider reviewing the law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee's general recommendation 24...&raquIn 2007 the Committee used the same justification to attack Honduras» restrictive abortion laws, recommending «that the State party consider reviewing the law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee's general recommendation 24...&raquin cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee's general recommendation 24...&raquin line with the Committee's general recommendation 24...»

«The ACCC will continue to take enforcement action if it considers that companies have engaged in unconscionable conduct, particularly in cases involving vulnerable consumers and where there have been other breaches of consumer protection provisions of the ACL.»

But this provision has loop hole as in case of Russia because of the «consecutive» word - where Dmitry Medvedev was considered mostly to be a dummy president was replaced by President Putin the next election.

In the case of each school the Forum of Patronage and Pluralism reports (see attached) recommended that «Taking account of likely long - term requirements, accommodation options for a full stream of provision should be considered.»

However, the Associations are reminded that, when reviewing carrier compliance with these provisions, as in all compliance matters, the Enforcement Office has considerable discretion and will consider the facts of each potential enforcement matter on a case - by - case basis before taking any action.

«(a) CONSIDERATION OF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioIN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigaCASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioin subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioin all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigacases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioin the litigation.

Lawmakers are considering changes to the state's breeding licensure provisions, as well as state law regarding who pays for the care of animals seized in abuse and cruelty cases while courts consider charges.

Consequently, Parties may terminate and suspend the agreement for any material breach, something the Court considers to be the case if a provision in Chapter 13 is breached.

In considering the offence and the statutory provision set out in the charge, you train your mind on the elements in the case that the crown has to prove from the outseIn considering the offence and the statutory provision set out in the charge, you train your mind on the elements in the case that the crown has to prove from the outsein the charge, you train your mind on the elements in the case that the crown has to prove from the outsein the case that the crown has to prove from the outset.

I have not found a case that has considered this question in the context of allegations of sexual assault; in fact, there appears to be little case law regarding the enforceability of confidentiality provisions in agreements to settle civil disputes where the underlying facts could also support a criminal prosecution.

One case that appeared to provide some guidance (although it involved the enforceability of an indemnity provision, not a confidentiality provision) considered a separation agreement in which a wife agreed to indemnify her husband for 50 per cent of any payment he might be required to make in the future in respect of retail sales tax liability that he had failed to declare.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

53 According to the case - law of the Court, in order to determine whether an agreement between undertakings or a decision by an association of undertakings reveals a sufficient degree of harm to competition that it may be considered a restriction of competition «by object» within the meaning of Article 81 (1) EC, regard must be had to the content of its provisions, its objectives and the economic and legal context of which it forms a part.

``... I do not consider that the evidence justified treating [WB's] help as a reliable source of ongoing support, such as to require me to take it into account in deciding future financial provision... the father in this case has legal obligations towards his son... and therefore a duty to support the mother during C's childhood and dependency.»

In a relatively rare consideration of the impact of Art 8 upon financial provision, Peter Hughes QC sitting as a deputy High Court judge in M v M [2006] All ER (D) 58 (Jun) considered the impact of an application for disclosure from a third party and set out some useful guidance on the basis that Art 8 reinforced the principle that an order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the casIn a relatively rare consideration of the impact of Art 8 upon financial provision, Peter Hughes QC sitting as a deputy High Court judge in M v M [2006] All ER (D) 58 (Jun) considered the impact of an application for disclosure from a third party and set out some useful guidance on the basis that Art 8 reinforced the principle that an order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the casin M v M [2006] All ER (D) 58 (Jun) considered the impact of an application for disclosure from a third party and set out some useful guidance on the basis that Art 8 reinforced the principle that an order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the casin the case.

This provision or its predecessors had been considered a number of times in the Privy Council in appeals from New Zealand, going back at least to the two Europa cases in 1971 and 1976, Mangin v Commissioner of Inland Revenue in 1971, Challenge Corp Ltd v Commissioner of Inland Revenue in 1986, Commissioner of Inland Revenue v Mitsubishi Motors New Zealand Ltd, Commissioner of Inland Revenue v Auckland Harbour Board and Miller v Commissioner of Inland Revenue in 2001 and Peterson v Commissioner of Inland Revenue in 2006.

In this case, the EAT considered whether there had been a service provision change where the provision of adult care packages for a local authority was fragmented and allocated to multiple providers.

Two ironies emerge from UL: first, that the statutory provision which codifies the jurisdiction the court is dealing with — Mareva injunctions — is not mentioned at all (namely Civil Procedure Act 1997 (CPA 1997) s 7); and second that the Matrimonial Causes Act 1973, s 37 (2)(also considered) specifically does create a fresh injunction jurisdiction (a point understood by Mr Justice Anthony Lincoln in Shipman v Shipman [1991] 1 FLR 250, [1938] 4 All ER 732 but a case which Mostyn J erroneously seeks to side - line).

In the latter case, subject to any enabling statutory provision, the reviewing court will not consider the merits of the internal decision, but will determine only whether the decision was carried out in accordance with the organization's rules and the requirements of natural justice: see Ukrainian Greek Orthodox of Canada v. Ukrainian Greek Orthodox Cathedral of St. Mary the Protectress, [1940] S.C.R. 586; Lakeside Colony of Hutterian Brothren v. Hofer, [1992] 3 S.C.R. 165; Mott - Trille v. Steed (1996), 27 O.R. (3d) 486 (S.C.In the latter case, subject to any enabling statutory provision, the reviewing court will not consider the merits of the internal decision, but will determine only whether the decision was carried out in accordance with the organization's rules and the requirements of natural justice: see Ukrainian Greek Orthodox of Canada v. Ukrainian Greek Orthodox Cathedral of St. Mary the Protectress, [1940] S.C.R. 586; Lakeside Colony of Hutterian Brothren v. Hofer, [1992] 3 S.C.R. 165; Mott - Trille v. Steed (1996), 27 O.R. (3d) 486 (S.C.in accordance with the organization's rules and the requirements of natural justice: see Ukrainian Greek Orthodox of Canada v. Ukrainian Greek Orthodox Cathedral of St. Mary the Protectress, [1940] S.C.R. 586; Lakeside Colony of Hutterian Brothren v. Hofer, [1992] 3 S.C.R. 165; Mott - Trille v. Steed (1996), 27 O.R. (3d) 486 (S.C.).

It is true, that the courts of justice of the United States are vested, by express statute provision, with power to fine and imprison for contempts; but it does not follow, from this circumstance, that they would not have exercised that power without the aid of the statute, or not, in cases, if such should occur, to which such statute provision may not extend; on the contrary, it is a legislative assertion of this right, as incidental to a grant of judicial power, and can only be considered either as an instance of abundant caution, or a legislative declaration, that the power

We are hoping to collect as many examples as possible of the importance of legal aid: examples could include cases which have been considered in the higher courts such as the housing examples above or just case studies that show how important the provision of good quality free legal advice is.

As the High Court said in this case, the LSC «has to consider, in the light of that assessment, what provision should be made and whether it should be funded».

At the time with which the L case was concerned the provisions about enhanced CRB certificates were set out in PA 1997, s 115, and so this is the provision considered in the judgment of the Supreme Court.

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

The precise circumstances of each individual case will be key to considering whether financial provision can be sought in this country following a divorce in another country particularly if the divorce took place in an EU member state.

Similarly, McLachlin C.J. found it useful to consider the Criminal Code provisions on mistaken belief in consent, even though this defence was not at issue in the case.

In this case the EAT considered whether there had been a service provision change where there had...

In this case, the EAT considered whether a reasonableness term could be implied into a provision in.In this case, the EAT considered whether a reasonableness term could be implied into a provision in.in...

The ECJ summarised by ruling that, where a licensee puts luxury goods on the market in contravention of a provision in a licence agreement but must nevertheless be considered to have done so with the consent of the trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade mark.

R (DSD and NBV & Ors) v Parole Board and Secretary of State for Justice [2018] EWHC 694 (Admin)(28 March 2018)-- QB Divisional Court (Warboys case): (1) the Parole Board were irrational in failing to consider evidence; and (2) that a provision preventing publication of material was ultra vires.

Below are some examples of cases in which the conduct of one party has been considered sufficiently «obvious and gross» as to merit a reduction in the financial provision for that party, including the decision in C v T.

Second, to add belt to braces, the judgment goes on to consider in some detail the decision of the court of Appeal in the leading case of Jones v Tower Boot Co [1997] 2 All ER 406, [1997] IRLR 168, which held that a purposive interpretation is to be given to the general vicarious liability provisions in the discrimination statutes in order to achieve their aim, even at the cost of going further than the normal common law rules; this was held to be equally applicable to the parallel provisions on agency.

Whereas prior case law would not be binding on the provisions of a code, the provisions of a legislative statement would be considered to be the product of prior case law, as were the provisions of the Criminal Code when first enacted in 1892.

The third case considered here also concerns a tribunal's discretion, but in the much more precise context of how it is to operate the provisions on the «uplift» of compensation in relation to the statutory procedures — are there rules, or is it a discretionary free - for - all?

In the case of Watson & Ors v Watchfinder.co.uk Ltd, the High Court considered a provision in an option agreement which purported to give the board complete discretion over whether an option could be exerciseIn the case of Watson & Ors v Watchfinder.co.uk Ltd, the High Court considered a provision in an option agreement which purported to give the board complete discretion over whether an option could be exercisein an option agreement which purported to give the board complete discretion over whether an option could be exercised.

The Strasbourg Court will only reach a ruling under Article 11 if it considers that this is the lex specialis to be applied in a given case, in other words whether its provisions are more relevant to the facts than those in Article 10.

Under the existing provisions of the Native Title Act the Minister is required to publish public notice and receive submissions from the public in any case where he or she is considering varying, extending or reducing a representative body's area (see ss 203AE (6), 203AF (6) and 203AG (6)-RRB-.

In the case of athletes» struggling with a difficult situation to cope with, the provision of social support from coaches, teammates, and family is considered to be an indispensable in one's athletic life; specifically, when an athlete is dealing with an adverse situation (Morgan & Giacobbi, 2006In the case of athletes» struggling with a difficult situation to cope with, the provision of social support from coaches, teammates, and family is considered to be an indispensable in one's athletic life; specifically, when an athlete is dealing with an adverse situation (Morgan & Giacobbi, 2006in one's athletic life; specifically, when an athlete is dealing with an adverse situation (Morgan & Giacobbi, 2006).

In all other cases considered under Bilateral Agreements, the date of claim is determined according to the provisions of the individual Agreement.

In one case, the Idaho Supreme Court considered the interplay between contract provisions that attempt to limit a licensee's disclosure duties and the duties imposed on licensees by statute.