Your lawyer will help you weave all
the relevant circumstances in your case into a persuasive legal narrative to attempt to convince the court into ordering the arrangement you seek.
Not exact matches
The courts should have to look at the individual
circumstances of each
case, paying attention to things like: which parent does the caretaking (or both), the temperament of the child, apparent bond of the child to each parent, and anything else that may be
relevant and rule
in a way that would be least disruptive to the child.
In such cases Parliament should assert itself by calling him before the relevant select committee (home affairs) and if after a detailed examination he is found in a vote of the committee to be clearly liable, a report of the proceedings should be sent forthwith to the relevant minister which in the absece of exceptional circumstance should lead to his dismissa
In such
cases Parliament should assert itself by calling him before the
relevant select committee (home affairs) and if after a detailed examination he is found
in a vote of the committee to be clearly liable, a report of the proceedings should be sent forthwith to the relevant minister which in the absece of exceptional circumstance should lead to his dismissa
in a vote of the committee to be clearly liable, a report of the proceedings should be sent forthwith to the
relevant minister which
in the absece of exceptional circumstance should lead to his dismissa
in the absece of exceptional
circumstance should lead to his dismissal.
Proxies are voted on a
case - by -
case basis
in the best economic interest of the Focus Fund's investors taking into consideration all
relevant contractual obligations and other
circumstances at the time of the vote.
(b)
in all
cases — the method used was as reliable as appropriate for the purpose for which the electronic communication was generated or communicated,
in the light of all the
circumstances, including any
relevant agreement; and
While the facts and
circumstances of Mullaney are of course different (other considerations apart, there was no complaint
in Mullaney that the Standards Committee did not have
relevant guidance drawn to its attention, whereas
in Sanders it was common ground that the
Case Tribunal was not referred to the
relevant guidance on the
circumstances in which disqualification, suspension and partial suspension may be appropriate following a finding of breach of the code of conduct), this does differ somewhat from the approach of Wilkie J
in Sanders v Kingston.
A balance had therefore to be struck between the various
relevant aspects of the public interest
in all the
relevant circumstances of the
case.
This period is assessed by the courts on a
case - by -
case basis, depending on an employee's age, position, length of service and the availability of alternate employment together with other
relevant factors as may be condisered important
in the
circumstances.
[31] Other factors
relevant to the exercise of the discretion are whether excluding the document would prevent the determination of the issue on its merits: Hoole v. Advani, [1996] B.C.J. No. 522; and whether,
in the
circumstances of the
case, the ends of justice require that the document be admitted: Jones, Gable & Co. v. Price (1977), 5 B.C.L.R. 103; Wu v. Sun, 2006 BCSC 1890; and Adamson v. Charity, 2007 BCSC 671.
They may be overridden but they are part of the
circumstances of the
case and fall to be assessed
in the round together with all other
relevant circumstances.»
An exception should only be found where the documents sought are both
relevant, and necessary
in the
circumstances of the
case to achieve either the agreement of the parties to the settlement, or another compelling or overriding interest of justice.
Sinukoff does have a previous reprimand from 2007 for destroying evidence of a criminal offence to avoid charges being laid against his son, but the panel decided it was not
relevant to the penalty
in this
case because of the very different
circumstances of the offence.
In that case, HHJ Pelling QC determined that the court's discretion was «unfettered» (in Hildyard J's words) and was «to be exercised by reference to all the relevant circumstances as they exist at the date when the application is determined»
In that
case, HHJ Pelling QC determined that the court's discretion was «unfettered» (
in Hildyard J's words) and was «to be exercised by reference to all the relevant circumstances as they exist at the date when the application is determined»
in Hildyard J's words) and was «to be exercised by reference to all the
relevant circumstances as they exist at the date when the application is determined».
In this case, the HPRB reasoned, however (according to the court) that while past conduct history was not relevant as to whether particular conduct took place «except in exceptional circumstances,» the information was nonetheless relevant «to what the inquiry committee might have done, in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....&raqu
In this
case, the HPRB reasoned, however (according to the court) that while past conduct history was not
relevant as to whether particular conduct took place «except
in exceptional circumstances,» the information was nonetheless relevant «to what the inquiry committee might have done, in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....&raqu
in exceptional
circumstances,» the information was nonetheless
relevant «to what the inquiry committee might have done,
in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6) in terms of remedy....&raqu
in terms of outcome, had it been aware of the past conduct history and whether the inquiry committee would have pursued any other action under s. 33 (6)
in terms of remedy....&raqu
in terms of remedy....»
[31]
In R v. George, [32] a case against certain British Airways executives concerned with a cartel offence involving alleged collusion with Virgin Atlantic, this issue arose in circumstances where the relevant Virgin Atlantic executives had admitted the offences and were given immunity from prosecution by the Office of Fair Trading (OFT
In R v. George, [32] a
case against certain British Airways executives concerned with a cartel offence involving alleged collusion with Virgin Atlantic, this issue arose
in circumstances where the relevant Virgin Atlantic executives had admitted the offences and were given immunity from prosecution by the Office of Fair Trading (OFT
in circumstances where the
relevant Virgin Atlantic executives had admitted the offences and were given immunity from prosecution by the Office of Fair Trading (OFT).
2032 (b)
In determining what is just and reasonable under the relative circumstances, the court shall take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party's case adequately, taking into consideration, to the extent relevant, the circumstances of the respective parties described in Section 432
In determining what is just and reasonable under the relative
circumstances, the court shall take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party's
case adequately, taking into consideration, to the extent
relevant, the
circumstances of the respective parties described
in Section 432
in Section 4320.
It is important to remember that this was a finding of fact based on the
circumstances of the
case and that the ruling
in Harvey that a flawed dismissal procedure required element of repetition to amount to a PCP is still
relevant.
While the Court acknowledge that an employer's poor financial
circumstances might be the reason for termination, it is not
relevant to the determination of reasonable notice
in a particular
case: «they justify neither a reduction
in the notice period
in bad times nor an increase when times are good.»
In considering Sawar, Mr Justice Foskett took the view that the solicitor's advice to the claimants in each case may be relevant to the circumstances of their decision to change to a CFA, but that the advice should not be judged by the standards of negligenc
In considering Sawar, Mr Justice Foskett took the view that the solicitor's advice to the claimants
in each case may be relevant to the circumstances of their decision to change to a CFA, but that the advice should not be judged by the standards of negligenc
in each
case may be
relevant to the
circumstances of their decision to change to a CFA, but that the advice should not be judged by the standards of negligence.
The Ontario Court of Appeal has reaffirmed, definitively, that an employer's financial
circumstances are not
relevant to the determination of reasonable notice
in a particular
case.
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 costs referred to
in article 40, paragraphs (a), (b), (c) and (f), shall be fixed by the Secretariat
in accordance with the BVI IAC's Schedule of fees and costs, taking into account the amount
in dispute, the complexity of the subject matter, the time spent by the arbitrators and any experts or assistants appointed by the arbitral tribunal, and any other
relevant circumstances of the
case.
For example, if a dog owner invited the victim onto the owner's property to play with the dog — which was the situation
in our recent
case at The Jeff Brooke Team — those
circumstances are very
relevant in analyzing the
case.
Master Dash concluded that the test is the same as for setting aside dismissals of defended actions: The court must take the contextual approach set out
in Scaini v. Prochnicki7, weigh all
relevant factors including the four Reid8 factors, and balance the interests of the parties to determine the order that is just
in the
circumstances of the
case, considering also the public's interest
in the timely disposition of disputes.
There is no reported
case law applying these provisions
in circumstances relevant to domestic violence or residential tenancies.
Whether a partnership has been established
in a particular
case will depend on an analysis and weighing of the
relevant factors
in the context of all the surrounding
circumstances.
I wonder, however, whether the decision would be equally easy if the clause
in question did not specify but excluded, or if it specified (or excluded) people on grounds less clearly
relevant to the dispute that nationality
in an international dispute or religion
in the particular
circumstances of the Jivraj
case.
If any employees have left employment
in difficult
circumstances since 2013, it may be sensible to check what paperwork has been retained to make sure that
relevant documents are not destroyed just
in case.
He found that
relevant circumstances under CPR 36.17 (5), as set out above, included a comparison between the terms of the offer and the judgment and that there might be
cases where a party was justified
in continuing to trial despite receiving what might be considered a favourable offer.
The Ururyar appeal will likely look at Justice Zuker's comments
in context, «through the eyes of the reasonable and informed person who is taken to know all the
relevant circumstances of the
case.»
Auld LJ referred to Lord Phillips
in East Berkshire, who said that UK courts must under HRA 1998, s 2 (1) have regard to Convention
case law, if
relevant to proceedings under HRA 1998, and asked, «can there,
in these
circumstances, be any justification for preserving a rule that no duty of care is owed
in negligence because it is not fair, just and reasonable to impose such a duty?»
(3)
In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all
relevant circumstances of the
case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.
the court may, if so requested by either party to the de facto relationship or the
relevant bankruptcy trustee (if any), adjourn the proceedings until such time, before the expiration of a period specified by the court, as that party to the de facto relationship or the
relevant bankruptcy trustee, as the
case may be, applies for the proceedings to be determined, but nothing
in this subsection requires the court to adjourn any proceedings
in any particular
circumstances.
The Family Consultant will consider the family's unique
circumstances, explore issues
relevant to the
case and provide advice to the Court
in regards to the child / ren's future care, welfare and developmental needs.
(b) may have regard, to the extent to which the court considers appropriate
in the
circumstances of the
case, to any
relevant findings of published research
in relation to the maintenance of children.
However,
in the
case of a plea of nolo contendere, the board shall allow the person who is the subject of the disciplinary proceeding to present evidence
in mitigation
relevant to the underlying charges and
circumstances surrounding the plea.