Sentences with phrase «relevant circumstances of the case»

A balance had therefore to be struck between the various relevant aspects of the public interest in all the relevant circumstances of the case.

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.

Thus, if all the relevant circumstances of the case were considered, then there was no arbitrary deprivation under Art 5.

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.»

(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.

Not exact matches

A spokeswoman declined to answer a series of direct questions from CNBC about his case, instead providing a statement from Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department's Tax Division: «Bradley Birkenfeld was afforded due process of law and sentenced by a federal district court after full consideration of all relevant facts and circumstances, including his admission that he advised wealthy UBS clients on how to conceal their assets from the U.S. government,» she said.

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 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.

Instead, the Totality of the Circumstances test looks at the past, present and potential future financial resources of the borrower, the debtor's necessary living expenses, and any other facts that are relevant to the bankruptcy case.

(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

It will not kill the «golden goose» but nonetheless the business will be considered along with all the other relevant circumstances of an individual case.

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.

However, the circumstances of each case are different and it is important to canvas the relevant facts with a lawyer to determine what defence (s) could be available to you.

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.

the use of a de minimis threshold -LSB-...] seems to be unnecessary for two further reasons: first, -LSB-...] the exclusionary effects -LSB-...] are to be determined on the basis of a specific examination of all the relevant circumstances of the individual case and their presence must be more likely than their absence.

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.»

the court can confine its consideration to factors relevant to the variation application — although MCA 1973, s 31 (7) requires the court to have regard to all the circumstances of the case, that is not the same as requiring the court to undertake the exercise under MCA 1973, s 25 afresh; and

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 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....»

[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).

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 4320.

This makes them quite different from normal appeals, which involve cases that arise out of specific concrete circumstances, that come with a context that has been judicially explored by the lower courts, that have an established set of relevant facts that have been tested through an adversary process, and that are essentially retrospective, arriving at general and abstract questions only as they emerge from those concrete fact and law circumstances.

The court examined similar cases with extraordinary long - service employment records and examined the Bardal factors (the character of employment; the length of service; the age of the employee; the availability of similar employment having regard to the experience, training and qualifications of the employee; and any other relevant circumstances).

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.»

If you have been the victim of an accident and received an injury, it is essential that you contact a Springfield personal injury lawyer who can make informed decisions based on the circumstances of your case and who will know how to effectively negotiate with any relevant legal entities.

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 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 judge will take all of the relevant circumstances of each individual case into consideration when making this very important determination.

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.

Therefore, whether the length of service or the quality of service is a relevant factor that mitigates the effect of the misconduct on the employment relationship is a question for the trial judge to determine based on the specific facts and circumstances of a particular case.

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.

Having the specific information such as location, time, circumstances of what led to the fall, and any other relevant information will help our team of experienced attorneys assess your case.

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.

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.

However, this case, although unusual, provides a useful illustration of how the court may take into account a wide range of relevant factors, including the terms and circumstances of the offer, when determining whether it would be unjust for the normal costs consequences to apply.

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?»

The now well - known U.S. Supreme Court case called SEC v. WJ Howey Co. continues to provide the framework for analysis of the relevant «facts and circumstances».

This flexible rule allows the court to consider all the relevant evidence and circumstances of the case to figure out what kind of custody arrangement is best for the child.

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.

(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.