Sentences with phrase «specific circumstances of your case»

In a somewhat surprising move, sought to clarify para. 244 of Opinion 2/15, the Court argued that the conclusion that the EU could not act alone in the shared area of non-direct foreign investment was premised on the specific circumstances of that case.

The value of noneconomic damages should be tailored to the specific circumstances of the case.

Other compensation may be awarded, depending on the specific circumstances of your case.

We work closely with each client, the treating physicians and medical or vocational experts as necessary to make sure that we have an accurate understanding of what amount will fairly compensate an accident victim under the specific circumstances of the case.

Time limits to contest a will depend on the specific circumstances of each case.

The Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness to allow employers to govern system information through policy and procedure.

To discuss the specific circumstances of your case, and find out how we can help, talk to our expert team today on 0345 604 4911 or get in touch online and we'll get back to you as soon as we can.

No matter the specific circumstance of your case, our legal team is standing by, ready to review your claim and help you assess your options for compensation.

Depending on the specific circumstances of your case, you may be able to recover compensation for:

In rejecting the arguments from Vice about the chilling effect this practice creates, the Court cited the specific circumstances of the case:

Second, I believe that an appraisal of the specific circumstances of each case must allow a final, definitive adjudication regarding the allocation of responsibility for guaranteeing fundamental rights to either the Union or the Member States.

• Choose wisely, make sure your lawyer is experienced in personal injury law as well as in the specific circumstances of your case.

This issue did not require the Tribunal to resolve an ambiguity in the statutory language, but rather to interpret and apply the Code to the specific circumstances of the case.

Depending on the specific circumstances of your case, you may have a claim directly against a property owner or you may have a claim against a business that was occupying the property at the time of the accident.

If you are successful, you may be entitled to both general and specific damages depending on the specific circumstances of your case.

Every family law case is different, and therefore the role that an attorney plays in a specific case will vary depending on the types of cases they represent and the specific circumstances of these cases.

Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, so nothing provided on this site or in the accompanying podcasts, should be used as a substitute for the advice of competent counsel.

Again, the specific circumstances of your case will play a role in the sentence you are facing.

The election process is a «means by which the criminal law provides the Attorney General with sufficient flexibility to take the specific circumstances of each case into account and ensure that, in each case, the interests of justice are served.»

This means that a court will review the specific circumstances of the case and determine if a constructive dismissal has occurred.

The possibilities and avenues of compensation that are available for someone to follow through with under Kansas state law depend entirely upon the specific circumstances of the case in hand.

It will likely depend upon the specific circumstances of each case.

The courts of that other Member State may, where due to the specific circumstances of the case, this is in the best interests of the child, accept jurisdiction within six weeks of their seisure in accordance with paragraph 1 (a) or 1 (b).

However in the specific circumstances of a case, Roche may be distinguished: whether there is a risk of irreconcilable judgments if those claims were determined separately, is for the national court to determine.

Officers can, in other words, consider the Guidelines in the exercise of their s. 25 (1) discretion, but should turn «[their] mind [s] to the specific circumstances of the case»: Donald J. M. Brown and The Honourable John M. Evans, Judicial Review of Administrative Action in Canada (2014), at p. 12 - 45.

Exactly how property is divided, and in what proportions, depends upon the specific circumstances of the case.

Courts follow the New Jersey Child Support guidelines unless both parents agree to an amount other than that calculated by the guidelines, or the courts decide the guidelines are unjust due to specific circumstances of the case.

Not exact matches

In those cases, the IRS has said that it will allow taxpayers to request clarification of the tax laws as they relate to an individual's or a company's very specific set of circumstances,» explains Eileen J. O'Connor, a partner in the Washington, D.C., tax office of accounting firm Grant Thornton.

As the circumstances change, that valuation will change, which is why I don't think there's a specific number of PAs or production the Jays are giving him to make his case or be sent down.

This means that any extension would not only be: - subject to a specific case being made by the Director of Public Prosecutions; - subject every seven days up to the agreed limit to the approval of a High Court Judge; - subject to the regular report of the independent reviewer with an annual debate in parliament; - but also be subject in each and every instance to a specific parliamentary notification procedure, to a further statement to parliament on the individual case, a review on the specific case by the independent reviewer and with the provision for this House to scrutinise and debate the report and all the circumstances.

A successful manipulation of a national election in the United States is much, much more likely to occur via one or more very small, but selectively specific segments of the overall vote (i.e. single district locations possibly involving single or small groups of persons) which, due to the specific circumstances of the election, provide a window of opportunity due to the relative importance of the specific district vote totals; a situation not common to all elections in any case.

This section shall not be construed as a guarantee of a specific form of accommodation nor shall accommodation in one case establish a precedent for similar or dissimilar circumstances.

An analysis of eligibility will be required in all cases and will be based on the specific facts and circumstances of the project, including environmental approvals.

Some of tips are really decent and can be utilized as a part of specific circumstances; in any case, they can't work for all assignments.

Similar to federal student loans, under certain circumstances, including for economic hardship, you may be eligible for a forbearance, in which case you may temporarily postpone making monthly loan payments for a specific period of time.

In some cases, females may need 48 hours of recovery, depending on their specific circumstances.

What Dr Laurie did in the Boviard case is no different to what she has done elsewhere, and can only be considered as evaluating the combination of specific individual clinical circumstances with respect to the available research evidence and clinical knowledge.

For advice or assistance in specific cases or whether to make certain a contemplated gift fits well into your overall circumstances and planning, the services of an attorney or other professional advisor should be obtained.

[Hansen is talking about the possibility under certain circumstances and has specific arguments as to why the current case may be different from what the earth has experienced in the past, so let's leave him out of this.]

While neither lawyer nor client may have been able to predict the specific circumstances in that individual case, based on past experience, lawyers and in - house counsel should have an idea what kinds of things might arise.

The advice provided by a skilled family law lawyer takes into account not just the text of the applicable legislation, but the case law interpreting that legislation, the applicable common law principles and the specific circumstances of the family as described by the client.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

Where, on inquiry, the Board determines that an employee has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as seems just and reasonable in all the circumstances.

The penalty for property offences ranges from small fines to periods of imprisonment depending on the circumstances of your case and the specific offence that you have been found guilty of.

«As with all sentencing decisions, much will depend on the specific facts of the case and the circumstances of the offender and the nature of the offence at issue,» the Appeal Court said.

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.

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.

First, it reiterated that such an assessment should take place in the light of the circumstances specific to each case, such as «the complexity of the case and the conduct of the parties» (para 96).

Despite the formal reluctance in Inuit Tapiriit Kanatami II to acknowledge the case law of the ECtHR, the ECJ at the same time cited two judgments of the ECtHR to support its conclusion that future income can not be considered possessions, «unless it has already been earned, it is definitively payable or there are specific circumstances that can cause the person concerned to entertain a legitimate expectation of obtaining an asset» (para. 61).

In my experience, it is the specific facts and circumstances of the case that determine the appropriateness of which damages methodology to employ.