Sentences with phrase «statutory provisions»

The following is a non-exhaustive list of statutory provisions pursuant to which courts may order publication bans (current to July 2008):

Now, instead, they are slogging through statutory provisions that seem, in Justice Rehnquist's memorable words, to «swim before one's eyes.

Sure, administrative decision - makers should be required to read statutory provisions intelligently and explain their conclusions in terms of statutory language and objectives, but they should not be required to master these -LSB-...] Read more

Typically, Henry VIII clauses are included in legislation for limited periods of time, to facilitate the implementation of the statutory provisions.

We recognize that the provisions of sections 1178 (b)(state public health laws), and 1178 (c)(state regulation of health plans) similarly preserve state laws in those areas, but very little of the public comment appeared to be concerned with these latter statutory provisions.

Response: The NPRM described only the preemption standards that apply with respect to the statutory provisions of HIPAA that were implemented by the proposed rule.

The presumption is probably rebutted by the wording of the relevant statutory provisions, but it seems to me that it should have been given some weight by Mactavish J. in her analysis.

It remains to be seen how the Employment Tribunals will fulfil their duty to interpret UK statutory provisions consistently with any underlying EU directive so far as is possible.

Looked at in this way, the new statutory provisions appear to have the potential to eviscerate the duty to give reasons.

This required the arbitrator to make factual findings concerning the relationship between the claimants and the insured, in accordance with the arbitrator's interpretation of the relevant insurance policy and statutory provisions.

2.1.23 Documents such as applications for permission to appeal and notices of appeal must be served by the party or their solicitors on the respondents or their solicitors, in accordance with rule 6 or with any relevant statutory provisions (5), before they are filed.

The House of Lords decided that clear statements made in Parliament concerning the purpose of legislation in course of enactment may be used by the court as a guide to the interpretation of ambiguous statutory provisions.

The question posed by this article depends on a heavy loading: that the statutory provisions involved are beyond the understanding of an AILP.

(ii) The matters to be dealt with are: - the aggravating and mitigating factors of the offence (not personal mitigation); - any statutory provisions relevant to the offender and the offence under consideration so that the judge is made aware of any statutory limitations on sentencing; - any relevant sentencing guidelines and guideline cases; - identifying any victim personal statement or other information available to the prosecution advocate about the impact of the offence on the victim; - where appropriate, any evidence of the impact of the offending on a community; - an indication, where applicable, of an intention to apply for any ancillary orders, such as anti-social behaviour orders and confiscation orders, and so far as possible, indicating the nature of the order to be sought.

The Libel and Slander Act, which was last amended by the legislature in 2015, does not include any clear intent to include the Internet, and a judicial reading this meaning into it creates greater inconsistency within the statutory provisions.

There may be statutory provisions that bestow additional rights and responsibilities upon bouncers, but this is the basic premise.

As the Court of Appeal mentioned in paras. 26 - 36 of its opinion, this appeal concerns different constitutional and statutory provisions, and the reasoning and conclusions from that reference do not apply to it.

The wry judicial litotes balanced against the desperation of the layman facing the same dense statutory provisions might lead the independent bystander to doubt the chances of a fair trial.

Before 1 July 1940 the statutory provisions which corresponded to LA 1980, s 5, ie claims based upon simple contract, were contained in the Limitation Act 1623 — which introduced the six - year time limit — and the Civil Procedure Act 1833, s 3.

The Court of Appeal quashed a decision of the Alberta Labour Relations Board because it had failed to give «proper consideration» to the interplay between two statutory provisions and the different meanings that could be given to these provisions.

Represented defendant corporations in class actions where they were accused of violating the Consumer Fraud Act, and other statutory provisions.

Rather, I suggested that there may exist a category of statutory provisions — including provisions permitting the executive branch to override judicial decisions — that are «so constitutionally egregious as to test the courts» commitment to the absolute supremacy of Parliament».

It will explore the WTO's interaction with different sources of international law, including regional trade agreements like the Transpacific Partnership Agreement (TPP), the North American Free Trade Agreement (NAFTA), as well as Bilateral Investment Treaties and analyze relevant U.S. constitutional and statutory provisions concerning domestic and foreign trade.

It considers both common law and statutory provisions relating to the rules of evidence, and provides practical suggestions for applying the rules of evidence when appearing before administrative tribunals.

The RTA could be amended to provide that orders made under the PAFVA and the other statutes prevail when the terms of those orders or statutory provisions conflict with provisions of the RTA.

The Court's decision in United States v. Booker, 543 U.S. 220 (2005), should apply equally to statutory mandatory minimums as to mandatory Sentencing Guidelines, because the animating principle in Booker is separation of powers, and the mandatory guidelines that Booker rendered advisory had, per Mistretta v. United States, 488 U.S. 361 (1989), the same legislative authority as statutory provisions in the United States Code.

In Tariq v Home Office the Court considered the permissibility and compatibility with European Union law and the European Convention of a closed material procedure authorised by certain statutory provisions.

The statutory provisions applicable to the construction contracts are the Civil Code rules concerning (i) construction contracts, (ii) some provisions on project contracts that are applicable mutatis mutandis to construction contracts and (iii) general rules, including a general duty of the parties to a contract to cooperate with each other.

The varying interpretations given by the courts and human rights tribunals to the statutory provisions has led to a very complicated set of cases and principles on employment and discrimination.

The legal principle of equality of arms forms part of the right to a fair trial and this lies at the heart of the statutory provisions that have been introduced to ensure that one party is not unfairly disadvantaged due to lack of funding.

The wording of various statutory provisions is similar but not identical between jurisdictions.

In the event payment terms are deemed grossly unfair, such terms will be unenforceable and the original terms shall be replaced with the statutory provisions outlined below.

The Court of Appeal arrived at its decision on the PJI rate by employing a traditional textual analysis, interpreting statutory provisions in accordance with their ordinary meaning and in their full statutory context.

The Court said that it was unnecessary to decide this issue, however, since a contextual analysis of the relevant statutory provisions and the statutory history clearly pointed toward an intended retrospective application.

The statutory provisions before us deliver unmistakable commands.

Reasons may not include all the arguments, statutory provisions, jurisprudence or other details the reviewing judge would have preferred, but that does not impugn the validity of either the reasons or the result under a reasonableness analysis.

We are experienced in determining whether or not a debtor has assets, the location of assets, whether they have been fraudulently conveyed or hidden, or dealt with by the debtor contrary to the statutory provisions of the Assignments and Preferences Act, R.S.O. 1990, c. A. 33 and / or Fraudulent Conveyances Act, R.S.O. 1990, c. F. 29, and providing an assessment of viability of recovery of the debt.

Our lawyers will consider whether the circumstances of your case fall within the following Ontario statutory provisions:

There was no identifiable power in the court, supported by a public policy, to supplement presently existing statutory provisions to achieve what the prosecution want to achieve in violation of Mrs Gibson's rights under Art 1 of Protocol 1 of the European Convention on Human Rights.

The Upper Tribunal's decision in Revenue and Customs Commissioners v J3 Building Solutions Ltd [2017] UKUT 253 (TCC)(«J3 BS») perhaps belatedly seeks to clarify the law in relation to the zero rating of construction works to existing buildings although relevant statutory provisions changed in 1995.

SB 1139 Requires annual performance evaluation by presiding judges for the Associate Judges for Child Support and Child Protection Cases and other personnel appointed under the applicable statutory provisions based on written personnel performance standards adopted by the presiding judge.

Hackland J. maintained throughout his judgment that the statutory provisions were «clear», a point of view shared by some commentators.

The relevant statutory provisions are as follows:

Nonetheless, as I suggested in my previous posts on the subject, where criteria are used to inform the exercise of discretion it is generally better that they be made public, a point which applies with equal force to executive non-enforcement of statutory provisions.

It reasoned that American Pipe was based on «the judicial power to promote equity, rather than to interpret and enforce statutory provisions.»

She engaged in an analysis of the text and purpose of the statutory provisions at issue, concluding (at para. 30) that the legislation «protects pregnant women in two significant ways: it protects their health by substituting safe tasks for dangerous ones, and it protects their employment by providing financial and job security».

In determining the appropriate standard of review, Justices LeBel and Cromwell relied on the tribunal's expertise, the factual nature of the question, and the purpose of the statutory provisions at issue.

Given that the authority to determine the meaning of «expenses» had been vested in the tribunal and not in the courts, Justices LeBel and Cromwell's insistence that the tribunal interpret statutory provisions as if it were a court flew in the face of legislative intent.

For example, Mayo Moran's analysis of the interrelation of public and private law would be more useful to the practising lawyer if she had addressed the inconsistencies arising from the fact that in some situations the common law goes merrily on its way, oblivious to the fact that there exists an almost consistent rejection of the common law in statutory provisions.

The courts have taken a range of factors into account, including: whether under the statutory provisions the non-occupying party has a right of occupation; the intentions of the parties when the property was purchased and any responsibilities for children; whether any other payments should be offset against the occupation rent eg for improvements or mortgage payments that increase the net capital value; and the parties respective beneficial interests in the property eg if the property is beneficially owned on a 50/50 basis the level of rent should be determined and then reduced by 50 % (see Akhtar v Hussain).