Sentences with phrase «statutory purpose»

A second critical point is this — the idea, and any discussion, of the specific statutory purposes at stake were completely dropped out.

British Airways are seeking to overturn the decision of the BA pension scheme trustees to give themselves power to award discretionary pension increases, following the Government's switch from RPI to CPI for statutory purposes.

In these cases, the concepts with which we have been dealing, such as «employer» and «employee», even though present, provide no barrier to the protection of those who should be protected, i.e. to the achievement of specific statutory purposes.

Our suggestion is that we should not moralize, in this case via a familiar account of the general purpose of labour law as a whole, a straightforward legal problem of determining statutory purposes and applying the statute rationally in light thereof.

It is remedial because it is intended not only to compel compliance by insurers with an important statutory purpose, but also to provide a remedy to the other party who was deprived of the opportunity for an early settlement of the claim.

Their Lordships concluded that Habermehl and Fraser (No 1) were wrongly decided, and as Lord Walker stated: «Reverter (after 1987, in equity) will occur only if the relevant statutory purpose is no longer being carried out.»

1.8 All NSBS communications — including those via social media sites — are aligned with the Society's statutory purpose under section 4 of the Legal Profession Act.

If the text is deemed to be «unambiguous,» then textualism seems to cleanly slice through obfuscation like a scalpel, cutting away all messy questions about how to define and apply broad statutory purpose, legislative history, or judicially crafted substantive canons by instructing the judge to follow the «plain» text.

In summary, the decision shows that, where the two statutory limbs of applying for an administration order are established, namely insolvency and statutory purpose of the administration, it should ordinarily follow that an administration order will be granted unless there are strong factors mitigating against granting an administration order.

A «residence» for statutory purposes is a place a party considers their place of abode accompanied with an intention to remain in that place.

We begin by noting that when determining coverage of labour laws (and thus possible and proper segmentation), Canadian courts, at least in some circumstances, simply think in terms of specific statutory purpose (and have not been tripped up along the way by labour law's commonly understood overall purpose).

«You can look at individual applications over and over again, asking the question, «Are they necessary for a statutory purpose?

«Applying that approach, as I am sure that the courts will do in the present context, the judges will be able to say — and I hope that they will — that the statutory purpose here is the very limited one identified by Mr Grayling of striking out judicial reviews which raised what he describes as «relatively minor procedural defects».

She emphasizes, correctly, that the statutory purpose of bail is to ensure defendants return to court, not to serve as preemptive punishment.

Our statutory purpose is to protect, promote and maintain the health and safety of the public by ensuring proper standards in

Racial integration is simply not mentioned as a statutory purpose in state charter laws.

Given the statutory purposes are clearly distinct, one would expect a much narrower interpretation in the context of SPCs.

Justice Stratas indicates, in the spirit of this article, that legislative words matter and that there are many contextual factors which might provide that a presumption of deferential review (or reasonableness, whatever we want to call it), is rebutted, and a narrower margin must be accepted: for example, «statutory recipes that must be followed,» statutory purposes, settled case law, discretionary decisions, and importantly, clear statutory language.

That was unjust and frustrated the statutory purpose.

The trick, in short, lies in simply sticking to the statutory purposes at issue in any case.

Thus, if the specific provisions contemplated that there would be a deduction or other tax advantage then there was no room for overriding that statutory purpose by the application of s 99 or s BG1.

Starring roles were played by expertise and statutory purpose.

In this case, where Mr. White's Guideline range was more than doubled on the basis of acquitted conduct, the District Court did not adequately examine whether the sentence complied with the SRA and, in particular, the statutory purposes of sentencing.

Acquitted conduct enhancements in some cases — especially when they significantly affect the applicable Guideline range and the ultimate sentence imposed — may disserve the statutory purposes of sentencing that Congress enumerated in 18 U.S.C. § 3553 (a) and sought to vindicate in the SRA.

[19] If reasonableness is a «sliding scale» dependent on context, we can surely say that statutory purposes and statutory considerations form part of the context, limiting the range of potential outcomes.

Sedley LJ went further and said he «would consider it within the statutory purpose to treat... [such a] history as constituting a series of similar acts.»

Far from being «discriminatory», the distinctions they draw flow directly from the statutory purpose and the scope of the mandate.

However, there have been decisions that indicate that for statutory purposes the operative date can be the date of the will, the date of the codicil or the date of death.