Sentences with phrase «such wide discretion»

Such wide discretion is in fact not unlimited, and can not be used to «whitewash» items which «were in breach of building regulations, were flawed on a functional level or which were a result of poor workmanship rather than a conscious aesthetic decision.»

In other words, there was no agreement to build the house in a «rustic» manner; (2) however, because the contract gave the Respondent a «free - hand» in designing and building the Appellants» house, it was open to him to build the house in a rustic manner if he so wished; (3) notwithstanding any such wide discretion, «the argument in relation to rusticity can not be used to whitewash every flaw in the Respondent's work»; (4) the Appellants did not act unreasonably in not signing the Respondent's daughter's defects list; (5) some of the DJ's critical comments about the Appellants» conduct (including accusations that they were «squeezing» the Respondent for more) appeared to be «rather excessive and unnecessary», and were «best avoided».

Not exact matches

[4] Quite often, the challenged measures relate to policy areas where member states enjoy wide discretion (if not exclusive competence), which begs the question of whether the measures relate to a «field covered by EU law» if the measures only have to comply with the fundamental freedoms and the principle of non-discrimination and have no direct connection to the requirements of specific EU acts (such as directives and regulations).

While such cases are likely to raise human rights issues, and thus import into the judicial consideration questions of proportionality and a relatively intensive scrutiny of the decision, it remains the case that, given the wide discretion afforded to the minister under IA 2005 and the nature of the competing interests, the courts are likely to be wary to intervene other than in the clearest of breaches.

It is a flexible principle, which in an appropriate case will allow a wide margin of discretion to employers as to the appropriate special treatment to be accorded to pregnant employees and those on maternity leave, particularly where such advantages are not directly at the expense of their colleagues and do not cause them serious prejudice.

Both judgments highlight the inherent problems posed by this approach, however, and make it clear that the court has wide discretion to evaluate the merits of such evidence on a case - by - case basis and to use its powers under Pt 32 to control or exclude it, as it sees fit.

The court has a wide discretion to make such order as it thinks fit for giving relief in respect of the matters complained of in an unfair prejudice petition.

Under Civil Code section 1717, a trial judge has wide discretion to deny attorney's fees where there are no clear, unqualified winning litigants such that the results are «mixed.»