Sentences with phrase «taken by the court»

According to him, he deserves another term because he has done only a term in office - a term which part was taken by a court litigation yet the party [NDC] has performed so well despite the challenges they encountered.

«I have done one term in office, and part of that term was taken by court litigation; And even then we have executed our mandate satisfactorily and am certain that, Ghanaians will give me the second term to make eight years (8) as required by the constitution.»

Their plea was not taken by the court in view of the fact that the charges are preliminary and the full facts of the case have not been gathered.

The final decision about how much you should pay back each month is taken by the court, even if the collector wants a higher amount.

Florida is more liberal than any other state where it relates to exemptions (property that can not be taken by the court).

At the centre of this appeal is the approach to be taken by a court to judicial review of such decisions, both on procedural and substantive grounds.

Admittedly, the approach taken by the Court can be challenging for judicial authorities throughout the EU: the burden of proof that the person has had the full period to launch an objection would rest on the competent authorities and that burden may be a heavy one.

In my respectful view, Conforti (Re) accurately reflects the proper approach to be taken by the court when asked to characterize «income» (or «property», for that matter) under the Act.

Partners Ben Mays, (BVI) and Nicholas Journeaux (Jersey) have authored a briefing note that analyses the two aspects of the decision separately and contrasts the approach taken by the BVI Court with that taken by the courts in the Channel Islands.

However, the approach taken by courts and legal professionals is to consider and deal with each loss as distinctly as possible.

This Court of Appeal decision serves as a useful reminder that while in some cases the overriding objective and the obligation for a case to be dealt with proportionately will necessitate a speedy and efficient conclusion, in other cases, such as where a party's liberty is at stake, it is imperative that time is taken by the court to ensure that the procedural requirements are complied with, even if that means two separate hearings.

Nonetheless, the approach taken by the Court is sound.

Unfortunately, again, it seems that similar decisions are taken by the Court on a regular basis these days.

A core argument supporting the narrow approach taken by the Court is that a country — here Switzerland — has said no to the internal market.

50 In those circumstances, it is apparent that there is no risk of conflicting decisions as mentioned in paragraph 47 above, since the provisional decision taken by the court before which the interim proceedings have been brought will not in any way prejudice the decision to be taken on the substance by the court having jurisdiction under Article 22 (4) of Regulation No 44/2001.

In the 59 - page document the Committee comes out against a privacy statute and commends the approach now being taken by the courts.

The husband argued that the approach which should be taken by a court when determining whether there should be a departure from an equal division of the marital wealth should be:

The approach taken by the Court of Appeal in means that where those words have not been deleted, the lease will not validly exclude LTA 1954 security of tenure.

But the approach taken by the Court of Appeal gave little weight to whether the disclosure involved a disproportionate interference with that right.

The final decision will be taken by the Court of Justice although, as usual, it is expected to follow the Advocate - General's line.

Lord Justice Briggs, in a dissenting judgement, stated that the marginal costs of implementing a blocking order should instead be borne by the rights holder, in line with the approach taken by the courts in other situations where compliance by an innocent party (here the ISPs) with an equitable duty to assist the victim of a wrongdoing (here the rights holder) should generally be at the victim's expense.

The deficiencies in summary judgment papers can appear in a variety of places, and the approaches taken by the courts to address the deficiencies can vary as well, limited only by the inspiration or creativity of the particular law and motion judge — and, of course, due process.

Where applicable, details of measures taken by courts or authorities to ensure the protection of the child after its return to the Member State of habitual residence

Official legislation is taken by the courts to correctly state the law without any further proof of its accuracy unless the contrary is shown.

The Court of Appeal here has taken an approach to American jurisprudence that diverges from that taken by this Court in Instead of drawing on the American law of fair use to inform the Canadian law of fair dealing, the Court of Appeal has arrived at a result that is directly opposite to the result arrived at by the United States District Court in a case with virtually identical facts.

One decision that clearly illustrates the near bright - line approach taken by the courts is the decision in R. v. Frank Wilson Grandview Services Ltd. that was rendered by the Ontario Court of Justice in July, 2000.

Kirstie Gibson considers the approach taken by the court to determine the habitual residence of a child

It remains to be determined what, if any, steps will be taken by the court to alleviate the systemic delay in the Superior Court.

However, the Supreme Court's recent decision in R (Public Law Project) v Lord Chancellor [2016] UKSC 39 suggests that we can not assume that extremely broadly framed powers will be taken by the courts to be as wide as their language suggests.

Since April 2013, the CPR has contained a menu of options for disclosure, yet the default route taken by the courts and parties still seems to be standard disclosure.

The central argument of this article is two-fold: first, that courts have come to occupy an increasingly active role as regulators of the Canadian legal profession in the past several decades; and, second, that the measures taken by the courts have resulted in a regulatory regime more attentive to the public interest.

Moreover, the positions taken by the Court have resulted in greater regulation in this area and, in some cases, been in direct opposition to the positions taken by the legal profession.

You must then turn in your license at a motor vehicle office, unless it has already been taken by the court.

Even where partial or early evidence has been taken by the Court, the Bill will allow the Court to admit evidence under the new evidence rules where either both the parties agree or the Court considers it in the interests of justice that the new rules apply.

(1) A Commonwealth property protection measure relating to a child that is taken by a court exercising jurisdiction in accordance with subparagraph 111CK (1)(b)(i) or (ii) lapses if:

The approach taken by the court does vary slightly around the UK and the eventual outcome will also depend upon your own individual circumstances.

Not exact matches

A mandatory arbitration clause in her 11 - year - old employment contract prevented her from taking the matter to court, but her legal team circumvented the matter by suing Ailes personally.

The Perth - based distributor of the Thermomix kitchen appliances in Australia is being taken to court by the consumer watchdog for allegedly misleading customers when the products were found to be dangerously faulty.

The Supreme Court has appointed a receiver to take charge of the Yindjibarndi Aboriginal Corporation in the lead - up to a general meeting set for next month to settle a long - running dispute with a breakaway organisation backed by Fortescue Metals Group.

Hundreds of thousands of people took to the streets in Catalonia Sunday to call for unity, voicing their opposition to last week's non-binding and referendum on independence on October 1 that was declared illegal by the Spanish government and constitutional court.

Courts take a dim view of businesses that go for years without ever objecting to another business going by the same name, then suddenly sue for trademark infringement.

The bold phrases are my summary of the changes, while the indented text is taken from the original summons followed by the limits set out in the July 6 court filing.

Serena Williams may be taking a break from the court to focus on family, but by no means is she slowing down when it comes to expanding her brand beyond the realm of tennis.

The lawsuit filed in Santa Clara Superior Court alleged that Anderson violated his contract by attempting to recruit at least a dozen Tesla engineers, taking confidential and proprietary information, and doctoring and destroying evidence to «cover his tracks — all for the benefit of a competing venture he launched while still a Tesla employee.»

And for 27 years, before he was elected sheriff, he presided over court cases — ones that increasingly involved the stories of lives undone by drugs and poverty, and of an opioid epidemic taking root.

«But there is going to need to be some major lawsuits or decisions by federal courts, appellate courts or more to decide what are acceptable practices online for a real shift to take place.

Jia was placed on an official blacklist of debt defaulters in early December, a move taken by Chinese courts to put pressure on people and entities to repay debts.

The law, known as Senate Bill 4, is slated to take effect Sept. 1, but has been challenged in court by rights organizations and localities that say the law infringes on local governments» constitutional rights, and will sow fear through immigrant communities by dissuading people from reporting crimes or testifying as witnesses out of fear they will be deported.

Meanwhile, other big digital newcomers to the media scene, including BuzzFeed and Business Insider, have also been slow to take up the public interest banner long carried by the likes of the New York Times and the Press - Enterprise (a small California paper that, as Liptak explained, took two free speech cases all the way to the Supreme Court in the 1980s).

Lucas took the designer to court for copyright infringement, but the court ruled the replicas were not covered by copyright law because they are not works of art.