Sentences with phrase «valid defence»

I am a little disconcerted that Wenger didn't request a personal hearing so he could give his side of the story, as he actually had an extremely valid defence that Dean made it look like he had a vendetta against the Arsenal boss.

The court also noted that protections of freedom of expression and freedom of the press could provide valid defences where communication of facts are in the public interest.

It may be interesting to know whether it would be a legally valid defence if true; after all, people have managed to fool juries (and judges) with lies before, and maybe the expert witness won't be believed.

Despite the presence or existence of valid defences, or the characterization of statements as opinions and not facts, the presence of malice is devastating to a defamation defence.

The US is, as far as I know, unique, in that «but it's true» is a valid defence against a libel charge.

This is only possible in very limited circumstances, such as if you did not know about the decree because you did not receive the court papers and you have a valid defence to the claim.

A comment under the name DavidFTA read: «In a few years, self - defence is going to be made a valid defence for parricide [killing one's own father], so Rose's children will have this article to present in their defence at the trial.»

A valid defence at Collide a Scape is that they change no - one's opinions.

The burden would then shift to the plaintiff to prove the lawsuit has merit; that there are substantial grounds to believe that no valid defence exists; and that the harm suffered by the plaintiff outweighs that done to the public interest in allowing the matter to continue.

[77] In summary, the Chinese Court had jurisdiction over the matter which is the subject of the foreign judgment, the foreign judgment is final and conclusive, and there is no valid defence.

Section 273.1 of the Criminal Code outlines some instances where consent is not a valid defence, including: where the complainant complies due to threats, force or fear, or where the complainant was induced to comply in the context of a relationship with an authority figure.

The moving party has no valid defence in the proceeding; and b) The harm likely to be or already suffered by the responding party as a result of the moving party's expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression.

(ii) the moving party has no valid defence in the proceeding; and (b) the harm likely to be or have been suffered by the responding party as a result of the moving party's expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression.

A court should not dismiss an action if it has «substantial merit» and there is «no valid defence» in the proceeding.

After extensive pre-trial discussions with the Crown, Defence lawyer Joseph Neuberger, established that in fact A.D.'s version was at the least credible and gave rise to a valid defence.

Once established, the onus switches to the plaintiff to prove the proceeding has substantial merit, that the defendants have no valid defence, and the harm suffered is sufficiently serious to outweigh the public interest in protecting expression.

English law recognises sovereign immunity as a valid defence to the enforcement of a foreign judgment against a State.

For many cases you may have a valid defence and reasonable chance of being acquitted.

As part of an anti-SLAPP motion, the Court considered whether there were grounds to believe the defendant had a valid defence.

However, being responsible for an event occurring is not necessarily the same as being legally guilty of the offence — that distinction may be lost on Aboriginal people who thus plead to offences for which they may have valid defences.

[87] In my view, the responding party under s 137.1 (4)(a) bears the burden of establishing on objective evidence that shows beyond mere suspicion and based on «compelling and credible information» both that the claim has» substantial merit» and that there is «no valid defence».

If it is just, as the Ontario Court of Appeal has found (Combined Air Mechanical Services Inc. v. Flesh, 2011 ONCA 764, para. 51), to only grant summary judgment in circumstances where it is clear that a trial is not required, how are motion judges going to decide on a summary basis whether a claim has substantial merit, whether the defendant lacks a valid defence and finally what the public interest is in any given dispute?

As such, a plaintiff is forced to prove its claim and that the defendant lacks a valid defence, without the benefit of full documentary production, examinations for discovery or oral evidence.

Prevention of crime is a valid defence to a criminal charge in England.

What she can do if her creditors take her to court and whether she may have a valid defence to any court action