Sentences with phrase «well established case law»

The Court addresses these issues by referring to its well established case law on the division of roles between national courts and the European Court of Justice (para. 29).

(It is well established case law that an attorney can't represent a client in which he himself is a witness in the case.)

Not exact matches

«It's not infrequent grounds for a reversal... but there is a well - established case law on improperly selected juries.»

In Canada, the notion of plea bargains or immunity deals in exchange for co-operation are well - established in criminal law in cases facing individuals.

From the perspective of the ICRC, Tidball - Binz explores the principles behind international humanitarian law and forensic investigations, relying on case studies and experience to establish recommendations and best practices.

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

Vis.: [Coby]: «In the case of the theory of Anthropogenic Global Warming, what we do have is a theory (first conceived over 100 years ago) that is based on well established laws of physics...».

In the case of anthropogenic global warming, there is a theory (first conceived over 100 years ago) based on well - established laws of physics.

As reported by the New York Law Journal, U.S. Attorney Preet Bharara stated that it was particularly disturbing to him that «a law firm and a partner in the firm would so flagrantly violate such a clear and well - established law, as was alleged in this case.&raqLaw Journal, U.S. Attorney Preet Bharara stated that it was particularly disturbing to him that «a law firm and a partner in the firm would so flagrantly violate such a clear and well - established law, as was alleged in this case.&raqlaw firm and a partner in the firm would so flagrantly violate such a clear and well - established law, as was alleged in this case.&raqlaw, as was alleged in this case.»

The appeals court considered this case within the context of New York's well - established medical malpractice laws.

Although the doctrine is well established, its precise scope continues to be clarified and its requirements must therefore be understood by reference to developments in the recent case law.

It was a well - established principle of the law of confidentiality that where information of a personal or confidential nature was obtained or received in the exercise of a legal power or in furtherance of a public duty, the recipient would owe a duty to the person from whom the information was received or it relates (in this case, the taxpayer).

Now, when alienation has been established in a family law case, the question that keeps judges up at night is what can be done about it, and frankly none of the legal and therapeutic options are particularly good.

Here it is directed — and this remains good practice in all courts — that save where a judgment clearly indicates that «it purports to establish a new principle or to extend the present law» (para 6.1) certain categories of case may not be cited at all in court (para 6.2), ie citation is contrary to guidance:

It is well - established case law that Member States can only justify distinctly applicable measures by relying on the express derogations contained in the Treaty which in turn are interpreted narrowly.

Re: ``... Now, when alienation has been established in a family law case, the question that keeps judges up at night is what can be about it, and frankly none of the legal and therapeutic options are particularly good....»

It is well established that sports organisations owe a duty of care to children and young people in relation to physical risks of participating in sport, but there has been a dearth of case law in relation to less tangible issues like welfare and emotional - wellbeing.

The Reeves Law Group is a large and well - established law firm specializing in serious accident and personal injury casLaw Group is a large and well - established law firm specializing in serious accident and personal injury caslaw firm specializing in serious accident and personal injury cases.

Barrett & Thomson is «a well - established and leading firm» for children law, with particular expertise in cases involving sensitive allegations such as non-accidental injury and sexual abuse.

These may be set based off state and / or federal legislation as well as case law, which is established based on the outcome of former cases.

If the firm's solicitors will be involved in the interview process, try to establish the type of law they practice, their history with the firm and current level of seniority as well as any recent involvement in deals or cases.

A recent case illustrates how courts apply Dram Shop Laws, as well as the quantum of evidence that must be presented in order for a plaintiff to successfully establish liability.

Our law firm has experience in tracking down the essential records you will need to better establish liability in these cases, such as gathering the cell phone records from the accused driver responsible for the car accident.

«It is a well - established principle of our law that a party who seeks the extraordinary relief of an ex parte injunction must make full and frank disclosure of the case.

Your law firm or corporate legal department has established the need for a new, better or different legal case management platform.

A study of eviction court conducted in 2002 by the Lawyers» Committee for Better Housing, Inc. (LCBH) and Chicago - Kent College of Law concluded that tenants were at a disadvantage, as evidenced by the court's failure to require the landlord to establish their prima facie case for eviction.

We highly recommend speaking with legal professionals such as Grillo Barristers, as we understand the case law and have well established relationships with designated catastrophic assessment medical experts who can work in tandem to help you understand where your injuries may fall on the assessment scale to help you prove your case.

It is also well established law since the Labour Conventions case in 1937 that the implementation is to be done by the level of government that has the legislative power over the subject matter of the treaty.

«It is the very well - established practice of this court, in a case where the conviction was entirely proper under the law as it stood at the time of trial, to grant leave to appeal against conviction out of time only where substantial injustice would otherwise be done to the defendant.»

Establishing trusts and foundations in Switzerland and abroad, as well as relocation issues and cases involving private international law, are a regular field of activity for our UHNWI clients.

Her ladyship referred to the case of Axa General Insurance Ltd v Gottlieb and Gottlieb [2005] EWCA Civ 112, [2005] 1 All ER (Comm) 445 and acknowledged that there was a well established common law rule that if a genuine claim made under an insurance contract is dishonestly exaggerated, the whole claim will be dismissed; further, if money has already been paid pursuant to a claim under such a contract before the fraud is discovered, all the sums paid under that claim will be recoverable by the insurer, including any sum referable to the genuine part of the claim.

The facts in each case were simple and the law well - established, but the judgments provide a refreshing reminder of what constitutes negligence on the part of an individual.

Founding partner William M. Shernoff is best known for establishing case law in 1979 that allows plaintiffs to sue insurance companies for bad faith.

Since many Family Law Attorneys spend so much of their time in court, they often have the advantage of having lengthy established relationships with other divorce attorneys and experts that you may contend with, as well as a great deal of familiarity with the judges, court rules and procedures that can impact the results you get in your case.

These recent Colorado Court of Appeals cases − if not overruled by the Colorado Supreme Court − establish that Colorado courts must now decide whether to permit a parent to relocate with a child (over the other parent's objection) purely on whether such a move or relocation is, on balance and considering all the factors of Colorado law, in the best interests of the child.

It is well - established in case law that marital status alone does not create agency between the spouses.

5 Reasons why a Buyer NEEDS to sign a Buyer Agency Agreement: 1) To establish a contractual relationship with a competent REALTOR, which via established case law complies the REALTOR to act in the best interest of the Buyer or face legal repurcussions.