Sentences with phrase «whether breaches of these orders»

The CJC says there is growing concern about the way such injunctions are being sought and / or used; the powers afforded to the courts (principally the county court, although the youth court can grant civil injunctions against juveniles); the limited powers available to the county court on breach; whether third parties should be involved in the process, and whether breaches of these orders are then a shortcut to mandatory possession orders.

Not exact matches

Some also warned that the attacks on the press are in part designed to distract reporters from the serious issues confronting the Trump administration, including whether adviser Reince Preibus breached rules by discussing an ongoing investigation of Trump's ties to Russia with the FBI, and by asking the agency to speak to news outlets about it in order to deny the story.

A list of 13 MPs facing harassment allegations has been circulating at Westminster, according to The Daily Telegraph and the Prime Minister ordered a Cabinet Office inquiry into whether Mr Garnier breached the ministerial code.

«PASC has previously made clear that the prime minister's adviser on ministerial interests should not have to depend on a referral from the prime minister in order to determine whether or not there has been a breach of the ministerial code,» he said.

In B v S [2009] All ER D119 (Dec) the court had to consider whether committing the mother of a three month old child to prison following persistent breaches of a contact order would infringe her child's right to a private and family life (under Art 8 of the Human Rights Convention).

Having found that H had breached the duty to give full and frank disclosure, Charles J carried out the second stage of the exercise, examining whether or not the order made (based on the information disclosed to W and the court) would have been made had H disclosed the job negotiations.

He held that effect must be given to the terms of the Order regardless of whether it means that the UK would be in breach of its obligations under the HQ Agreement.

Breach of any of the terms of any injunction ordered under PHA 1997 by any defendant (whether named or unnamed) acting «without reasonable excuse» is potentially a criminal offence under s 3 (6).

The Supreme Court considered whether the grant of the order breached Art 8 of the European Charter.

She went on to consider whether the child was being detained under the interim care order and concluded that the child's present situation did not breach her rights under Article 29 of the VCDR [paragraphs 32 and 35].

In Soil Instruments Ltd v Mr Robert King Mason, His Honour Judge Bird, sitting as a Deputy Judge of the High Court, considered whether Mr King Mason should be committed to prison for alleged breaches of an Order made by Mrs Justice May on 26th July 2017, concerning the use of confidential information under a restrictive covenant.

That case dealt with whether damages could be ordered for a breach of rights under the Canadian Charter of Rights and Freedoms.

This case concerned the question of whether non-derogating control orders imposed on six individuals under the Prevention of Terrorism Act 2005 (PTA 2005) breached Art 5 (right to liberty) of the European Convention on Human Rights (the Convention).

Construction of Beer Order in a case in which the issue was whether the tenant had breached the terms of his tenancy agreement.

In the matter of Motley & Others v Shadwell Park Ltd, the Court of Appeal (Sharp LJ and Henderson LJ) considered whether Mr Justice Soole acted outside the ambit of his reasonable discretion in granting Shadwell Park Ltd relief from sanction following its failure to submit an appeal bundle and skeleton argument in breach of paragraph 6.3 of Practice Direction 52B and a subsequent unless order that resulted in the appeal being struck out and a 3 hour appeal hearing being lost In granting relief Mr Justice Soole found that the loss of the hearing was not as serious as a loss of a trial date.

(11) A tenant or a former tenant of a rental unit may apply to the Board in the prescribed circumstances for an order determining whether the landlord has breached an obligation under this section.

On 27 and 28 March 2017, the Supreme Court heard the appeal of R (Unison) v Lord Chancellor & Another in which it considered whether the order imposing fees in the employment tribunal and Employment Appeal Tribunal is indirectly discriminatory and whether it breaches the EU principle of effectiveness.

The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.

[2016] EWHC 1506 (Comm); [2016] Bus LR 876; [2016] 955 LMLN 1 Appeal under s. 69 on the question of whether, where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for the owner to prove that the underperformance resulted from compliance with the time charterer's orders.

The interpretation of the contract had been conceded, which allowed the court to determine whether the right to a mandatory order flowed from the breach of contract.

Where a court is considering an application for an enforcement order in relation to a contact order under the Children Act 1989, or for an order following an alleged breach of an enforcement order, and asks an officer of the probation service to provide information to the court, and the officer will need to discuss aspects of the court case with an officer of the National Probation Service, the court should give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

The question to be asked was whether or not a particular breach had materially contributed to and vitiated the decision to make the control order, and the judge had erred in law in holding without further analysis that the breach justified the remedy of quashing the order.

First, the trier of fact must determine, on the evidence, whether the delay in treatment led to the plaintiff's injury, considering only what the plaintiff needed by way of timely diagnosis and treatment in order to avoid injury, and without considering the presence or absence of any breaches of the standard of care.

In re SuperValu: Whether Victims of Data Breaches Must Suffer Certainly Impending or Actual Concrete Harms (i.e., Damages) In Order to Sue

In its new investigation, the FTC must determine whether Facebook's response to the data leak amounts to a breach of its 2011 consent order to give «consumers clear and prominent notice» and obtain «consumers» express consent before their information is shared beyond the privacy settings they have established.»

Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affirmed.