The Court held, by an 8 - 3 majority, that the UK Government did not have the power to give notice under Article 50 TEU to withdraw from the European Union
without a prior Act of Parliament.
Not exact matches
Aitken has made ample use of an enhanced Competition
Act, beefed up just
prior to her appointment as commissioner of the Competition Bureau in 2009, litigating
without hesitation or remorse.
While former CIA Director William Colby was publicly taking the line that the President has constitutional power to conduct covert operations, Colby himself had approved an internal CIA study which found that,
prior to the 1974 Foreign Assistance
Act, there were no legal or constitutional grounds for covert action
without the advance approval of Congress.
But the researchers» bizarre fiction is that they are witnessing an isolated mechanical process
without any
prior conditions, rather than a premeditated
act prosecuted intentionally, so they produce the monstrous fantasy that they have proved that the whole
act is reducible to a spontaneous physical urge.
According to this view, the answer, «You ought so to
act as to maximize strength of beauty,» would be
without cognitive import even if there were
prior acceptance of Whitehead's theory of value.
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Miranda was questioned under schedule seven of the Terrorism
Act 2000, which allows authorities at airports, ports and borders considerable powers to stop and search people
without prior authorisation or reasonable suspicion.
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Dr. Menon was wrongly accused of repeated
acts of negligence, the prescription of dangerous drugs
without appropriate
prior examination, as well as the excessive prescription of controlled substances.
Personal injury lawyers should be aware that
prior to its repeal in 2008, section 67 (10) of the Motor Vehicle
Act stated that «Every report made under this section is
without prejudice... and must not be open to public inspection..»
«Placing the word patriot in the
act's popular title deflects attention from the
act's «encroach [ment] on civil liberties» by allowing, for example, searches and surveillance
without a
prior finding of probably cause.
A week later the Appellant met with the
acting principal and assistant principal at her son's school,
without prior notice to the son's teacher.
More specifically, Commission start is of the view that implied consent can not be relied upon to send commercial electronic messages on behalf of unknown third parties,
without obtaining
prior specific express consent in accordance with the
Act, Regulations and Regulations (CRTC);
A unanimous court upheld the appeals and dismissed the cross-appeals, and held that the notice obligation only arises where s. 20 (1) information is contained, and disclosure
without prior notice otherwise does not contravene the
Act.
Any contract entered into with Bond Solon for the provision of Bond Solon Products is on the express term that the trainer we appoint to present or author the product will not be approached independently by you or a third party
acting on your behalf to present training or create other material to you or any other party within a two year period following the delivery of the product
without our
prior written consent.
The claimants submitted, inter alia, that the orders: (i) had been made
without any
prior consultation as to the principle, relying upon the common law duty to
act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational on the basis that the reasons which had been put forward by the defendants in justification of the decision were inconsistent and contradictoryDyson LJ: The fact that, when conferring on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear established practice of wider consultation).
The Supreme Court of Canada used similar reasoning in its Etobicoke Centre decision, in which it linked vouching to the right to vote: «The [Canada Elections
Act] seeks to enfranchise all entitled persons, including those
without paper documentation, and to encourage them to come forward to vote on election day, regardless of
prior enumeration.
Banks can also
act as corporate agents
without seeking
prior approval from the RBI.
Under HIPAA (the Health Insurance Portability and Accountability
Act of 1996), employer - sponsored (group) plans were allowed to impose pre-existing condition exclusion periods if a new enrollee didn't have at least 12 months of creditable coverage (ie, had been uninsured
prior to enrolling in the group plan)
without gaps of 63 or more days (18 months of creditable coverage could be required if the person was enrolling in the group plan late, after his or her initial enrollment window had passed).
Prior to the High Court's decision in Wik v Queensland (1996) 187 CLR 1, (Wik), state governments carried out many
acts on pastoral leasehold land
without negotiating with native title holders.
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Apart from any use as permitted under the Copyright
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Professionals may assume the child's
acting out is entirely a result of ineffective parenting
without identifying the child's
prior attachment difficulties.
As with several of the other lenders, Guild Mortgage
acted as a «direct endorsement lender» in the FHA insurance program, which grants the lender the authority to originate, underwrite and endorse mortgages for FHA insurance
without prior review or approval from the FHA.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as
acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form
prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is
acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement
without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent
acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for
acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
No reader should
act in reliance on anything discussed in this blog / website
without prior consultation with a licensed professional who is qualified to evaluate the reader's individual facts and circumstances and offer an informed professional opinion with respect thereto.