Example sentences of "[art] [noun sg] have been made under " in BNC.
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| 1 | Held , dismissing the appeal ( Lord Keith of Kinkel and Lord Jauncey of Tullichettle dissenting ) , that although the common law had previously only admitted recovery of money exacted under an unlawful demand by a public authority where the payment had been made under a mistake of fact or under limited categories of compulsion , which did not apply to the payments by the building society , the nature of a demand for tax or similar impost on the citizen by the state , with the perceived economic and social consequences of non-payment stemming from the inequality of the parties ' respective positions , and the unjust enrichment falling on the state where the citizen paid an unlawful demand to avoid those consequences , warranted a reformulation of the law of restitution so as to recognise a prima facie right of recovery based solely on payment of money pursuant to an ultra vires demand by a public authority ; and that , accordingly , since the building society 's claim fell outside the statutory framework governing repayment of overpaid tax , it was entitled at common law to repayment of the sums from the dates of payments and to interest in respect thereof pursuant to section 35A of the Supreme Court Act 1981 ( post , pp. 384H , 387D , F–G , 389B , 390F — 391C , E–F , 392E , 396C , 414B–C , F–G , 415E–F , 416A–B , 417B , 418A–C , E–F , 421D–F , G ) . |
| 2 | Held , allowing the appeal , that where a driver was required to provide a specimen of blood or urine for one of the reasons set out in section 7(3) of the Act of 1988 , or claimed the right to provide such a specimen under section 8(2) , the constable was required by section 7(4) to inform him that the specimen was to be of blood or urine and that it was for the constable to decide which ; but that there was no requirement to invite the driver to express his preference for giving blood or urine ; that if the constable intended to require a specimen of blood , the driver was to be given the right to object on medical grounds to be determined by a medical practitioner or , if the requirement had been made under section 7(3) , for some other reason affording a ‘ reasonable excuse ’ within section 7(6) of the Act ; and that , accordingly , the requirement for the defendant to provide a specimen of blood had complied with section 7(4) ( post , pp. 885G–H , 890D–G , 891A–D , 895B–E , H — 896A ) . |
| 3 | Where the trespass is trivial then the damages will be nominal ; but where the trespass involves some beneficial use of the land , the plaintiff is entitled to a reasonable remuneration for the use of the land , as if the use had been made under an agreement , such as a lease or a contract . |
| 4 | When an owner of property against whom an order has been made under the Act comes into this court and complains that there has been some irregularity in the proceedings , and that he is not liable to have his property taken away , it is right , I think , that his case should be entertained sympathetically and that a statute under which he is being deprived of his rights to property should be construed strictly against the local authority and favourably towards the interest of the applicant , in as much as he for the benefit of the community is undoubtedly suffering a substantial loss , which in my view must not be inflicted upon him unless it is quite clear that Parliament has intended that it shall . |
| 5 | If a judgment has been obtained without the appointment of a guardian ad litem ( save where an order has been made under Ord 10 , r 8(1) see above ) the judgment may be set aside by the court under Ord 37 , r 5 . |