Example sentences of "be that the court " in BNC.
Next page| No | Sentence |
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| 1 | However the facts are that the courts have not for the last 300 years recognised , nor have they acted upon , a logic which renders all questions of law jurisdictional . |
| 2 | The better view would seem to be that the court must respect the intention of the legislature of the State whose law governs the transaction and apply the Convention despite the reservation made by its own State . |
| 3 | The answer , as it seems to us , must be that the court regarded the enhanced right of silence which common law and statute have traditionally conferred upon a person once he has been charged as providing him , in the language of section 2(13) , with a ‘ reasonable excuse ’ for failing to comply with the requirement . |
| 4 | The test under option five would therefore be that the court should intervene only if there is unreasonableness in Lord Greene M.R. 's narrow sense of that term , or only if there is manifest irrationality in the sense that preceded the development of the hard look doctrine in the United States . |
| 5 | As Arthur is in breach of his duty by omitting to wear the goggles , it may be that the court will find that causation is not established . |
| 6 | In the absence of legislation , it may be that the Court of Appeal will prove more willing to strike down unreasonably high awards , or better still authorise trial judges to suggest appropriate financial parameters in their summings-up . |
| 7 | By contrast , the decision to impose conditions is taken by the policeman , and it may be that the courts will not defer so readily to the judgment of a single person as to what the scope of his powers actually is . |
| 8 | For these reasons , it might well be that the courts will be reluctant to interfere with the judgment of the policeman on the spot , especially if he is an experienced officer . |
| 9 | But the man whose failure to think is morally culpable , is distinguishable from such blameless defendants and it may be that the courts will not wish to exclude him from liability . |
| 10 | It may be that the courts would apply some sort of reasonable annual percentage . |
| 11 | Now that exclusion clauses are subject to statutory control under the UCTA 1977 , and the court generally has power to deny reliance on unreasonable clauses , it has been said that " any need for this kind of judicial distortion of the English language has been banished " ( Lord Diplock in Photo Production Ltd v Securicor Transport Ltd [ 1980 ] AC 827 ; see also Ailsa Craig Fishing Co Ltd v Malvern Fishing Ltd [ 1983 ] 1 WLR 964 ; Geo Mitchell ( Chesterhall ) Ltd v Finney Lock Seeds Ltd [ 1983 ] 2 AC 803 ) , and it may be that the courts will adopt a less restrictive approach to exclusions . |
| 12 | In administrative law the theory is that the courts are simply implementing the will of the legislature by subjecting the exercise of discretionary power to these standards of review . |
| 13 | The effect of the post-1945 decisions is that the courts of every American state have now held , as a development of the common law and despite previous decisions to the contrary , that a child can recover damages for a pre-natal injury , and even that damages can be recovered by the estate of a stillborn child . |
| 14 | The fundamental principle is that the courts will intervene to ensure that the powers of public decision-making bodies are exercised lawfully . |
| 15 | The hope is that the courts will remain and perhaps be upgraded , though this could be a lengthy process . |
| 16 | The public policy issue in these cases is that the courts do not want to deter rescue and it has been held that a duty of care is owed to rescuers ( Chadwick v British Railways Board [ 1967 ] 1 WLR 912 ) . |
| 17 | The advantage of the hybrid model is that the courts retain some control over the regulatory rules in the sense that they are not bound to give effect to them rather than the general law if they are considered unreasonable . |
| 18 | In summary , the law is that the courts will not enforce any post employment restraint on the activities of an employee unless the restraint is reasonable . |
| 19 | What is clear is that the court rejected Rees 's argument that the annotation could be kept secret , on the basis of a somewhat heavy-handed assumption of what this would entail . |
| 20 | Another possibility is that the court could impose a community service order . |
| 21 | The idea is that the court should give only very cursory consideration to the applicant 's case at the leave stage , and that leave proceedings should not be used as a surrogate for a full hearing in order to test the strengths and weaknesses of the parties ' respective cases as an aid to settlement out-of-court . |
| 22 | The difficulty about regarding this as the whole story , however , is that the court does not seem to have been in doubt that the purpose of the additional charges was to prevent the release of the applicants , but it did not regard this as conclusive . |
| 23 | If it is that the Court of Appeal should have relisted his case , then his application would have to have been made to the Commission by March 1991 . |
| 24 | My only comment is that , if the position is that the court 's power to appoint an administrator is in fact confined to companies formed and registered under the Companies Acts , it does not necessarily follow that the power to appoint an administrative receiver is similarly confined . |
| 25 | I was referred to R.S.C. , Ord. 55 , r. 3 which refers to the appeal being by way of rehearing , but that of course is the same phrase as is used in R.S.C. , Ord. 59 which states that appeals to the Court of Appeal are by way of rehearing and , to put it shortly , without quoting from the note to that rule , it is plain that all that means is that the Court of Appeal has a wide ranging power to consider and deal with the way in which the court below came to its decision but it is not empowered to hear evidence , except in certain exceptional circumstances : see , too , Rayden and Jackson on Divorce and Family Matters , 16th ed. ( 1991 ) , p. 1388 , para. 49.2 . |
| 26 | But the reality is that the court has not given to doctors any right that they did not previously have : it has merely declined to deprive them of a power which it is for them alone to exercise . |
| 27 | ( 1 ) In all the circumstances is it more appropriate that a court of the country to which a child has been wrongfully removed or in which it is being wrongfully retained ( country B ) ’ — in this case one can say England — ‘ should reach decisions and make orders with a view to its welfare or is it more appropriate that this should be done by a court of the country from which it was removed or to which its return has been wrongfully prevented ( [ Australia ] ) ? ( 2 ) If , but only if , the answer to the first question is that the court of [ England ] is the more appropriate court , should that court give any consideration whatsoever to what further orders should be made other than for the immediate return of the child to [ Australia ] and for ensuring its welfare pending the resumption or assumption of jurisdiction by the courts of that country ? |
| 28 | A prerequisite to making such an order is that the court is satisfied that the transaction was entered into by the debtor for the purpose either of putting assets beyond the reach of a person who is making , or may at some time make , a claim against him , or of otherwise prejudicing the interests of such a person in relation to such a claim : subsection ( 3 ) . |
| 29 | Once jurisdiction can properly be established on this basis then the effect of article 5(1) in the light of the Effer v. Kantner decision is that the court has jurisdiction finally to determine the issues between the parties . |
| 30 | ‘ The constitutional function performed by courts of justice as interpreters of the written law laid down in Acts of Parliament is often described as ascertaining ‘ the intention of Parliament ; ’ but what this metaphor , though convenient , omits to take into account is that the court , when acting in its interpretative role , as well as when it is engaged in reviewing the legality of administrative action , is doing so as mediator between the state in the exercise of its legislative power and the private citizen for whom the law made by Parliament constitutes a rule binding upon him and enforceable by the executive power of the state . |