Example sentences of "be that the defendant " in BNC.
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| 1 | The facts of this case are that the defendant , Edwin Gomez , was employed as assistant manager at a shop trading by retail in electrical goods . |
| 2 | It may be that the defendants could take this point by way of defence to the action : see Wandsworth London Borough Council v. Winder [ 1985 ] A.C. 461 and Roy v. Kensington and Chelsea and Westminster Family Practitioner Committee [ 1992 ] 1 A.C. 624 . |
| 3 | It would not matter that the consequence of so holding might be that the defendants , if they should lose the action , would satisfy the European Court of Human Rights that any verdict against them would constitute a breach of article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms . |
| 4 | This is a convoluted way of achieving a just result , and the law should be that the defendant should be proved to have realised that he was dealing with a policeman , or was reckless about the matter . |
| 5 | In certain cases it might well be that the defendant 's ignorance will not help him . |
| 6 | I accept that erm and of course he 's dealing with it , approaching it from the basis that that factual issue is one she 's resolved in favour of the plaintiff erm it may be that there 's very little issue between us , it may be that the defendant would concede if your Lordship were to find that er the plaintiff had been asking Mr on several occasions to get him out of the contract , it may be conceded , I know not . |
| 7 | In Lonrho plc v. Fayed the facts which the court was required to assume to be true were that the defendants had made fraudulent misrepresentations about themselves to the Secretary of State in order to influence him not to refer their bid for H.F. Co. to the Monopolies and Mergers Commission . |
| 8 | Well my Lord the issue is that the defendants deny they were under any duty to offer any advice about financial . |
| 9 | The third requirement is that the defendant 's conduct in committing the crime must have been objectively dangerous . |
| 10 | Under the illegality theory , as the name implies , the ground for the award of damages is that the defendant has acted illegally . |
| 11 | The order is that the defendant should consent to such steps being taken and the existence of personal jurisdiction over him is therefore essential . |
| 12 | On this basis , the prima facie view is that the defendant 's conviction should be quashed . |
| 13 | Another possible way of resolving the difficulty where the sole evidence is that the defendant was actually fighting is to say that , in the course of the fight , there is a series of threatening gestures , each one of which constitutes a fresh offence . |
| 14 | The drawback to this claim is that the defendant ( usually the manufacturer ) must lie shown to have been negligent . |
| 15 | The defence is that the defendant took all reasonable steps and exercised all due diligence to avoid committing the offence , section 39 . |
| 16 | All that is necessary is that the defendant should , expressly or impliedly , ask for something in return for his promise , an act or a promise by the offeree . |
| 17 | 1.59 The third ground for defending an application is that the defendant from whom the interim payment is sought is not a person who appears to the court to fall within one of the categories listed in Ord 29 , r11(2) , namely : ( a ) a person who is insured in respect of the plaintiff 's claim ; ( b ) a public authority ; or ( c ) a person whose means and resources are such as to enable him to make the interim payment . |
| 18 | The position at the moment is that the defendant tells me he would like to acquire the premises because erm a low criticism has , was made of the premises as being suitable for the carry on of the doctors surgery in partner , a doctor 's surgery in partnership because no doubt the space and other matters , er the defendant tells me that erm they are perfectly suitable for as it were a sole petitioner to carry on his practice from them and that is why he would like to acquire it . |
| 19 | The background to this injunction , as is apparent from its terms , was that the defendants had been ordered by a subpoena duces tecum issued in New York on 24 July 1990 to produce the documents referred to in the injunction . |
| 20 | The allegation was that the defendants had supplied contaminated water to the plaintiffs thereby causing them personal injury . |
| 21 | The prosecution case was that the defendant had fired deliberately at Paulette . |
| 22 | The ballistic expert 's evidence was that the defendant 's gun was fitted with a hammer block safety mechanism , which was in proper working order , so that it could only be fired if the trigger was fully pressed back . |
| 23 | Held , dismissing the appeal , ( 1 ) that either the mother as donee of the power of attorney had possessed sufficient general understanding and capability to have satisfied herself regarding the purport and effect of the transfer document and had failed to do so , or she had lacked ordinary competence and capacity , in which case the defendant , as donor , could not be allowed to repudiate the transfer to an innocent third party ; that , if the case was that the defendant had failed to inform the donee of the power of attorney , that lack of care also precluded him from relying on her ignorance of the power ; and that , therefore , the fact that the mother had been tricked into signing the transfer document without reading it , was not sufficient to sustain a plea of non est factum ( post , p. 679A–F ) . |
| 24 | The argument for the defence was that the defendant , being inside , was not ‘ in the vicinity of ’ the place , which meant outside . |
| 25 | The offence took its title from the French ‘ effrayer , ’ to frighten , and its essence was that the defendant deliberately took part in fighting or other acts of violence of such a character as to cause alarm to the public . |
| 26 | Counsel 's second argument was that all the evidence presented to the court was that the defendant had been seen engaging in actual violence , but not threatening it , as the section requires , On this submission the Court concluded that there was sufficient evidence in the narrative presented to the jury from which they were entitled to conclude that there was threatening behaviour . |
| 27 | The allegation of negligence was that the defendant had failed to observe a foetal abnormality during pregnancy and the plaintiff had been denied the possibility of an abortion . |