Example sentences of "of [art] plaintiff [unc] " in BNC.
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| 1 | 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 . |
| 2 | The appellant appealed on grounds , not raised below , that the judge had no power under Order 5 , rule 5 to entertain an application by the defendant for enforcement against the appellant of the plaintiff 's judgment against the defendant and that any claim by the defendant against the appellant was statute barred . |
| 3 | It made no express reference to proceedings between a named representative of a class and a member of that class who might well have sharply different interests , as betweeen themselves , as to the substance of the plaintiff 's claim . |
| 4 | Mr Alastair Brett , for the journalist and Times Newspapers Limited , said : ‘ The defendants , having made extensive inquiries into the allegation , are quite satisfied that Mr Bouvier was not the father of the plaintiff 's twins and very much regret that the allegation was ever published . |
| 5 | It is most unlikely for an odour per se to cause actual physical damage , but where it causes a diminution in the selling value of the property or injures the plaintiff 's business by , for example , causing potential customers to be lost , this may be regarded as sufficient invasion of the plaintiff 's interest to be tortious . |
| 6 | On 2 October 1990 the inspector requested accounts of and details of transactions with one of the plaintiff 's subsidiaries , B ( Pte ) Ltd ( a Singapore company ) , as it was possible that this information would lead to the amendment of existing assessments . |
| 7 | Having taken legal advice on the merits of the plaintiff 's claim , the defendant decided to offer a settlement figure , with each party bearing their own legal costs , in order to avoid the expense of protracted litigation . |
| 8 | Service of the plaintiff 's statement of claim , if not endorsed on the writ already |
| 9 | The nature of the plaintiff 's claims , and the questions in issue , will have been identified . |
| 10 | On the other hand , the order was ‘ highly localised ’ ( and so unlike a negative injunction or even a mandatory order to commence proceedings abroad ) and was normally to be executed under the supervision of the plaintiff 's solicitor , who was an officer of the court . |
| 11 | The use of substantial bank guarantees in support of the plaintiff 's undertakings would not necessarily be either practicable or , certainly where a foreign State was plaintiff , appropriate . |
| 12 | The cost of travel to the place of trial will also be relevant ; in an extreme case , the expense of the plaintiff 's own journey to the only available forum might exceed the value of the claim , though in other cases legal aid may be available to cover those costs . |
| 13 | A date for the hearing of the plaintiff 's application was fixed to take place on 6 June 1991 at the Watford County Court . |
| 14 | ( I have taken this summary of the plaintiff 's argument from the judgment of Lord Donaldson M.R. , at p. 324h . ) |
| 15 | By a consent order dated 1 July 1988 the proceedings against the second defendant were stayed , pursuant to an agreement between the plaintiff and the second defendant , entered into by the second defendant in ignorance of the plaintiff 's agreement with the first defendant , under which the second defendant paid the plaintiff £18,000 and costs . |
| 16 | Looking at the terms of the agreement as contained in the letter from Hunter 's attorney , and the receipt , it is manifest that the payment was not made in discharge of the plaintiff 's rights against all other parties ; and the result of the whole is , that it does not operate as a release , or matter which could have been pleaded as an accord and satisfaction , but amounts merely to an engagement not to sue Hunter , which can only be pleaded by himself ; if the action , therefore , had been brought against two parties , it would not have been a discharge to both . |
| 17 | Or , it may be considered as a release to one , qualified by a reservation of the plaintiff 's rights against the other , as in Solly v. Forbes ( 1820 ) 2 Br. & B. 38 . |
| 18 | ‘ But we do not proceed on some of the grounds mentioned at the bar , such as the effect of the plaintiff 's alteration of the instrument as making it void , or that the defendant thereby lost his right to contribution from the joint makers of the note ; nor on any doctrine as to the relation of principal and surety . |
| 19 | Oliver L.J. , speaking of the plaintiff 's officer who had dealt with the matter , said , at p. 1200 : |
| 20 | … In the present case it is not even averred that the defendants knew of the pregnancy of the plaintiff 's mother when they received her as a passenger ; it is merely averred that in fact she was then quick with child , viz. with the plaintiff , to whom she subsequently gave birth . |
| 21 | Gillard J. also accepted that the moment that the injury was sustained by the plaintiff was , or should be deemed to be , the moment of the plaintiff 's birth . |
| 22 | In deciding whether the case is a proper one for service out of the jurisdiction , one of the circumstances the court will take into account is the strength or weakness of the plaintiff 's claim in the proceedings . |
| 23 | Where a foreign element is involved one of the factors which the court will consider is the apparent strength or weakness of the plaintiff 's claim that the defendant has a sufficient connection with England , in respect of the relief sought in the proceedings . |
| 24 | The defendants counterclaimed for their commission on the sale of the plaintiff 's house . |
| 25 | Held , dismissing the appeal , that since it was the business of estate agents to act for numerous principals , several of whom might be competing and whose interests would conflict , a term was to be implied in the contract with such an agent that he was entitled to act for other principals selling similar properties and to keep confidential information obtained from each principal and that the agent 's fiduciary duty was determined by the contract of agency ; that since the plaintiff knew that the defendants would be acting for other vendors of comparable properties and would receive confidential information from them , the agency contract could not have included terms requiring them to disclose that confidential information to him , or precluding them from acting for rival vendors , or from trying to earn commission on the sale of another vendor 's property ; and that , accordingly , although the purchaser 's interest in acquiring both properties was material information which could have affected negotiations for the sale price of the plaintiff 's house , the defendants were not in breach of their duty in failing to inform the plaintiff of the agreement to buy the adjacent house , which was confidential to the owner thereof , and the defendants ' financial interest in that sale did not give rise to a breach of fiduciary duty ( post , pp. 941A–B , G–H , 942A–B , G — 943B ) . |
| 26 | APPEAL ( No. 6 of 1991 ) with leave of the Court of Appeal of Bermuda by the plaintiff , Horace Brenton Kelly , from the judgment of the Court of Appeal of Bermuda ( Blair-Kerr P. , Roberts and Henry JJ.A. ) given on 30 November 1989 allowing an appeal by the defendants , Margot Cooper and Helen Cooper ( trading as Cooper Associates , a firm ) from the judgment of Hull J. delivered on 14 November 1988 in the Supreme Court of Bermuda ( Civil Jurisdiction ) , whereby he awarded the plaintiff $200,000 damages for breach of contract and made a declaration that the defendants were not entitled to commission on the sale of the plaintiff 's property , and the defendants ' counterclaim for commission was dismissed . |
| 27 | This is an appeal from a judgment dated 30 November 1989 of the Court of Appeal of Bermuda ( Blair-Kerr P. , Roberts and Henry JJ.A. ) allowing an appeal from a judgment of Hull J. dated 14 November 1988 of the Supreme Court of Bermuda ( Civil Jurisdiction ) awarding the plaintiff , Mr. Kelly , damages in the sum of $200,000 , declaring that the defendants , a firm of estate agents trading as Cooper Associates , were not entitled to commission on the sale of the plaintiff 's property , Caliban , and dismissing the defendants ' counterclaim for such commission . |
| 28 | The first defendant told Mr. Perot of the plaintiff 's response . |
| 29 | If the injury due to the escape of the noxious thing would not have occurred but for the unusual sensitiveness of the plaintiff 's property , there is some conflict of authority whether this can be regarded as default of the plaintiff . |
| 30 | Thus it may be committed by wrongfully taking possession of goods , by wrongfully disposing of them , by wrongfully destroying them or simply by wrongfully refusing to give them up when demanded , for in all these cases can be traced conduct by the defendant which amounts to a denial of the plaintiff 's rights or the assertion of inconsistent rights . |