Example sentences of "of [art] first defendant " in BNC.

  Next page
No Sentence
1 ‘ ( a ) setting out with full particulars all dealings by the first defendant or anyone on his behalf with : ( i ) the moneys referred to in schedule 1 to this order ; and ( ii ) all and any sums or assets representing or derived from those moneys ; and … ( c ) exhibiting copies of all documents which relate to the receipt or transfer of , or dealing with all such assets , and in particular all such documents as are set out in schedule 3 hereto and are in the possession custody or power of the first defendant .
2 Mr. Morgan was a friend of the first defendant and had become acquainted with the deceased through the first defendant .
3 Mr. Morgan is a friend of the first defendant .
4 They knew from entries in the deceased 's diary which had come to their attention that the new will would be in favour of the first defendant .
5 In these circumstances , the evidence of the first defendant , Mr. Morgan and Miss Calagarri of testamentary capacity required to be looked at with special care and caution .
6 By a notice of appeal dated 18 February 1991 the second defendant appealed on the grounds , inter alia , that the judge erred ( 1 ) in concluding that the first defendant was not acting as the plaintiffs ' agent when he procured the signature of the second defendant to the legal charge dated 3 July 1987 ; and ( 2 ) in not finding that the execution of the charge was procured by the undue influence and material misrepresentation of the first defendant and thereby in not setting aside the charge .
7 By a notice of appeal dated 12 December 1990 the plaintiffs appealed on the grounds , inter alia , ( 1 ) that the judge erred in law in holding that the first defendant was entitled to add to any security , all the costs charges and expenses , however unreasonable they were ; ( 2 ) the judge failed to follow the decision in In re Adelphi Hotel ( Brighton ) Ltd. [ 1953 ] 1 W.L.R. 955 ; ( 3 ) the judge erred in law in construing the charging covenants of the legal mortgage which were all in similar terms that all costs charges and expenses howsoever incurred by the first defendant or any receiver under or in relation to the mortgage or such indebtedness or liabilities on a full indemnity basis as allowing the first defendant to charge as it pleased however unreasonable such a charge might be ; and ( 4 ) the judge erred in law in not construing that provision as a provision providing for taxation or computation on an indemnity basis of the first defendant 's costs , charges and expenses .
8 ‘ unless … ( a ) the court has deprived the first defendant ( as mortgagee ) of any relevant costs ; or ( b ) the court has ordered taxation of any relevant costs on some other basis save where there is no inconsistency between such an order and the preservation of the first defendant 's contractual right to payment of such costs ( for example , where such an order has been , or is hereafter , made against the mortgagors or any of them and other persons joined as co-plaintiffs or co-defendants with the mortgagors or any of them ) .
9 The said transactions and each of them were so entered into : – ( i ) in the course of the first defendant 's contravention of section 3 of the Act for the period ( July 1988 to March 1989 ) when the third to fifth defendants were knowingly concerned therein and/or ( ii ) as a result of contraventions of sections 47 and 57 in which the third to fifth defendants were knowingly concerned .
10 Where the causes are successive and the second defendant 's breach of duty has caused the same damage as that of the first defendant , the but for test will exonerate the second defendant .
11 The car had previously been in a collision caused by the negligence of the first defendant .
12 The negligence of the first defendant caused an accident .
  Next page