Example sentences of "fact that [art] defendant " in BNC.
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| 1 | In Attorney General v Squire , it was held that obnoxious odours from pigs kept by the defendants , and arising from the number of animals , the place in which they were kept , and the food with which they were fed , were such as to create a public nuisance , and in Attorney General v Cole and Son noxious gases created by the defendant carrying on the trade of fat-melter were also held to be a public nuisance despite the fact that the defendant had carried on his trade , in a proper manner and in the same way for 30 years . |
| 2 | Their Lordships concede that the judge erroneously classed as hearsay some evidence which , though tenuous , was admissible , but they consider that the evidence of Paulette 's drug addiction could not , if admitted , have affected the outcome , particularly having regard to the fact that the defendant 's own evidence did not tend to show that Paulette was affected by drugs at the material time . |
| 3 | However , quite apart from the fact that such a statement does not accommodate cases of emergency — cases where the defendant 's unlawful conduct could , unless restrained , cause serious and irreparable harm before trial , as for example where the defendant threatens to cut down a tree in breach of a tree preservation order — in other cases it is usually not so much the flagrancy of the breach as the fact that the defendant intends to persist in offending unless restrained by an injunction , which justifies the invocation of that form of relief : see City of London Corporation v. Bovis Construction Ltd . |
| 4 | It would be startling if the mere fact that the defendant invoked a Community law defence , with sufficient substance ( but no more ) to escape rejection under the narrowly drawn principle of acte clair , should be capable of itself of excluding this useful jurisdiction , thus providing encouragement to those seeking to profit from law-breaking activities to adopt this method of prolonging what may prove to be a source of illicit profit . |
| 5 | There are cases in which an interlocutory injunction has been granted , despite the fact that the defendant was raising a defence to the alleged crime . |
| 6 | In Portsmouth City Council v. Richards [ 1989 ] 1 C.M.L.R. 673 , the Court of Appeal upheld the grant of an interlocutory injunction restraining the operation of sex shops , despite the fact that the defendant had raised a defence under article 30 of the Treaty . |
| 7 | The Chief Justice 's reference to the lack of an equal footing was , in my view , to the fact that the defendant was in a position to force the plaintiff to comply with the lawful demand if he wished to obtain the necessary licence to continue to trade , and not simply to the fact that the defendant held an official position whereas the plaintiff did not . |
| 8 | The Chief Justice 's reference to the lack of an equal footing was , in my view , to the fact that the defendant was in a position to force the plaintiff to comply with the lawful demand if he wished to obtain the necessary licence to continue to trade , and not simply to the fact that the defendant held an official position whereas the plaintiff did not . |
| 9 | As one author has put it , non-natural use was originally ‘ an expression of the fact that the defendant has artificially introduced onto the land a new and dangerous substance . ’ |
| 10 | The Court concluded , rightly it is submitted , that the mere fact that the defendant happens to have committed another offence in addition to the one with which he has been charged should not preclude a conviction . |
| 11 | The fact that the defendant was intoxicated , and his awareness was impaired for this reason will not avail , since the Act expressly provides that it should not do so . |
| 12 | The fact that the defendant might not himself have called the state of affairs an obstruction is , to my mind , immaterial . |
| 13 | When assessing the plaintiff 's conduct the court will make allowance for the fact that the defendant 's negligence has placed the plaintiff in a dilemma . |
| 14 | Second , the fact that the defendant thought that the land was his own will not be a defence ( Smith v Stone ( 1647 ) Sty 65 ) . |