Example sentences of "under order " in BNC.
Next page| No | Sentence |
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| 1 | The defendant applied for an order that the five other members of the management committee , including the appellant , be joined under Order 5 , rule 5 as persons responsible to pay damages and costs to the plaintiff . |
| 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 | LORD JUSTICE RALPH GIBSON said that neither the plaintiff nor the defendant applied to the court at any time before judgment for an order under Order 5 , rule 5(2) appointing the defendant to represent all or any of the members of the management committee . |
| 4 | There was no reason to suppose that in proceedings under Order 5 , rule 5 , it was intended to enable a named representative defendant to claim against a member of the represented class without complying with the requirements of the county court rules . |
| 5 | Accordingly the county court judge had no power under Order 5 , rule 5 to make the order by which , on the defendant 's application , the appellant was ordered to pay £861 . |
| 6 | It was not necessary for the court to decide the issues raised on the ground that the judge was wrong to treat the proceedings as properly constituted representative proceedings , although the vital importance of the making of an application under Order 5 , rule 5(2) promptly and before judgment was observed . |
| 7 | Accordingly , the haulier had to endorse his receipt for the electronic goods ‘ items under order number 7532 missing ’ . |
| 8 | In the absence of Jim Dalliton on holiday , Jack Robinson promised the haulier that , given the items under order number 7532 were still not available for collection from Corby , Computex would have to make separate arrangements for these items to be delivered . |
| 9 | Public judicial review actions are actions brought by way of an Application for Judicial Review ( AJR ) under Order 53 of the Rules of the Supreme Court ( RSC ) . |
| 10 | But in other cases , an application for a declaration or injunction may be made under Order 53 but may alternatively be made by way of an action begun by writ or originating summons . |
| 11 | The standing rule for public actions and for hybrid action brought under Order 53 is laid down in RSC Ord. 53 r. 3(7) . |
| 12 | There were no relevant standing rules governing applications for declarations and injunctions before the enactment of rule 3(7) because before then these remedies could not be applied for under Order 53 , but only in private actions . |
| 13 | The implication of this decision is that whether or not an applicant has standing does not depend on which remedy of those available under Order 53 is sought . |
| 14 | In certain cases declarations and injunctions can also be sought under Order 53 ; and a claim for damages can be joined to an AJR if it arises out of a matter to which the AJR relates and provided the court is satisfied that the applicant has a case in private law for the award of damages . |
| 15 | The first important difference is that under Order 53 the applicant must first apply for leave to make an AJR . |
| 16 | Protecting Private Law Rights under Order 53 |
| 17 | The position of the litigant who wrongly brings a case under Order 53 is different because Ord. 53 r. 9(5) may allow the case to continue as if it had been started by ordinary writ procedure . |
| 18 | it is served through the authorities of the foreign country or through British consular authorities in accordance with Order 11 , rule 6 , which is examined in more detail below , or ( in the case of service on a foreign State itself ) under Order 11 , rule 7243 ; |
| 19 | it is served in accordance with an order for substituted service made under Order 65 , rule 4244 . |
| 20 | In England , discovery is dealt with under Order 24 of the Rules of the Supreme court . |
| 21 | The only possible basis for jurisdiction in that case was the service of the writ out of the territorial jurisdiction under Order 11 of the Rules of the Supreme Court . |
| 22 | The alternative mode of procedure is for the court to make an order under Order 39 , rule 1 of the Rules of the Supreme Court for the issue of a letter of request to the judicial authorities of the country in which the proposed witness is , asking that they take , or cause to be taken , the evidence of that person . |
| 23 | added , however , that the offers of accommodation which were expected to be made pursuant to the resolution of the local authority could ‘ be made the subject of fresh proceedings under Order 53 or by way of writ , as the recipients may be advised by counsel . ’ |
| 24 | Further applications in committal proceedings where no error by the court at the original hearing is alleged should be dealt with by an application to the county court for a rehearing under Order 37 of the County Court Rules 1981 . |
| 25 | That said , however , the course which should normally be followed , if circumstances such as those before us ever arise again , is for the defendant to apply to the county court for a rehearing under Order 37 of the County Court Rules , and to adduce his affidavit evidence in support of that application . |
| 26 | We think there is very strong ground for saying that it does , and that by recognising both potential criminal origins in section 211 and then by channelling all judicial review applications together by section 21K under Order 53 , the legislature was providing for all . |
| 27 | ‘ Where Parliament has designated a public officer as decision-maker for a particular class of decisions the High Court , acting as a reviewing court under Order 53 , is not a court of appeal . |
| 28 | One of the banks succeeded in obtaining judgment under Order 14 of the rules of the Supreme Court . |
| 29 | He can do this whether the interim payment was voluntary or under Order . |
| 30 | Well the , the fourth point in relation to er we say that the point has been fully pleaded , corsation is a question of fact , the , er , it 's not an issue which we say arises on these preliminary issues and can raise it er under order eighteen , rule nineteen , if they so wish , that is traditionally the places where it seems nexus points arise erm and they will put in , er app , we will put in , the defendants will put in appropriate evidence at that point , depending upon whether the , the strike out allows evidence and how they frame their strike out , but the nexus point is fully pleaded , we set out step by step and in relation to er restrictions how they were caused the loss , my Lord at that point , at this point we believe that 's all we have to do and certainly we believe that it be sufficient to get over a strike out |