Example sentences of "court have [to-vb] " in BNC.
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| 1 | Whatever the nature of the amenities lost the court has to assess the effect of the deprivation of those amenities upon the particular plaintiff . |
| 2 | But in practice we think it is a reasonable approach because of the powers which the court has to deal with unmeritorious points . |
| 3 | Thus in ordinary custody disputes between father and mother the status quo often dictates the answer which the court has to give , notwithstanding that the status was achieved in circumstances which the court may regard with disfavour . |
| 4 | The striking out is automatic as compared with Ord 13 , r 3(4) where the court has to give notice of intention to strike out where no action has been taken for 12 months . |
| 5 | The court has to decide whether the mother 's refusal was outside the band of what a reasonable mother might do . |
| 6 | The court has to decide what standard of care it would be reasonable to expect a parent to give to the child . |
| 7 | On conviction , the court has to set a value on the drug assets earned during the previous six years , and a confiscation order . |
| 8 | But the court has to do the best it can by way of what are really conventional figures in relation to injuries , the court assessing , of course , on the individual facts of the case , what is sometimes called the tariff , making adjustments for particular facts of the particular case . |
| 9 | In cases in which pain and suffering is not expected to continue for life the court has to form a view as to how long it is likely to continue . |
| 10 | Where the defendant 's breach of duty is followed by a third party act which is also a cause of the plaintiff 's damage , the court has to determine the extent of the defendant 's liability . |
| 11 | The family proceedings court has to look at the Welfare Checklist ( section 1 , 1989 Children Act ) and , as the writers say , the conflict between the child 's welfare being paramount and the need to protect the community present a real paradox . |
| 12 | That means that the court has to consider the position immediately before an emergency protection order , if there was one , or an interim care order , if that was the initiation of protection , or , as in this case , when the child went into voluntary care . |
| 13 | Under section 1(4) ( b ) of the Children Act 1989 , the court has to consider the guidelines under section 1 in deciding whether to make a care order or supervision order . |
| 14 | The court has to consider the child 's welfare as the court 's paramount consideration , and also has to consider the various aspects referred to under section 1(3) , that is they have to consider the wishes of the children , their needs , the likely effects on the children of change , the characteristics of the children , the nature of the harm they have suffered and the capability of the parents or anybody else offering themselves as carers , which would include of course the grandparents in this case . |
| 15 | But what the court has to consider is the third party 's responsibility for the damages in question . |
| 16 | In case of doubt the court has to guess what meaning Parliament would have picked on if it had thought of the point . |
| 17 | This court has to balance the competing interests of the freedom of the press to provide information , to comment , criticise , offend , shock or disturb , against the right of a governmental corporation to be protected against the false , or seriously inaccurate , or unjust accounts of its activities . |
| 18 | It is clear that in exercising the discretion the court has to balance the requirements of the liquidator against any possible oppression to the person to be examined . |
| 19 | ‘ the simple facts which the court has to find are whether the defendant 's conduct in fact prevented the police from carrying out their duty , or made it more difficult for them to do so , and whether the defendant intended that conduct to prevent the police from carrying out their duty or to make it more difficult to do so . ’ |
| 20 | In this connection , the court has to recall that freedom of expression , as secured in paragraph 1 of article 10 , constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual 's self-fulfilment . |
| 21 | I think this test is equally app ] icable to the decision this court has to make whether a voidable contract has been affirmed or not and I have applied this test in reaching the conclusion I have just expressed . |
| 22 | In approaching this case the court first stated that there were many cases where a court has to construe a standard clause in , for example , a charter party , and there may be some earlier decisions on the same clause or on a clause which is in terms which are indistinguishable . |
| 23 | Mr replied that is what Mr was asking the other to do , that is to hold their hand and to enter into negotiations , now I fully appreciate that erm doctor feels strongly that the defendants have not been negotiating in good faith and have been simply dragging matters out for his benefit , now when I say that I 'm simply saying what I understand to be doctor view , I 'm certainly not suggesting that I 'm finding as a fact , but that was the decision , indeed I could n't cos I 've not heard all the evidence on this matter not as Mr to address me on that one , it seems to me with all respect to doctor missions on this matter that if there has been any dragging of feet or other improper conduct of either the defendants in connection with er they remain on in the premises and not paying what doctor would consider to be a full and proper rent or if there has been problem about their not disclosing documents when they should have done , the position is that doctor has er by making an appropriate application to the court , for maybe the appropriate relief arising out of the facts which he can establish , but that is not in general a matter which erm the court should go into on the question of taxation , it 's not , th this particular taxation of costs is a taxation as I understand it that are formally to the debt of the order of Mr Justice and there is thus no question of the court having to consider the question when the those tax those costs have been swollen or increased in any way by reason of spinning out negotiations whether to run up costs or otherwise , that simply does n't arising it seems to me in this case that maybe a matter which may arise possibly at some future date , though I would hope it would not do so , but er so far as the costs down to the end of the trial of the twentieth of March nineteen ninety one are concerned , it seems to me the fact that the parties maybe negotiating subsequently to deter to rece to resolve the outstanding issue , it 's not a matter which really goes to the question of erm what is the proper amount to allow for taxation of costs which have already been incurred , before these negotiations erm we do n't the figure of the costs appears to have been effectively agreed between the solicitors at forty two thousand pounds , the plaintiff solicitors made it quite clear that they were seeking interest , this was clear in apparently of nineteen ninety two , but this held their hand , er it seems to me the reason they held their hand rather than indicate it was because the defendant through his solicitor was asking them to do so and it seems to me that Mr was acting very sensibly in the defendants interest , because if in fact they had gone ahead and taxed their costs there and then the position would simply be that there would of been an award for taxation , in order , there would be a taxation resulting in an order for payment of of some cost probably in the region of forty two thousand pounds and er that order would itself carry interest under the judgements act , it does n't seem to me it can be sensibly said that erm any interest has to be in any way increased by reason of this delay and it seems to me that erm if one looks at order sixty two and twenty eight er certainly under paragraph B two erm there 's a reference there to any additional interest payable under section seventeen because of the failure on the May , erm , it does n't seem to me that the effect of what has in fact incurred , in this case has been , caused any additional interest to be paid and er it seems to me the only best that I can see in the evidence before me to , which would enable the court to erm , conclude that there should be a disallowance of interest would be as I say because the plaintiffs appear not to have perfected the order for the payment of perfectively two years , just over two years , erm it seems to me however that , that on balance probably it simply a matter of oversight and even if it had been perfected it would n't of made as I guess the least bit of difference to the way the negotiations er proceeded and accordingly I take the view that erm there are no grounds for disallowing interest from either the plaintiffs bill of costs or the defendants bill of costs , accordingly erm to allow the defendants appeal in preparation to the disallowance of costs er interest and to dismiss the defendants appeal for application in relation to an additional period , P sixty of course disallowed , I also propose to dismiss the sum of , the appeal by the plaintiffs from the refusal of taxing master to disallow the interest on the defendants bill of costs . |
| 24 | This court had to decide in In re J. ( A Minor ) ( Wardship : Medical Treatment ) [ 1991 ] Fam. 33 whether to withhold consent to abstain from giving mechanical ventilation in the interests of artificially prolonging life , whatever pain and suffering would thereby be caused to the child . |
| 25 | In Cottee v. Douglas Seaton ( Used Cars ) Ltd. ( 1972 D.C. ) the court had to decide to what extent an honest man could be guilty under the section . |
| 26 | The court had to decide whether the damage was solely as a result of the negligence of the plaintiff 's husband or whether the negligence of his workmate was also a factor . |
| 27 | So , if an exemption clause was part of the contract and if on its wording it excused one party from a given liability , then the court had to give effect to the clause , i.e. that party ( usually the seller ) had a valid defence . |
| 28 | There have been moments during the argument in this case when it appeared to be suggested that the court had to do with a grave case involving what is called the right of public meeting . |
| 29 | Those who found difficulty in settling at Bunce Court had to sort out their own problems . |
| 30 | Moreover , these variations were found not to be fully explained by differences in either the kind of offences with which each court had to deal , or the offenders coming before them . |