Example sentences of "strike out the " in BNC.
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| 1 | In particular if notice of an application for such an order has been given he may : ( a ) strike out the claim or defence if they show no reasonable cause of action or defence and enter judgment ( Ord 13 , r 5 ) ; ( b ) where £1,000 or more is claimed , upon submission of affidavit evidence proving the facts ( and proof of service of the application , copy affidavit and exhibits seven days before ) , enter summary judgment in a default action where there is no real defence . |
| 2 | Within a few months , in late 1954 , the Senate censured him and although Nixon , his loyal backer in the past , considerately struck out the word Censure from the resolution , which condemned him for conduct unbecoming to the Senate , he was finished in Washington . |
| 3 | Because the doctor has n't struck out the letters NP ( Latin for ‘ mark the name on the prescription ’ ) , the name of the drug will appear on the label . |
| 4 | Thus , in the example of the punishment of a one-eyed man who had struck out the eye of another person , the Pharisee would not approve of striking out the remaining eye of the offender , unlike the Sadducee , who would . |
| 5 | The plea or defence to this was that the notes were made jointly and severally by the defendant 's father , John Revill , and by Samuel Revill , as well as by the defendant , and that before the action the plaintiff , without the defendant 's knowledge or consent , struck out the name of Samuel Revill on the notes and wholly discharged him from liability . |
| 6 | The Court of Appeal held that there was no case prior to 1964 in which exemplary damages had been awarded to a plaintiff who proved particular damage resulting from public nuisance , and on that ground struck out the claim for exemplary damages . |
| 7 | In Gibbons v South West Water Services Ltd the Court of Appeal struck out the claim for aggravated damages , stating that , if the nuisance continued for longer than it should have done , the plaintiffs would be compensated by normal damages for having drunk more contaminated water . |
| 8 | The court struck out the contractor 's claim . |
| 9 | In Ixora Trading Incorporated v Jones [ 1990 ] 1 FSR 251 Mummery J struck out the plaintiffs ' writ and statement of claim which , inter alia , alleged breaches of express and implied duties of confidence . |
| 10 | If , for instance , a doctor prescribes sleeping tablets for occasional use only , he might strike out the NP and put ‘ sleeping tablets ’ in the NP box . |
| 11 | Should proceedings be commenced by a person under disability without a " next friend " , the court may on application appoint the authorised person , or person who gives an undertaking ( N 235 ) as to costs , as next friend , or may strike out the proceedings ( Ord 10 , r 3 ) . |
| 12 | my Lord , this is a problem which erm your Lordship 's had submissions from both parties and of course it goes to specialist separates , first of all one identifies , one takes one and strikes out the defending clauses within the agreements that infringe article eighty five on then applies the , the test of severance to see whether the residual agreements remain or stand , but we certainly have not depleted that the entire arrangement avoid but we pleaded the restrictions are avoid , my Lord er and that 's important because it could lead to consequence and we 're pleading it that and if for example er power in the erm standard form agency agreement was rendered void because it was an unlawful restriction , it does n't mean to say that erm an agent er a name might not of instructed an agent to write business , what we 're saying is they may not have instructed him to write all of the business that he did in fact did er write for example L M X spiral and , now if , if a particular defendant can say well have I been well you know proper position that I would of been and the restrictions not been in place I would of instructed the agent to do precisely what he did , then of course he has no defence , that 's a que that 's a point , if he says well erm I , the facts suggest and established that I would never , ever have allowed the agents to underwr to write L M X spiral business and , and the only reason he was able to do that was because of the restrictions then he can escape liability for that part of the business underwritten |
| 13 | A request too widely drawn can sometimes be acted upon in part , the court striking out the parts which are unacceptable ; but the court will not undertake the task of redrafting the request . |
| 14 | Held , dismissing the appeal , that the liability imposed under section 1(1) of the Act of 1978 was intended by Parliament , by virtue of section 6(1) of the Act , to enable claims for contribution to be made as between parties who had no claim for contribution under the general law , and applied whenever a plaintiff had a cause of action against a third party in respect of the same damage as gave rise to his cause of action against the defendant , irrespective of the legal basis of the liability ; and that , accordingly , the defence of ex turpi causa non oritur actio could not be relied upon in answer to a claim for contribution under the Act ; and that , since there was sufficient possibility of the third party being found liable for some part of the plaintiffs ' loss , there were no grounds for striking out the third party notice ( post , pp. 1022H — 1023A , G–H , 1024G — 1025D ) . |
| 15 | Thus , in the example of the punishment of a one-eyed man who had struck out the eye of another person , the Pharisee would not approve of striking out the remaining eye of the offender , unlike the Sadducee , who would . |
| 16 | Savory Milln applied to strike out the action on the grounds that there was no basis for the claim ( see Eagle Trust plc v SBC Securities Ltd [ 1992 ] 4 All ER 488 ) . |
| 17 | The High Court also refused the taxpayer 's application to strike out the Crown 's appeal against the Special Commissioner 's decision by using its discretion under RSC Ord 18 , r 19 ; there was no plain and obvious case for so doing . |
| 18 | An order was also sought to strike out the Crown 's application to strike out the taxpayer 's appeal because , in addition , it had delayed a fair trial of the action and was otherwise an abuse of process . |
| 19 | An order was also sought to strike out the Crown 's application to strike out the taxpayer 's appeal because , in addition , it had delayed a fair trial of the action and was otherwise an abuse of process . |
| 20 | The taxpayer 's motion to strike out the Crown 's appeal therefore failed . |
| 21 | The Crown applied to strike out the originating summons on the grounds that the point at issue was within the Special Commissioners ' exclusive jurisdiction . |
| 22 | Dismissing the Crown 's application to strike out the summons , Mr Justice Mervyn Davies said that the question the plaintiff posed was whether the Revenue could invoke s 485 , TA 1970 in the course of the appeals . |
| 23 | Accordingly , the Court declined to make any order on the originating summons and the Revenue 's application to strike out the summons would be dismissed . |
| 24 | The defendants applied to strike out the statement of claim of the local authority on a preliminary issue on the grounds that the authority could not maintain an action in libel for words which reflected on it in relation to its governmental and administrative functions and that the statement of claim disclosed no cause of action . |
| 25 | Potts J. dismissed the defendants ' application to strike out the statement of claim as disclosing no reasonable cause of action . |
| 26 | Technically the appeal against the decision of Potts J. is interlocutory because decided on an application by the defendants to strike out the claim as disclosing no reasonable cause of action , while the appeal against the decision of Phillips J. is a final appeal because his decision was on a question directed by consent to be tried as a preliminary issue . |
| 27 | Held , dismissing the appeal , that , if there had been a contravention of section 3 of the Act of 1986 , an order could be made under section 6(2) against both the contravener and persons knowingly concerned in that contravention provided that such order was intended to restore all the parties to specific transactions to their respective former positions and that the steps ordered to be taken were reasonably capable of achieving that object ; that , on a contravention of one of the provisions of section 6(1) ( a ) , an order could be made under the subsection against persons knowingly concerned in the contravention provided that the steps ordered to be taken were reasonably capable of remedying the contravention ; that such restitutionary orders could be made notwithstanding that the persons knowingly concerned had received nothing under the impugned transactions , there being no distinction between the type of order that could be made under the subsections against a contravener and a person knowingly concerned ; and that , accordingly , the judge had been right to dismiss the solicitors ' summons to strike out the S.I.B . 's claims against them ( post , pp. 907C–D , F–G , G–H , 909D–G , G–H , 910D , 913D–G , H — 914A , 915C–D ) . |
| 28 | This is an appeal from the refusal of Sir Nicolas Browne-Wilkinson V.-C. [ 1991 ] 3 W.L.R. 857 to strike out the relief claimed in the action by the plaintiff , the Securities and Investments Board ( ‘ S.I.B . ’ ) , |
| 29 | Accordingly it would not be right to strike out the third party notice on the ground that the claim to contribution is doomed to failure . |
| 30 | Anti-abortionists in the House , faced with growing defections from their ranks , abandoned the struggle to strike out the clause , and chose instead to rely on a promise by President George Bush , on June 4 , to veto the legislation . |