Example sentences of "leave to apply for a " in BNC.
Next page| No | Sentence |
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| 1 | The leave procedure focuses attention on remedies ( more than on the merits of the applicant 's case ) because ‘ leave ’ is leave to apply for a remedy . |
| 2 | When an applicant seeks leave to apply for a remedy of certiorari or prohibition , RSC Ord. 53 , r. 3(10) ( a ) allows the court to order that the granting of leave shall operate as a ‘ stay of proceedings ’ , preventing the decision-maker taking any further action against the applicant pending the hearing of the application . |
| 3 | Held , allowing the appeal and granting the applications , that since on an application for the grant of leave under section 8 no question with regard to a child 's upbringing was determined , and since section 10(9) stipulated particular matters , including parental wishes , to which the court was to have regard on such an application , section 1(1) did not apply so as to make the children 's welfare the paramount consideration on an application for leave to apply for a residence order made by a person other than the child concerned ; and that , accordingly , the judge had applied the wrong test ; that as a result of his failure to require that the mother be notified of the application the judge had been deprived of additional material necessary to the proper exercise of his discretion ; and that in the exercise of a fresh discretion , having regard to the new evidence and to the circumstances of the case , the foster mother 's application for leave would be refused ( post , pp. 428G — 429F , 430F , 431C–E ) . |
| 4 | She was not told of the foster mother 's application for leave to apply for a residence order and knew nothing about it until after leave had been granted . |
| 5 | The foster mother 's application for leave to apply for a residence order under section 8 was governed by section 10(9) which provides : |
| 6 | In my judgment the judge was wrong in holding that on an application for leave to apply for a section 8 order by a person other than the child concerned , the child 's welfare is the paramount consideration . |
| 7 | ( 1 ) In granting or refusing an application for leave to apply for a section 8 order , the court is not determining a question with respect to the upbringing of the child concerned . |
| 8 | ( 2 ) Some of the express provisions of section 10(9) — for example paragraphs ( c ) and ( d ) ( i ) — as to the matters to which the court is to have particular regard in deciding an application for leave to apply for a section 8 order would be otiose if the whole application were subject to the overriding provisions of section 1(1). ( 3 ) There would have been little point in Parliament providing that the court was to have particular regard to the wishes and feelings of the child 's parent , if the whole decision were to be subject to the overriding ( paramount ) consideration of the child 's welfare . |
| 9 | 594 ) , that on an application for leave to apply for a residence order with respect to a child in the care of a local authority : ‘ Only in quite exceptional cases would leave be granted against the wishes of the local authority . ’ |
| 10 | That expression of opinion by the Law Commission can have no relevance to the construction of the Act , whilst any bearing it might otherwise have had on the matters which the court should take into account in exercising its discretion whether to grant leave to apply for a residence order in respect of a child in the care of a local authority has clearly been superseded by the express provisions of the Act . |
| 11 | A local authority seeking leave to apply for a prohibited steps or specific issue order may therefore apply in the magistrates ' court , the county court or the High Court . |
| 12 | Section 10(9) of the Children Act lays down specific criteria which the court must apply when an applicant seeks leave to apply for a s8 order ( see pp171-172 ) . |
| 13 | Certain other individuals are entitled to seek a residence or contact order as of right but must obtain leave to apply for a prohibited steps or specific issue order ( s10(5) ) . |