Example sentences of "[noun sg] [pron] the court " in BNC.
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| 1 | However , the labels used in the United States also react with and influence the result which the court believes to be correct . |
| 2 | The legislative purpose of the Trade Union and Labour Relations Act 1974 , said Lord Scarman , was ‘ to sweep away not only the structure of industrial relations created by the Industrial Relations Act 1971 , which it was passed to repeal , but also the restraints of judicial review which the courts have been fashioning one way or another since the enactment of the Trade Disputes Act 1906 … |
| 3 | The condition which the court imposed was in the very terms subsequently incorporated in paragraph 33 of Buckley J. 's order . |
| 4 | The problem encountered in Australia , of the doctrine being too complicated for juries , was the result of a six-stage direction which the courts developed ; surely the essence of the doctrine can be conveyed more simply than that , rather than destroying it entirely . |
| 5 | Thirdly , a court might decline to allow judicial review if it thought that the alternative dispute-settling body possessed relevant expertise which the court lacked ; or , fourthly , if the case raised issues which could be considered by the alternative body but not by the court on judicial review ; or , fifthly , if the alternative body 's procedure was better suited to resolving the case than judicial review procedure . |
| 6 | Under section 6(1) of the Act a court will not be able to pass a community sentence unless it is of the opinion that the offence ( or the combination of any two of the offences concerned ) is sufficiently serious to justify such a sentence ( it is a question of argument whether this is a reference to any kind of community sentence , or to the particular kind of community sentence which the court has in mind ) . |
| 7 | ‘ So it emerges from these authorities that the retention of moneys known to have been paid under a mistake at law , although it is a course permitted to an ordinary litigant , is not regarded by the courts as a ‘ high-minded thing ’ to do , but rather as a ‘ shabby thing ’ or a ‘ dirty trick ’ and hence is a course which the court will not allow one of its own officers , such as a trustee in bankruptcy , to take . |
| 8 | Each of the component parts of the restriction should be incorporated into the agreement in such a way that any provision which the court might feel goes beyond the bounds of reasonableness can be severed under the " blue pencil test " leaving the bulk of the desired restriction in full force . |
| 9 | The offending title was Fifteen Plagues of a Maiden-Head which the court found obscene but not punishably so . |
| 10 | But since justice is not justice unless even-handed , so that one man gets roughly the same treatment from the courts as another in comparable circumstances , and since the law requires that compensation be awarded for physical injuries , and the only kind of compensation which the courts can award is money , the courts are compelled to make a pragmatic solution . |
| 11 | It must , moreover , be noted that the only requirement which the court held to be justified under the quota system in Ex parte Jaderow Ltd. concerned precisely the operations of the vessels . |
| 12 | This led some policemen to enjoy the sport which the court room offered ( Holdaway 1983 : 74 ) . |
| 13 | If she does not , they will have the consolation of knowing that they did all and more than could have been expected of those unfamiliar with the assistance which the court can give in such situations . |
| 14 | In England the courts are almost certain to take the view that the way taxes are spent is a political question which the courts are not the proper bodies to consider , and that no taxpayer has sufficient interest to raise this matter in court . |
| 15 | Using this " undue burden " criterion , the Court then ruled by seven votes to two ( with Blackmun and Stevens dissenting ) in favour of upholding almost all of the restrictive provisions of the Pennsylvanian law [ see pp. 38714-15 ] , including a 24-hour waiting period which the Court had ruled as unconstitutional in 1983 . |
| 16 | These cases illustrate the importance which the Court of Appeal and the House of Lords attached to the need not to constrain the Commission and the Office of Fair Trading within narrow bounds and to emphasize the width of their discretionary powers . |
| 17 | Given a certain meaning which the courts have ascribed to the term employee , how closely should they supervise the application of that term to the facts of a particular case ? |
| 18 | ‘ The court may , on the application of the office-holder , summon to appear before it — ( a ) any officer of the company , ( b ) any person known or suspected to have in his possession any property of the company or supposed to be indebted to the company , or ( c ) any person whom the court thinks capable of giving information concerning the promotion , formation , business , dealings , affairs or property of the company . |
| 19 | Thus section 236(2) ( c ) refers to ‘ any person whom the court thinks capable of giving information concerning the promotion , formation , business , dealings , affairs or property of the company , ’ and by subsection ( 3 ) such a person may be ordered to produce ‘ any books , papers or other records in its possession or under his control relating to a company or the matters mentioned in paragraph ( c ) of the subsection . ’ |
| 20 | Also , for the purposes of the 75 per cent vote , there are disregarded shares held by any person whom the court regards as a promoter of the scheme . |
| 21 | Since the mental element required for the commission of the the offences of organisation and participation is knowledge which the courts increasingly interpret to require an awareness of all the circumstances by virtue of which it is said that an offence is committed , it may well be sensible police practice to issue a warning before arresting and prosecuting with an offence under this Part of the Act . |
| 22 | It follows that , apart from the question of the impact of Community law , such is the discretion which the courts should have exercised in the present case . |
| 23 | According to Divisional Court , however , the literal approach overlooks the discretion which the justices have to do ‘ what they consider to be just in the circumstances : a discretion which the court traces back as far as Kinnis v. |
| 24 | Thus , a sale of " Coalite " in Wilson v Rickett Cockerell and Co Ltd ( 1934 ) was a sale under a trade or patent name which the Court of Appeal considered to preclude reliance . |
| 25 | The defence argument was solely that Caldwell could be distinguished on the grounds that in DPP v K there was a gap between the accused 's act and the injury , an argument which the court rejected . |
| 26 | The guardian must be selected from the panel maintained by the local authority for the area which the court serves . |
| 27 | He said that the public policy which the court was implementing was not some 19th century economic theory about the benefit to the general public of freedom of trade , but the protection of those whose bargaining power is weak against being forced by those whose bargaining power is stronger to enter into bargains that are unconscionable . |
| 28 | When one comes to look at the judgments in the American Economic Laundry case , it appears clear that the approach which the court was adopting in that case was to regard the tenant against whom a possession order had been made as a statutory tenant who did not have all the rights to protection conferred by the Rent Restriction Acts . |
| 29 | It should , in my opinion , only be in the rare cases where the very issue of interpretation which the courts are called on to resolve has been addressed in Parliamentary debate and where the promoter of the legislation has made a clear statement directed to that very issue , that reference to Hansard should be permitted . |
| 30 | ( 10 ) Similarly , although the requirements of fairness under the Code and CA 1985 , s459 do not necessarily coincide , the Code is a helpful guide to the City 's views on fairness which the court can take into account when deciding whether a shareholder has been unfairly prejudiced for the purposes of s459 ( see Re a Company [ 1986 ] BCLC 382 ) . |