Example sentences of "[verb] [been] hold that " in BNC.

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1 Sexual intercourse is defined as the penetration of the penis into the vagina : ejaculation is not required , and the offence is committed as soon as penetration takes place , although it has been held that the offence continues throughout penetration ( so that if the woman revokes her consent during intercourse and the man fails to withdraw , he commits rape ) .
2 The limited ‘ defence ’ of mistake about the girl 's age , available to young men under 24 , was explained above , and the reason for creating such a limited ‘ defence ’ is that in general it has been held that the crime does not require any fault element as regards the girl 's age .
3 But it has been held that although all statements must be reviewed at least once a year , a LEA is not obliged to re-assess a statemented child 's special educational needs before s/he is that age unless the parents so request .
4 In the context of employment , where the Act refers to dismissal ‘ or other detriment ’ , it has been held that the phrase in quotation marks refers to an act of the same type as dismissal .
5 In the US it has been held that the Fourth Amendment governs not only the seizure of tangible items , but extends also to the recording of oral statements .
6 It has been held that auditors did not owe a duty of care to creditors of a failed company on which they reported .
7 It has been held that racist remarks made by an employer to an employee can amount to unlawful discrimination at work ( p 114 ) .
8 It has been held that while mezzanine platforms erected in a warehouse could be regarded as plant for capital allowance purposes , ancillary lighting could not ( p 119 ) .
9 It has been held that the court is able to order a sale of mortgaged property against the lender 's wishes even though the mortgage will not be redeemed by the proceeds , if it would be unfair to the borrowers to postpone a sale ( p 100 ) .
10 It has been held that if a solicitor preparing a will omits a provision the testator intended , it counts as a ‘ clerical error ’ , and that the will can therefore be rectified by the court under the Administration of Justice Act 1982 ( p 100 ) .
11 It has been held that loans from a close company to participators in that company were ‘ released ’ within the meaning of s 287(1) , TA 1970 where , under an agreement between the company , the participators and a third party , the third party assumed and then settled the debt ( p 104 ) .
12 It has been held that a gift to a charity of shares in a close company gave rise to a charge to capital transfer tax where the company had an interest in possession in a trust ( p 106 ) .
13 It has been held that transactions in shares , not necessarily at arm 's length or for cash , and previous agreements with the Inland Revenue with regard to their valuation , were admissible evidence in relation to the valuation of the shares ( p 108 ) .
14 It has been held that where more than one assessment was raised under different statutory provisions in respect of the same amount then , provided these were clearly alternative assessments , they were not void .
15 It has been held that payments to a bankrupt 's accountants were not a preference under s 340 of the Insolvency Act 1986 ( p 101 ) .
16 Directors are required to exercise their powers for the proper purpose , ie for the benefit of the company , and it has been held that the power of allotment is given to the directors to get capital for the company .
17 It has been held that towing a vehicle is ‘ causing ’ it to be used ( Milstead v Sexton [ 1964 ] Crim LR 474 ) ,
18 It has been held that a signal which was given with a lamp at night and which the driver failed to understand was not sufficient for failing to stop .
19 It has been held that a person on foot pushing a bicycle when using a zebra pedestrian crossing was a ‘ foot passenger ’ .
20 Secondly , it has been held that ‘ the pressure may touch off at once some form of words . ’
21 So , it has been held that decisions of the City Panel on Takeovers and Mergers , which was set up neither by statute nor contract but simply by informal agreement , are subject to judicial review ; so are decisions of the Advertising Standards Authority and of the Code of Practice Committee of the British Pharmaceutical Industry .
22 Again , it has been held that the Prison rules are merely ‘ regulatory ’ and that breach of them can not give rise to a cause of action for damages although it may found an application for judicial review .
23 On the other hand , it has been held that the power to issue passports can be questioned in a court , unless , for example , the particular case involves matters of national security .
24 So it has been held that a provision in a statute that regulations made under the statute will take effect as if enacted in the statute ( that is , they will be unchallengeable as if they were made by Parliament ) does not prevent the courts holding the regulation to be ultra vires .
25 For example , it has been held that an applicant for unemployment benefit can not sue the government in tort for negligence in processing the application because there is a statutory right of appeal against refusal of benefit .
26 In the first place , it has been held that judicial review actions against bodies which owe their existence to contract can not be brought under Ord. 53 .
27 On the other hand , it has been held that gypsies who camp on public land can not argue , in defence to a claim for an eviction order by a council , that the council has failed to fulfil its statutory obligation to provide camping sites because the gypsies had no legal right to the land on which they were camping .
28 To trigger section 76(2) ( b ) , however , it must be the case that there something was ‘ said or done ’ which was likely to render a confession unreliable , and it has been held that this means something said or done to D , as distinct from some words or conduct of D himself ( Goldenberg ( 1988 ) 88 Cr.App.R. 285 ) .
29 … It has been held that even if a court , having full discretion in the matter of the costs of any proceeding , deals in its order with such costs , a party can still enforce an antecedent agreement in relation thereto inconsistent with the court 's order : Mansfield v. Robinson .
30 The defence has been considered in a number of recent cases in which it has been held that it is to be applied in a flexible and pragmatic way .
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