Example sentences of "[be] [vb pp] that the court " in BNC.
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| 1 | ( iii ) Limitation of liability.It has been said that the courts tend to view clauses which limit liability more favourably than those which provide for a total exclusion . |
| 2 | It has been said that the Court should consider an interim sum ‘ which would alleviate or mitigate the sufferings or hardships of the pursuer as a result of the injuries during the interim period until the case is finally decided ’ but , more recently , some judges have been persuaded that there is no reason why the interim payment should be restricted to the period up to the date of Proof and that if some estimate of the full value of the claim can be made , the pursuer is entitled to receive a significant portion thereof . |
| 3 | The drafter can , therefore , minimise the scope for application of the rule by seeking to avoid ambiguity , since it has been said that the court " must not strive to create ambiguities by strained interpretation " ( Lord Wilberforce in Ailsa Craig Fishing Co Ltd v Malvern Fishing Ltd [ 1983 ] 1 WLR 964 ) . |
| 4 | In cases of personal injury it has been seen that the courts generally take a broad view of the question of kind of damage and also of the degree of foreseeability necessary . |
| 5 | Conversely , it has been accepted that the court may inquire as to whether a visitor intends to act outside his jurisdiction and in a proper case to grant a writ or order of prohibition to restrain him : Bishop of Chichester v. Harward , 1 Durn. & E. 650 ; see also Bently v. Bishop of Ely , 1 Barn.K.B. 192 . |
| 6 | It has , however , long been recognised that the court can exercise jurisdiction in personam against an individual present in England or capable of being made a party to English proceedings in cases in which Equity so requires , even where the subject matter is foreign immovable property . |
| 7 | It can be expected that the court will consider the guidelines , or factors similar to those in the guidelines , in other cases ( see eg Woodman v Photo Trade Processing Ltd ( 1981 ) , unreported ) . |
| 8 | It must be stressed that the courts are not challenging the merits of the decision but rather the power of the body in question to reach that particular decision . |
| 9 | In deciding whether or not to relist an appeal , it could be said that the Court of Appeal is not hearing an appeal but is exercising an autonomous jurisdiction relating to its own procedures . |
| 10 | It has to be said that the Court of Appeal 's judgment is weak . |
| 11 | In a sustained way ( meaning in more than sporadic decisions ) , it can be argued that the court has been critical to national questions only twice . |
| 12 | It might be argued that the courts have a role to play in ensuring that groups which have been unfairly denied access to the policy-making arena or who have a genuine complaint about how that process was conducted , should be allowed to challenge the outcome of that process in the courts . |
| 13 | The 40-year gap between the First and Second Empires had in no way diminished the ability of these people to perform their functions properly and with dignity , and it should not be thought that the Court of Napoleon III had a sort of second-hand quality about it . |
| 14 | Since in the case of a solicitors ' partnership all parties to such agreements should be taken as being familiar with the legal principles governing covenants in restraint of trade as well as with the particular circumstances of the practice with which they have all been involved , it might be thought that the court would be unwilling to substitute its own ideas as to what might constitute reasonable protection for the business . |
| 15 | It has to be noted that the courts and commentators have shown growing concern about the potential , and actual , abuse of the power to make such orders and their effect on the privilege against self-incrimination even in purely English contexts . |
| 16 | It should be noted that the Court recognised our members ' concern about low pay and lack of career prospects . |
| 17 | If care proceedings arise from a s37 investigation ( see Chapter 3 , 1(b) ) it should be remembered that the court may have already made a first interim order when making the direction . |
| 18 | While the revocation of a parole licence is a relatively rare occurrence , this type of decision in the new scheme will become commonplace , and it is to be hoped that the Court will address the policy questions and give guidance as early as possible after the implementation of the Act . |
| 19 | 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 . |
| 20 | ‘ There have been moments during the argument in this case when it appeared to be suggested that the court was being confronted with a grave case involving what is called a right of public meeting . |
| 21 | It has sometimes been remarked that the courts test for transfer of an enterprise is an employment one rather than a commercial one . |
| 22 | It is claimed that the Court of Appeal said that information that came within Goulding J's second category can not be protected by an express clause and that that is the wrong approach . |
| 23 | It is accepted that the Courts of Love were a fiction , an intellectual game . |
| 24 | However , it is submitted that the court should look at that practice rather than the civil practice in relation to the admission of fresh evidence . |
| 25 | As was pointed out earlier , there is some uncertainty as to what constitutes a security interest ; it is submitted that the courts will adopt something along the lines of the definition of Sir Nicolas Browne-Wilkinson V.-C. set out at the commencement of this chapter . |
| 26 | It is maintained that the courts , in particular , view young females as in need of ‘ protection ’ . |
| 27 | It is suggested that the court would not order a new lease to contain a contractual option to renew , since the Landlord and Tenant Act 1954 itself contains the code for enabling tenants to renew their leases . |
| 28 | We are informed that the court has not yet served Form N79 upon the respondent . |
| 29 | 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 ) . |
| 30 | When capital punishment for murder was abolished by section 1 of the Murder ( Abolition of Death Penalty ) Act 1965 , it was provided that the court may : |