Example sentences of "[adv] it be hold that " in BNC.

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1 Nevertheless it was held that any false indication given by the retailer could not be said to be due to the act or default of Cadbury since the retailer could quite easily have compared the weights and prices of his existing stock and the new bars to see if the label ‘ Extra value ’ was justified .
2 Classically it is held that the female optimum depends on how size increases fecundity , whereas the male optimum depends on how size increases mating success .
3 Here it was held that this showed that all reasonable care had been taken .
4 Here it was held that the chain of causation was broken where the buyer continued to use the goods with actual knowledge of the breach , as regards subsequent consequential loss ( compare Basildon District Council v JE Lesser ( Properties ) Ltd [ 1985 ] QB 839 ) .
5 Dollard et al. ( 1969 ) are generally credited with the formulation of the ‘ frustration-aggression hypothesis ’ whereby it is held that the obstruction of goal-oriented behaviour leads necessarily to aggression .
6 Such anthropological theories are linked to the catharsis theory , whereby it is held that through some dramatic experience the individual ( or group ) sheds itself of pent-up , potentially destructive , emotions to emerge cleansed and ready to deal with daily life in a harmonious manner .
7 Regina v. Visitors to Lincoln 's Inn , Ex parte Persaud On an application for judicial review made pursuant to leave granted by Rose J. on 17 September 1991 , the applicant in the second case , Norman Persaud , a barrister , sought inter alia , an order of certiorari to quash an order made by the Visitors to Lincoln 's Inn on 31 July 1991 whereby it was held that the applicants ' petition of appeal , dated 28 September 1990 , from the findings and the sentence of the disciplinary tribunal of the Council of the Inns of Court be dismissed .
8 There it was held that those persons who had access to inside information were required to observe the ‘ abstain or disclose ’ principle ie they had either to disclose the inside information which they held or abstain from trading .
9 However it was held that the benefit from the 1986 contract was not outstanding as the customer had chosen to place earlier contracts worth $75 million for non-patented display units despite being fully aware of the invention 's existence and capabilities .
10 The definition of " new tenant or occupier " is discussed in Chief Constable of Tayside v. Angus District Licensing Board , 1980 S.L.T. ( Sh.Ct. ) 31 where it is held that " new " refers to both tenant and occupier and that at 32 " we are dealing with the removal of the licensee , when he yields up possession to a new tenant or a new occupier/occupant " .
11 See Baljaffray Residents Association v. Milngavie & Bearsden District Council Licensing Board , 1981 S.L.T. ( Sh.Ct. ) 106 where it is held that a provisional grant of a licence is not " in force " until declared final .
12 The leading authority was the House of Lords case of Re W ( 1971 ) AC 682 where it was held that when dealing with the question of withholding consent , the test was reasonableness , not culpability or indifference , and although the child 's welfare per se was not the test , it was relevant .
13 The attempt to construct such a right was built upon a number of different grounds , perhaps the most important being the analogy with the Fourth Amendment to the US Constitution which protects people from unreasonable search and seizure , the analogy being drawn presumably because the Fourth Amendment is based upon English common law , particularly Entick v. Carrington , where it was held that as a general rule search warrants may only be issued under the authority of a statute .
14 The court in Malone also held , however , that even if an action in confidence does apply to telephone conversations , in this case the circumstances would be governed by Gartside v. Outram , where it was held that ‘ there is no confidence in the disclosure of an iniquity ’ , observations subsequently explained by Lord Denning as merely an instance of just cause or excuse for breaking a confidence .
15 Such an approach was adopted by the US Supreme Court in the famous case , Mapp v. Ohio , where it was held that to admit evidence obtained by means of an illegal search would make the constitutional guarantees against such arbitrary conduct worthless .
16 551 where it was held that an indictment for a common law conspiracy to defraud will lie against a limited company .
17 612 where it was held that a defendant had been validly committed for trial by justices notwithstanding that they had previously embarked on a summary trial but decided before the summary trial was concluded that in the circumstances they should not deal with the case and should commit the defendant for trial .
18 This was taken one step further in Stadium Finance v. Robbins where it was held that this requirement was not complied with .
19 The following factors are among those which are taken into account : ( 1 ) the length of the previous tenancy or tenancies ( Betty 's Cafes Ltd v Phillips Furnishing Stores Ltd [ 1957 ] 1 Ch 67 at 88 ) ; ( 2 ) any period during which the tenant has held over pending resolution of his application ( London and Provincial Millinery Stores Ltd v Barclays Bank Ltd [ 1962 ] 1 WLR 510 ) ; ( 3 ) the landlord 's intentions as regards his own occupation of the property ( Wig Creations Ltd v Colour Film Services Ltd ( 1969 ) 113 SJ 688 where it was held that the new tenancy should expire shortly after the landlord would become entitled to rely upon s30(1) ( g ) of the Landlord and Tenant Act 1954 ) ; ( 4 ) the prospects of redevelopment of the property ( Reohorn v Barry Corporation [ 1956 ] 2 All ER 742 ; London and Provincial Millinery Stores Ltd v Barclays Bank Ltd ) ; ( 5 ) the balance of hardship , and the relative bargaining positions of the parties ( Upsons Ltd v Robins ( E ) Ltd [ 1956 ] 1 QB 131 ; Amika Motors Ltd v Colebrook Holdings Ltd ( 1981 ) 259 EG 243 ) ; ( 6 ) the tenant 's business needs ( CBS ( United Kingdom ) Ltd v London Scottish Properties Ltd ( 1985 ) 275 EG 718 ) .
20 That question was thought to have been partially settled by the House of Lords in United Scientific Holdings Ltd v Burnley BC [ 1978 ] AC 904 where it was held that prima facie time limits are not of the essence , with the result that if a time limit is missed the review can still take place .
21 The position is now somewhat alleviated by the case of Rowlands ( Mark ) Ltd v Berni Inns Ltd [ 1985 ] QB 211 where it was held that the intention of the parties to the lease was that the landlord 's claim would be against the insurers under the insurance policy and that the landlord would not have a claim against the tenant for breach of covenant , to the effect that there was no claim to which the insurers could be subrogated .
22 Moreover , the approach taken by their Lordships in George Mitchell does seem at variance with the Photo Production case where it was held that artificial distinctions should be rejected in favour of construction according to plain and natural meaning .
23 This should be contrasted with the decision of the Court of Appeal in Griffiths v Peter Conway Ltd [ 1939 ] 1 All ER 685 where it was held that a buyer could not rely on this section when she contracted dermatitis from a Harris Tweed coat supplied because of her unusually sensitive skin .
24 Accordingly it was held that the breath specimen had been inadmissible in evidence .
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