Example sentences of "the plaintiff [unc] " in BNC.
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| 1 | But they also say in the alternative that that since the plaintiffs themselves were at this time by mid to late October of nineteen eighty five , not ready or able to complete it would have been improper erm for the defendant to advise the plaintiffs to serve a special notice to complete and my Lord the question that therefore arises er whether , even if that were correct , er and it 's not admitted that it is , that exonerates the defendants from given the advice er and whether they should still have advised the plaintiff erm of the opportunity which was open to him , that the plaintiff could if necessary take that course himself or be advised to go er elsewhere and be advised independently is er this is , this the point of the matter which he regarded as improper and was not willing to do it on the plaintiff 's behalf . |
| 2 | I accept that erm and of course he 's dealing with it , approaching it from the basis that that factual issue is one she 's resolved in favour of the plaintiff erm it may be that there 's very little issue between us , it may be that the defendant would concede if your Lordship were to find that er the plaintiff had been asking Mr on several occasions to get him out of the contract , it may be conceded , I know not . |
| 3 | Firstly , it is alleged that there was a failure to advise the plaintiff er before the contracts for this business were exchanged , as to the necessity for ensuring that there was adequate finance to er complete the purchase granted on terms that the plaintiff could meet and which were set out clearly in a letter of offer from the bank and there was a failure to advise the plaintiffs as to the risk of relying upon oral offers of financing from the bank . |
| 4 | The Court of Appeal dismissed the first and second defendants ' appeal against Mr Justice Vinelott 's order that the defendants permit the plaintiff 's solicitors to inspect and take copies of an affidavit in the possession of the defendants ' solicitors . |
| 5 | The appellant appealed on grounds , not raised below , that the judge had no power under Order 5 , rule 5 to entertain an application by the defendant for enforcement against the appellant of the plaintiff 's judgment against the defendant and that any claim by the defendant against the appellant was statute barred . |
| 6 | It made no express reference to proceedings between a named representative of a class and a member of that class who might well have sharply different interests , as betweeen themselves , as to the substance of the plaintiff 's claim . |
| 7 | Mr Alastair Brett , for the journalist and Times Newspapers Limited , said : ‘ The defendants , having made extensive inquiries into the allegation , are quite satisfied that Mr Bouvier was not the father of the plaintiff 's twins and very much regret that the allegation was ever published . |
| 8 | I further accept that some of this foam is carried downstream and contaminated the plaintiff 's water . ’ |
| 9 | A defence of justification does not fail by reason only that the truth of every charge is not proved , if the words not proved to be true do not materially injure the plaintiff 's reputation having regard to the truth of the remaining charges . |
| 10 | It is most unlikely for an odour per se to cause actual physical damage , but where it causes a diminution in the selling value of the property or injures the plaintiff 's business by , for example , causing potential customers to be lost , this may be regarded as sufficient invasion of the plaintiff 's interest to be tortious . |
| 11 | It is most unlikely for an odour per se to cause actual physical damage , but where it causes a diminution in the selling value of the property or injures the plaintiff 's business by , for example , causing potential customers to be lost , this may be regarded as sufficient invasion of the plaintiff 's interest to be tortious . |
| 12 | In most cases , however , reliance is placed on the effect of the odour on the plaintiff 's use and enjoyment of his land . |
| 13 | This will include , in addition to the plaintiff 's testimony , evidence from other individuals in the neighbourhood , local authority officials , objective evidence as to odour strength , and where possible , with the court 's agreement , a visit to the site of the alleged odour , or a sample of the odour for the court 's consideration . |
| 14 | Odours from the following activities have been found to amount to a private nuisance and the remedy of an injunction and , or damages granted : odours from a fried fish shop , in close proximity to a dwellinghouse ; odours from stables ; odours from smoke and effluvia from a factory chimney ; odours from a gasworks affecting the plaintiff 's plantation of trees ; odours from a sewage disposal works , and odours from the spraying of cars and the burning of tyres . |
| 15 | Defences which may be available include : an Act of God ; the plaintiff 's consent ; or where the odour nuisance is a result of the act of a trespasser and the owner or occupier is ignorant of the nuisance , not having the means of knowing of the nuisance in time to prevent or abate its effect . |
| 16 | This view was also taken in the earlier case of Bainbridge v Chertsey Urban District Council where an injunction was granted , restraining the defendant council from conducting their sewage farm so as to cause offensive smells and vapours in the plaintiff 's premises . |
| 17 | It is to the plaintiff 's advantage , therefore , to avoid these subsections if at all possible . |
| 18 | If the individual is in fact acting on behalf of the company as an employee then the principle of vicarious liability would mean that the company ( as potentially the wealthier party ) might make a more attractive defendant from the plaintiff 's point of view . |
| 19 | If he failed to turn up , the Commissioner had the power to hear the plaintiff 's case only and give immediate judgement on it . |
| 20 | On 2 October 1990 the inspector requested accounts of and details of transactions with one of the plaintiff 's subsidiaries , B ( Pte ) Ltd ( a Singapore company ) , as it was possible that this information would lead to the amendment of existing assessments . |
| 21 | With this knowledge it was difficult , at times , to take the plaintiff 's case seriously . |
| 22 | That made it difficult to work out the company 's exposure to open contracts at any given time and this , in turn , allowed Mr Koval to indulge in ‘ extensive trading outside any limit contemplated by the plaintiff 's board ’ . |
| 23 | First , they must face trial by jury in civil actions , which allows the plaintiff 's attorney to appeal to the jury 's emotions — and US juries are rarely sympathetic towards a large firm with seemingly endless insurance cover . |
| 24 | In the event there was no recovery , but only because the judge found that the auditors ' negligence had not caused the plaintiff 's loss . |
| 25 | Having taken legal advice on the merits of the plaintiff 's claim , the defendant decided to offer a settlement figure , with each party bearing their own legal costs , in order to avoid the expense of protracted litigation . |
| 26 | Service of the plaintiff 's statement of claim , if not endorsed on the writ already |
| 27 | Beamish was sued by Mond and judgement was found in the plaintiff 's favour to the cost of £5,000 . |
| 28 | In private law , by contrast , it is for the defendant to take action to have the plaintiff 's case struck out if it is without substance . |
| 29 | By contrast , in actions not brought under Ord. 53 the defendant must take positive steps to apply to the court to have the plaintiff 's case struck out if there is some ground for doing so . |
| 30 | The case arose out of a fatal road accident in Illinois , the plaintiff 's parents having been killed as a result of a head-on collision between their Volkswagen Rabbit and another vehicle . |