Example sentences of "where it [be] hold [that] " in BNC.
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| 1 | 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 " . |
| 2 | 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 . |
| 3 | 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 . |
| 4 | 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 . |
| 5 | 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 . |
| 6 | 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 . |
| 7 | 551 where it was held that an indictment for a common law conspiracy to defraud will lie against a limited company . |
| 8 | 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 . |
| 9 | This was taken one step further in Stadium Finance v. Robbins where it was held that this requirement was not complied with . |
| 10 | 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 ) . |
| 11 | 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 . |
| 12 | 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 . |
| 13 | 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 . |
| 14 | 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 . |