Example sentences of "where [pron] [be] hold that " in BNC.
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| 1 | ( p944 ) His Lordship specifically rejected the argument that drivability was the sole test of merchantability and overturned the decision at first instance ( [ 1987 ] 2 WLR 353 ) where it is held that the vehicle was merchantable as its defects did not destroy " the workable character " of the machine . |
| 2 | The issue of direct application of Directive 76/207 has more recently been debated in the European Court in the case of Foster v. British Gas [ 1991 ] 2 WLR 258 , where it was held that provisions of a Directive which were capable of having direct effect could be relied upon by bodies made responsible by the state for providing a public service under state control where such bodies held –special powers ' in relation to such a function . |
| 3 | It was not however accepted by the Court of Appeal in Peter Andrew Russell where it was held that the conversion of the salt ( cocaine hydrochloride ) into the base form amounted to production . |
| 4 | Reliance was placed on Director of Public Prosecutions v. Ellis [ 1973 ] 1 W.L.R. 722 , where it was held that the fact that two accused persons had been prosecuted to conviction did not mean that the purposes of Part I of the Act , namely securing compliance with and detecting evasion of the Act , were spent ; and that accordingly it was still open to the authorities to employ their powers to obtain information relative to the same transaction from another person . |
| 5 | Where an application to transfer a licence on a change of person with day to day responsibility is lodged out with the eight week time limit , see Argyll Arms ( McManus ) Ltd. v. Lorn , Mid-Argyll , Kintyre and Islay Divisional Licensing Board , 1988 S.L.T. 290 , where it was held that the board required to hear the application outwith the eight week period despite the provision that the licence ceases to have effect . |
| 6 | See also Chief Constable of Grampian v. Aberdeen District Lit. , oil Board , 1979 S.L.T. ( Sh.Ct. ) 2 , where it was held that mere reiteration of the wording of s. 17(1) ( b ) of the Act was insufficient . |
| 7 | For further discussion of " facilities of the same or similar kind " , see Collins v. Hamilton District Licensing Board , 1984 S.L.T. 230 , where it was held that it is the facilities which have to be the same or similar , not the type of licence . |
| 8 | 563 , where it was held that it included alterations to passages and means of access . |
| 9 | Il ; Lazerdale Ltd. v. City of Glasgow Licensing Board , 1988 G.W.D. 36–1484 ( 1st Div. ) where it was held that a radius of 200 metres was a reasonable " locality " under s. 17(I) ( d ) within Glasgow , and Bury v. Kilmarnock and Loudon District Licensing Board , 1989 S.L.T. 110 , where it was held that the board had exercised its discretion unreasonably in refusing to consider an application for an extension on the basis of non-representation without asking whether that non-representation was material as they had all the facts before them . |
| 10 | Il ; Lazerdale Ltd. v. City of Glasgow Licensing Board , 1988 G.W.D. 36–1484 ( 1st Div. ) where it was held that a radius of 200 metres was a reasonable " locality " under s. 17(I) ( d ) within Glasgow , and Bury v. Kilmarnock and Loudon District Licensing Board , 1989 S.L.T. 110 , where it was held that the board had exercised its discretion unreasonably in refusing to consider an application for an extension on the basis of non-representation without asking whether that non-representation was material as they had all the facts before them . |
| 11 | For a detailed criticism of this rule and the problems which it causes , when there is material conflict in the averments made by an appellant and the licensing board , see Tennent Caledonian Breweries Ltd. v. City of Aberdeen District Licensing Board , cit. , where it was held that in the case of a conflict of averments , the court could not go behind what appeared in the board 's pleadings. ( 6 ) In Jack v. Edinburgh Corporation , 1973 S.L.T. ( Sh.Ct. ) 64 , it was held that where an appeal was considered in circumstances substantially different from those considered by the licensing authority , the proper course was to remit back to the authority for reconsideration . |
| 12 | This fact was emphasised in Fletcher v. Budgen ( 1974 C.A. ) where it was held that even a buyer can commit the offence . |
| 13 | Davies v. Sumner is the leading authority on the meaning of the expression ‘ in the course of a business ’ and has been followed in a case under the Unfair Contract Terms Act 1977 , R. & B. Customs Brokers v. United Dominion Trust , where it was held that a business 's buying of two or three cars over a period of five years was an insufficient degree of regularity for the latest such purchase to be regarded as made in the course of the business ( see paragraph 10–18 above . ) |
| 14 | This happened in the United States case of NEC Corp. v Intel Corp. ( 1989 ) where it was held that Intel 's microcode programs were dictated by the instruction set of the microprocessors and , as there were no alternative ways of expressing the ideas incorporated , reverse analysis of the microcode programs did not infringe copyright . |
| 15 | An attempt to reconcile the cases was made in Taylor Woodrow Property Co Ltd v Lonrho Textiles Ltd ( 1985 ) 275 EG 632 , where it was held that a " two-way " deeming provision ( ie which applied to both landlord and tenant ) made time of the essence , but a " one-way " deeming provision ( ie which applied to the tenant alone ) did not . |