Example sentences of "[verb] regard to the [adj] [noun sg] " in BNC.
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| 1 | That , having regard to the limited area of the site and the relationship to existing residential properties , the proposed development of nine houses would be a cramped development of the site which would be detrimental to the amenities of those surrounding residential properties . |
| 2 | That , having regard to the limited area of the site and the relationship to existing residential properties , the proposed development of nine houses would be a cramped development of the site which would be detrimental to the amenities of those surrounding residential properties . |
| 3 | Held , allowing the appeal , that it was not possible , in construing the expression ‘ any person ’ in section 238 of the Insolvency Act 1986 , to identify any particular limitation which could be said to represent the presumed intention of Parliament in enacting the legislation , and the words had to be given their literal meaning , unrestricted as to persons or territory ; and that the court , therefore , had jurisdiction under section 238 to make an order against a foreigner resident abroad ; that , having regard to the unambiguous terminology of rule 12.12(1) of the Insolvency Rules 1986 , the jurisdiction deriving from it to order service out of the jurisdiction was not to be confined , by analogy , to cases falling within R.S.C. , Ord. 11 , r. 1(1) ; and that , accordingly , the judge 's order would be set aside and the registrar 's order restored ( post , pp. 701A–D , 702E–F , 704C–D , G , H , 705B ) . |
| 4 | Held , allowing the appeal and granting the applications , that since on an application for the grant of leave under section 8 no question with regard to a child 's upbringing was determined , and since section 10(9) stipulated particular matters , including parental wishes , to which the court was to have regard on such an application , section 1(1) did not apply so as to make the children 's welfare the paramount consideration on an application for leave to apply for a residence order made by a person other than the child concerned ; and that , accordingly , the judge had applied the wrong test ; that as a result of his failure to require that the mother be notified of the application the judge had been deprived of additional material necessary to the proper exercise of his discretion ; and that in the exercise of a fresh discretion , having regard to the new evidence and to the circumstances of the case , the foster mother 's application for leave would be refused ( post , pp. 428G — 429F , 430F , 431C–E ) . |
| 5 | I have for myself come to the conclusion that owing to the conditions which exist in the world today , having regard to the economic environment , having regard to the situation of our country , if we go on pattering along as we are we shall have grave unemployment with us to the end of time , and I have come to the conclusion that the only way of fighting this subject is by protecting the home markets . |
| 6 | In 1348 the king restored the Earl of Lancaster 's title to the Honour and castle of Pontefract , which he had hitherto held on lease from the queen , ‘ having regard to the good service and great honour which our … cousin has done us in Gascony ’ . |
| 7 | ( c ) The defence of ex turpi causa would not apply having regard to the changing public opinion of suicide . |
| 8 | ( b ) In English law the choice of law rules governing claims for restitution are influenced by the claim being connected with a contract , having regard to the English conflict of laws rule that the proper law of the obligation to restore a benefit , if the obligation arises in connection with a contract , is the proper law of the contract : Dicey & Morris , The Conflict of Laws , 11th ed. ( 1987 ) , p. 1350 , r. 203. ( c ) Quasi-contractual claims , at least where there is a contract involved , should probably fall per se under article 5(1) : see the opinion of the editors of Dicey & Morris , at p. 341 , to this effect , and the decision of the Scottish courts that a statutory claim to contribution falls within the article in Engdiv Ltd. v. G. Percy Trentham Ltd. , 1990 S.L.T. 617 , 621. ( d ) In the case of a claim for the return of moneys paid under an ineffective contract , there is no artificiality in deducing an implied promise to pay , even though the old theory that restitution was based on the concept of such an implied promise is now largely discredited . |
| 9 | Having regard to the true construction of section 9 of the Act , the House concluded that the refusal of the council to make a refund was not in accordance with the statutory intention and so affirmed the decision of the Court of Appeal [ 1987 ] 1 W.L.R. 593 allowing the taxpayers ' claim for judicial review of the decision . |
| 10 | ( 2 ) Allowing the appeal , that , having regard to the fresh evidence , it was impossible to conclude that the defendants had intentionally breached the injunction ; and that , accordingly , the committal order would be discharged ( post , pp. 225D , 226H , 227E–G ) . |
| 11 | That would be particularly inappropriate having regard to the considerable number of instances which exist of Parliament having legislated in various fields to define the circumstances under which payments of tax not lawfully due may be recovered , and also in what situations and upon what terms interest on overpayments of tax may be paid . |
| 12 | By notice of appeal dated 22 April 1992 the father appealed on the grounds , inter alia , that ( 1 ) the judge was wrong in law to reject the submission that any consideration of the children 's welfare in the context of a judicial discretion under article 13 ( a ) of the Convention was relevant only as a material factor if it met the test of placing the children in an ‘ intolerable situation ’ under article 13 ( b ) ; ( 2 ) the judge should have limited considerations of welfare to the criteria for welfare laid down by the Convention itself ; ( 3 ) the judge was wrong in law to reject the submission that in the context of the exercise of the discretion permitted by article 13 ( a ) the court was limited to a consideration of the nature and quality of the father 's acquiescence ( as found by the Court of Appeal ) ; ( 4 ) in the premises , despite her acknowledgment that the exercise of her discretion had to be seen in the context of the Convention , the judge exercised a discretion based on a welfare test appropriate to wardship proceedings ; ( 5 ) the judge was further in error as a matter of law in not perceiving as the starting point for the exercise of her discretion the proposition that under the Convention the future of the children should be decided in the courts of the state from which they had been wrongfully removed ; ( 6 ) the judge , having found that on the ability to determine the issue between the parents there was little to choose between the Family Court of Australia and the High Court of England , was wrong not to conclude that as a consequence the mother had failed to displace the fundamental premise of the Convention that the future of the children should be decided in the courts of the country from which they had been wrongfully removed ; ( 7 ) the judge also misdirected herself when considering which court should decide the future of the children ( a ) by applying considerations more appropriate to the doctrine of forum conveniens and ( b ) by having regard to the likely outcome of the hearing in that court contrary to the principles set out in In re F. ( A Minor ) ( Abduction : Custody Rights ) [ 1991 ] Fam. 25 ; ( 8 ) in the alternative , if the judge was right to apply the forum conveniens approach , she failed to have regard to the following facts and matters : ( a ) that the parties were married in Australia ; ( b ) that the parties had spent the majority of their married life in Australia ; ( c ) that the children were born in Australia and were Australian citizens ; ( d ) that the children had spent the majority of their lives in Australia ; ( e ) the matters referred to in ground ( 9 ) ; ( 9 ) in any event on the facts the judge was wrong to find that there was little to choose between the Family Court of Australia and the High Court of England as fora for deciding the children 's future ; ( 11 ) the judge was wrong on the facts to find that there had been a change in the circumstances to which the mother would be returning in Australia given the findings made by Thorpe J. that ( a ) the former matrimonial home was to be sold ; ( b ) it would be unavailable for occupation by the mother and the children after 7 February 1992 ; and ( c ) there would be no financial support for the mother other than state benefits : matters which neither Thorpe J. nor the Court of Appeal found amounted to ‘ an intolerable situation . ’ |
| 13 | Although Reg 20 obviously contemplated primarily an actual employer and employee , it was clear that , having regard to the statutory scheme as a whole , Reg 20 was intended to have a general application . |
| 14 | First , under section 1(2) it is provided : ‘ the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child . ’ |
| 15 | When considering transfer the court must have regard to the general principle in s1(2) that any delay in determining matters is likely to prejudice the welfare of the child . |
| 16 | When deciding whether to grant a request for transfer , the court must have regard to the general principle in s1(2) that delay is likely to be prejudicial to the child 's welfare and should apply the criteria for transfer in APO , art 7 ( see ( b ) above ) . |
| 17 | The Commission must have regard to the future development of competition ( including competition from undertakings located outside the Community ) , not merely to the position as it exists among the companies competing in the market at the date of the merger . |
| 18 | When he hears the petition the judge will have regard to the up-to-date situation concerning any payment on account and taxation of the bills . |
| 19 | the same power may be exercised , despite the absence of a Civil Procedure Convention , with the consent of the Secretary of State ( who would presumably have regard to the known attitude of the foreign government and the terms of any relevant Convention as to consular relations ) . |
| 20 | In deciding the scope of a " fair comment " plea and the degree of interpretative sophistication to bring to bear on the question of whether a passage is " comment " or " fact " , the court should have regard to the constitutional importance of the " fair comment " defence as a protection for freedom of expression . |
| 21 | They failed also , it is said , to have regard to the violent incident on 23 November 1991 when violence was used and also failed to have regard to the fact that the mother had refused an offer to be accommodated with her children in the foster home . |
| 22 | ( d ) Avoidance of delay Section 1(2) requires the court to have regard to the general principle that any delay in determining any question relating to a child 's upbringing is likely to prejudice the child 's welfare . |
| 23 | Nevertheless s32(1) requires the court to draw up a timetable for disposing of the case without delay and s1(2) requires it to have regard to the general principle that any delay is likely to prejudice the child . |
| 24 | The court had to have regard to the ascertainable defect in the mentality of the defendant , and whether it showed a predilection to do harm to others . |
| 25 | The terms of reference frequently require the court to have regard to the public interest or the national interest or the national economy or considerations like ‘ the need for an efficient and competitive ’ industry . |
| 26 | The court must , however , have regard to the general principle in s1(2) when considering transfer on this ground . |