Example sentences of "court [vb mod] [coord] [vb mod] [verb] " in BNC.
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| 1 | Parliament may have intended that the English court could and should bring before it , and make orders against , a person who has no connection whatever with England save that he entered into a transaction , maybe abroad and in respect of foreign property and in the utmost good faith , with a person who is subject to the insolvency jurisdiction of the English court . |
| 2 | Wilberforce J held , among other things , firstly , that the retention provisions , which operated after the end of the employee 's employment , substantially interfered with his right to seek employment and therefore operated in restraint of trade ; secondly , that the transfer system and the retention system , when combined , were in restraint of trade and that , since the defendants had not discharged the onus of showing that the restraints were no more than was reasonable to protect their interests , they were in unjustifiable restraint of trade and ultra vires ; thirdly , that the court could examine a contract between employers only and declare it void on grounds on which such a contract would be declared void if it had been a contract between an employer and employee , and that it was open to an employee to bring an action for a declaration that such a contract was in restraint of trade , inasmuch as it threatened his liberty of action in seeking employment , which was a matter of public interest ; and , fourthly , that it was a case in which the court could and should grant the plaintiff the declarations sought . |
| 3 | No court can or should give him direction on such a matter . |
| 4 | No court can or should give him direction upon such a matter . |
| 5 | While it is clear that the court can and will exercise discretion , it is obviously wise to check on the availability of witnesses before setting down . |
| 6 | I do not , I must emphasize , quarrel in the slightest with the salutary principle of Ramsay v. IRC that the court can and will ignore sham transactions or the creation of magical and non-existent losses or expenditure by a series of carefully contrived steps in a process of fiscal legerdemain . |
| 7 | It shows that the court can and will inquire whether the visitor has jurisdiction to determine the question , i.e. , to enter into the matter . |
| 8 | However , it is clear that , in deciding what the words used in an exclusion clause mean , the court can and will take account of the other provisions of the contract ; the clause must be interpreted in its context . |
| 9 | That ground has not been strongly urged and I leave it out of account , but so far as the other grounds are concerned I am satisfied that there is validity in that criticism and those are matters which ought to have been taken into account and , being matters which are relevant , in my judgment , that is a reason why this appellate court can and should intervene . |
| 10 | But as the reader will be aware , during the past decade or so , the courts , building on a series of decisions which quite properly and logically held ineffective a number of ingenious and entirely artificial schemes devised for the manufacture and allowance of losses or expenses which were never in fact incurred , have sought to create and apply to transactions conferring tax advantages for which the legislature has made provision a doctrine of ‘ legitimate business purpose ’ , the general effect of which is that even though the citizen follows to the letter that which Parliament has told him that he can do in order to attract the fiscal consequences which Parliament has statutorily decreed will follow if he does it , nevertheless , whatever Parliament may have said shall be the consequences , the courts will and must decline to give effect , not to what he has done , but to the fiscal consequences which Parliament has provided , unless he demonstrates that there was a ‘ legitimate business purpose ’ for his action . |
| 11 | Obviously the courts can and will choose as between rational basis and rightness depending , inter alia , on whether they are in accord with the interpretation reached by the agency . |
| 12 | Such cases will be rare , but when they do arise , as was the case with Miss T. , the courts can and will provide immediate assistance . |