Example sentences of "fact [conj] [prep] " in BNC.
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| 1 | Held , dismissing the appeal ( Lord Keith of Kinkel and Lord Jauncey of Tullichettle dissenting ) , that although the common law had previously only admitted recovery of money exacted under an unlawful demand by a public authority where the payment had been made under a mistake of fact or under limited categories of compulsion , which did not apply to the payments by the building society , the nature of a demand for tax or similar impost on the citizen by the state , with the perceived economic and social consequences of non-payment stemming from the inequality of the parties ' respective positions , and the unjust enrichment falling on the state where the citizen paid an unlawful demand to avoid those consequences , warranted a reformulation of the law of restitution so as to recognise a prima facie right of recovery based solely on payment of money pursuant to an ultra vires demand by a public authority ; and that , accordingly , since the building society 's claim fell outside the statutory framework governing repayment of overpaid tax , it was entitled at common law to repayment of the sums from the dates of payments and to interest in respect thereof pursuant to section 35A of the Supreme Court Act 1981 ( post , pp. 384H , 387D , F–G , 389B , 390F — 391C , E–F , 392E , 396C , 414B–C , F–G , 415E–F , 416A–B , 417B , 418A–C , E–F , 421D–F , G ) . |
| 2 | ( 3 ) Where a sum has been paid which is not due , but it has not been paid under a mistake of fact or under compulsion as explained under ( 2 ) above , it is generally not recoverable . |
| 3 | The cases cited , and referred to in depth by my noble and learned friends , have proceeded on the basis that on the one hand money paid under a mistake of fact or under duress or as it is said ‘ colore officii ’ can be recovered , whereas money paid under a mistake of law or voluntarily ‘ to close a transaction ’ or to avoid threatened litigation can not . |
| 4 | In addition , the ITVA has some criteria of its own , being stricter than either the Act or the Code in its judgement of the admissibility of some statements of apparent fact or of ‘ knocking ’ copy . |
| 5 | The argument for the suppliants was concerned only with whether the mistake under which they had paid the duty was one of fact or of law . |
| 6 | The Panel will not normally grant leave to appeal against a finding of fact or against a decision of the Panel on the interpretation of the Code . |
| 7 | A person 's domicile is the country which is in fact or in the eye of the law his permanent home for the time being . |
| 8 | Scenes of actual childbirth , in fact or in silhouette , are never to be presented . |
| 9 | This includes nudity in fact or in silhouette , or any licentious notice thereof by other characters in the pictures . |
| 10 | If a loyal client has no objective need of its Soviet protectors , then how long will it remain loyal in fact or in spirit ? |
| 11 | In this case I would think that , if the minister does not act in good faith , or if he acts on extraneous considerations which ought not to influence him , or if he plainly misdirects himself in fact or in law , it may well be that a court would interfere ; but when he honestly takes a view of the facts or the law which could reasonably be entertained , then his decision is not to be set aside simply because thereafter someone thinks that his view was wrong … |
| 12 | The Privy Council upheld the valuer 's determination in favour of the landlords , with the comment that there was no discernible mistake in the valuation either in fact or in law . |
| 13 | As you 've conceded , Florian 's marriage is no longer a fact except on paper , and Nicky is n't his wife . ’ |
| 14 | It is less than this in the teeth from hen harrier pellets , less in fact than for the kestrel , but the type of digestion is similar . |
| 15 | We are intimately acquainted with the state of this painter 's worn-out trousers , decaying coats , leaking boots , the money spent on his teeth , his food , his rooms , more so in fact than with any other artist . |
| 16 | Before turning to consider the main authorities I should emphasise that Woolwich paid the principal sum under neither mistake of fact nor of law , rather did it pay under protest and take immediate action to challenge the validity of the demand . |
| 17 | This was mainly due to demobilization , but others may have been attracted to the region due to the fact that through the expropriation of landowners , the area held by peasants had gone up by 65 per cent since 1917 . |
| 18 | One wonders to what extent this is due to the fact that through the ‘ list system ’ associated with proportional representation , German politicians act very much under the direct control of their party machines . |
| 19 | There is little doubt either of the " extraordinary correspondence between the virtues which Methodism inculcated in the working class and the desiderata of middle-class Utilitarianism " , or of the fact that through the process of religious conversion and its reinforcement through the spiritual discipline of the Methodist system of regular " class " meetings , these attitudes were deeply instilled . |
| 20 | Despite the fact that over the years America has been Israel 's guardian , both politically and militarily , and continues to give Israel $3 billion-worth of aid annually , that does not stop it from falling victim to Mossad 's activities . |
| 21 | On the other side of the argument is the fact that over one-fourth of the respondent firms in the survey did not have an environmental scanning system in evidence , only 5% of the firms were using the most sophisticated environmental scanning system available ( i.e. they have an environmental scanning unit which is tied to the planning process , utilizes computer data banks , involves most countries in which they operate and integrates environmental information on a worldwide basis ) , and 51% of the respondents still reported little or no computerization being used in the process . |
| 22 | The very fact that over the past few snow starved winters she has compiled a guide book to Nordic ski touring in Scotland , is sufficient testimony to this characteristic . |
| 23 | It is a matter of fact that over the past 12 months , Hinkley B has out-performed Hunterston B and Heysham 2 has performed better than Torness . |
| 24 | This is surprising in view of the fact that over a longer term measurements can vary by much more than this . |
| 25 | Can my right hon. Friend find time during his busy day to congratulate the management and staff of Rover on the fact that over the past 12 months not one single minute of production time has been lost through industrial disputes ? |
| 26 | Many asked , is it the right time for the G M B to even consider merging with the T & g , particularly given the fact that over the past thirteen years the T & g has lost over fifty percent of their membership and now stands in great financial crisis . |
| 27 | More recently there have been letters and articles predicting a world population of 15 billion , but no account has been taken of the fact that between 10 and 25 per cent could die of AIDS in the next twenty years , as is already happening in parts of Africa . |
| 28 | In England the question of translation was complicated by the fact that between the Norman Conquest and the middle of the fourteenth century French was the language of the ruling class . |
| 29 | The fact that between 1866 and 1870 almost one quarter of the entire uniformed strength of the Metropolitan Police were dismissed because of misconduct gives some indication of the social organisation of policing in this period . |
| 30 | However , concern has been caused by the fact that between 1976 and 1989 the ratio of debt to personal disposable income rose from 50% to over 100% ( BEQB May 1989 ) , and since 1980 the growth in credit has substantially exceeded the growth in income . |