Example sentences of "[noun sg] at common " in BNC.
Next page| No | Sentence |
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| 1 | ‘ The defence does not arise on a plea of autrefois convict , but on the well-established rule at common law , that where a person has been convicted and punished for an offence by a court of competent jurisdiction , transit in rem judicatam , that is , the conviction shall be a bar to all further proceedings for the same offence , and he shall not be punished again for the same matter ; otherwise there might be two different punishments for the same offence . |
| 2 | In assessing whether there is likely to be prejudice and if so whether it can properly be described as serious , the following matters should be borne in mind : first , the power of the judge at common law and under the Police and Criminal Evidence Act 1984 to regulate the admissibility of evidence ; secondly , the trial process itself , which should ensure that all relevant factual issues arising from delay will be placed before the jury as part of the evidence for their consideration , together with the powers of the judge to give appropriate directions to the jury before they consider their verdict . |
| 3 | In assessing whether there is likely to be prejudice and if so whether it can properly be described as serious , the following matters should be borne in mind : first , the power of the judge at common law and under the Police and Criminal Evidence Act 1984 to regulate the admissibility of evidence ; secondly , the trial process itself , which should ensure that all relevant factual issues arising from delay will be placed before the jury as part of the evidence for their consideration , together with the powers of the judge to give appropriate directions to the jury before they consider their verdict . |
| 4 | I take that view because the point has never been decided by this court or in the House of Lords and , as I have explained above , this court , in considering whether private corporations can sue for libel at common law , has not laid down any principle which is conclusive of the point raised in this case . |
| 5 | ( 2 ) Whether the right to free speech , whether as a right at common law , or under article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ( 1953 ) ( Cmd. 8969 ) , led to a different result in the case of a non-trading corporation which was also a public authority . |
| 6 | The basic distinction at common law is between statements which are intended to be terms of the contract of supply , ie promissory in nature , and statements which are representational in nature . |
| 7 | The limitations of individual recovery at common law led some courts to develop a rule allowing the corporation to recover the insider 's profits by way of a derivative action which encompassed the situation where the insider traded on impersonal stock markets . |
| 8 | The consultation may acquire a greater urgency and sense of purpose if set against the background of a recognised right of recovery at common law . |
| 9 | I do not consider that the fact that Parliament has legislated extensively in this area means that no principle of recovery at common law can or should at this stage of the development of the law be found to exist . |
| 10 | Crime — Evidence — Discretion to exclude — Trick by undercover police resulting in camera and sound records of sale to them of stolen jewellery — Judge considering unfairness at common law and under statute — Whether Codes of Practice applicable — Judge 's discretion to admit evidence — Whether properly exercised — Police and Criminal Evidence Act 1984 ( c. 60 ) , s. 78(1) — Codes of Practice , C10.1 |
| 11 | The judge ruled that the whole operation including the obtaining of fingerprints on the receipts had to be considered as a whole , and , since the evidence at the shop had admittedly been obtained from the appellants by a trick after the offences charged had been committed , he had a discretion at common law to exclude the challenged evidence if its admission would prejudice a fair trial . |
| 12 | He concluded that , albeit the discretion he had under section 78 of the Act of 1984 might be wider than the discretion at common law , the criteria of unfairness were the same whether the discretion was being exercised at common law or under the statute , that paragraph C10.1 had no application to the situation , and that admission of the challenged evidence would not have an adverse effect on the fairness of the trial within section 78 . |
| 13 | However , he held that the criteria of unfairness are the same whether the trial judge is exercising his discretion at common law or under the statute . |
| 14 | This merely enables the local authority to rely on the private law concepts relating to the passing of the burden of covenants attached to land , i.e. the burden of a covenant can not pass to successors in title at common law , Austerberry v Oldham Corporation , and only restrictive covenants , as opposed to positive covenants may pass under the equitable rules , first proposed in Tulk v Moxhay . |
| 15 | As to the former , before 1968 robbery was a felony at common law and , according to Archbold , Criminal Pleading Evidence & Practice , 36th ed. ( 1966 ) , p. 644 , para. 1761 , consisted |
| 16 | Insider Trading at Common Law |
| 17 | Prerogative may be defined as the exceptional position of the king at common law . |
| 18 | In the absence of express provision certain duties are imposed on the landlord at common law and by statute . |
| 19 | ‘ When will an offensive odour amount to a nuisance at common law , in the absence of actual physical damage to property ? ’ i.e. ‘ When will the interference caused by the perception of the odour be ‘ unreasonable ’ in the eyes of the law ? ’ |
| 20 | Often odour nuisance is the result of emissions from several sources , none of which alone would amount to a nuisance at common law , but should the aggregate odour amount to a nuisance at law , it is no defence that the nuisance was caused by many . |
| 21 | A water authority will , therefore , be in breach of its statutory duty if it permits obnoxious odours , which amount to a nuisance at common law , to emanate either from its sewage disposal works , or due to any recycling of treated or untreated sewage sludge on to farm land , and it is open to a local authority or person aggrieved , in the absence of informal agreement perhaps via a Liaison Committee , to seek an injunction to restrain the water authority from causing the nuisance . |
| 22 | Such a construction put on the word ‘ nuisance ’ however renders the public health legislation ineffective in controlling odours which are neither prejudicial to health nor amount to a nuisance at common law but are still a source of annoyance and it still leaves environmental health officers with the task of assessing whether the odour complained of amounts to a common law nuisance . |
| 23 | Where odours arising from offensive trades are , however , in the opinion of the local authority a statutory nuisance within s.92 of the Public Health Act 1936 the local authority is under a duty to take action to seek the odour 's abatement and compliance with the byelaws bestows no immunity in respect of any action which may be taken using the statutory nuisance provisions , nor in respect of any action for a private or public nuisance at common law . |
| 24 | It was further decided that such watching and besetting might be a nuisance at common law and illegal on that ground also . |
| 25 | In Tynan v. Balmerls ( 1966 ) forty pickets in a continuous circle around a factory ( which had the effect of sealing off the highway ) were held not to be legalized by the Act of 1906 because their action was a nuisance at common law and an unreasonable use of the highway . |
| 26 | For example , it has been held that an arrangement void for contravention of the Restrictive Trade Practices Act 1956 constitutes unlawful means but this is hard to reconcile with the clear decision in the Mogul case that an agreement in restraint of trade at common law did not . |
| 27 | ‘ That a corporation at common law can sue in respect of a libel there is no doubt . |
| 28 | Therefore it appears to me clear that a corporation at common law may maintain an action for a libel by which its property is injured . |
| 29 | ‘ That a corporation at common law can sue in respect of a libel there is no doubt . |
| 30 | Therefore it appears to me clear that a corporation at common law may maintain an action for a libel by which its property is injured . |