There is absolutely no need to insist on 3D GPS traces, provided that the claimant can also supply an approved barograph trace. |
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The claimant and his family have been the victims of violence and discrimination in one town. |
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The boots had steel toecaps which were designed to protect the claimant in the course of his employment from injury to his toes. |
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As between a claimant and a tortfeasor the onus is on the latter to show that the former has unreasonably neglected to mitigate the damages. |
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Thus Mr Smith is now the respondent to this appeal, whereas Mr Clark was the claimant below. |
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Where the defendant's comment imputes corrupt, dishonest or wicked motives to the claimant the position is different. |
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His friend was interested in Ahmadiyya and found out that the claimant was an Ahmadi. |
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The claimant would wish to call several witnesses, including Professor Keane, in rebuttal. |
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It was clear to me that in view of the learned Recorder's judgment, the claimant had no option but to discontinue the claim. |
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They involve each claimant getting into the witness box and giving evidence as to what happened to them. |
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The claimant originally pleaded that the bank was guilty of knowing receipt of funds transferred in breach of trust. |
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Here it will have to be determined whether the words in fact refer to the claimant. |
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A particular claimant might have had prospects or chances of advancement and increasingly remunerative employment. |
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The claimant said that she committed her offences in order to raise cash for drugs, those drugs being originally amphetamine and later heroin. |
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The claimant could often convert the lump sum into an annuity, but this would take no account of a deterioration in health, for example. |
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The claimant, who is now publicly funded, could have obtained legal aid at an earlier stage. |
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The claimant was a co-operative and owned the freehold of a block of flats where the defendant was a lessee. |
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She concedes that a review by a competent authority was required before the claimant could be considered for release. |
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The claimant cannot select apparently libellous statements if the passage taken as a whole is not defamatory. |
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Where the injury to the claimant is caused as a result of his especially sensitive activity, no claim will lie. |
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The lien may be claimed and maintained so long as the article remains in the possession of the lien claimant. |
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It is essential for the claimant to establish that, throughout the period of use, he has enjoyed the right he claims as of right. |
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On his part, he had no doubts that the claimant was an impostor and his supporters fools and rogues. |
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The claimant do not identify any legal or factual basis to support their argument that the policy should not apply to them. |
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In 1989 there were only three armigers in the Clan, one of whom was an active claimant to the Chiefship. |
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Complaints are lodged by the claimant victim or, if this is not possible, by relatives or representatives. |
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The claimant knows all the things he ought to know, and talks convincingly to the long-lost heir's friends. |
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Would your Lordship order the claimant to pay the Secretary of State's costs? |
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The claimant was a police officer who alleged that a fellow police officer sexually assaulted her while they were both off duty. |
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The claimant long wished to dress as, and assume the appearance of, a woman. |
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Of course, if the claimant has hired a substitute there should be no loss of profit. |
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The defendant will aver that there is no partnership agreement between the claimant and the defendant made either orally or in writing. |
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There was in fact no evidence of malicious attack by any third party, let alone the claimant. |
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If the executors come and the testament is proved, the claimant shall have seisin of the property. |
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Consequently the first question is whether the claimant has a personal cause of action against the defendant. |
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The Pottages opened the boot of their car, at the very least appearing to ignore the claimant who continued to address them. |
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The third did offer a sympathetic ear but no practical solutions, other than to suggest to the claimant that he should prioritise his work. |
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The fact that a claimant has convictions for offences of dishonesty does not mean that a jury must disbelieve him. |
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The intended claimant has a good cause of action against the intended defendant in respect of each of the claims. |
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It is because the claimant is over 26 that she is said to qualify for the minimum wage. |
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It was clear that the Commission approached the case with a determination to find against the claimant at all costs. |
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The fact that the claimant was a trespasser is, from the defendant's point of view, purely fortuitous. |
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In that case the claimant bank had accepted a bill of lading under a letter of credit after the period of validity of the credit had expired. |
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After only a few weeks of that term the claimant came off on the sick again with depression and this time never returned. |
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And your Lordship will, of course, note that the claimant was represented by a silk and junior in this case. |
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Skip tracing uses a combination of information sources to patchwork together one solid lead to find and follow the claimant. |
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That is not restricted to the situation where the claimant is successful or unsuccessful. |
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In 1954 the claimant, then 21 years of age, began to work for the first defendant as a machine operative. |
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It is difficult for the claimant to say that the defendant was negligent in not seeing him, if he had not seen the defendant. |
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Furthermore the claimant was not motivated by a desire for vindication, but was pursuing a vendetta. |
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It may well be that the ultimate objection is that such a pleading places a burden of proof on the claimant to prove his innocence. |
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The claimant has reason to believe that named family members had bank accounts spoliated in France during the war and not restored after the war. |
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The claimant soon became aware of the noise from aircraft stacking over Mayfield. |
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The second is satisfied if the occupier knows that the claimant may come into the vicinity of the danger. |
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The claimant has also no right to a conditional discharge while the recognised statutory requirements for detention are satisfied. |
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What acts or omissions can the claimant rely upon in relation to each defendant separately? |
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It is also irrelevant, at common law, that the defendant did not intend to refer to the claimant. |
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That fact, however, does not, in my judgment, acquit the claimant of any responsibility or fault for the accident that so arises. |
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In an action for damages for personal injury, the claimant must prove either physical injury or a recognised psychiatric injury. |
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It is perfectly clear that at no time did the claimant hold any such appointment as a member of any such body. |
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If no such notice in given, the claimant can be penalised in terms of costs. |
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As a result of these incidents the fourth claimant resigned from the golf club. |
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The claimant has to prove not merely his own identity but also the fact of his parents' marriage. |
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The second claimant is Joseph Conrad, who has already been mentioned under his patronym, Korzeniowski. |
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If these rules on paternity lead to the identification of a legal father, then any other claimant will be excluded. |
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This was a most dreadful and unfortunate accident that will continue to have very serious consequences for the claimant. |
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Joseph Mercedes, a young man of Spanish extraction, from San Diego, Cal., is the latest claimant of unusual psychic powers. |
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As a matter of law the claimant is thereby estopped from bringing the present claim. |
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The cause of action is deemed to have subsisted before the death, allowing the claimant to sue the estate. |
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The attack occurred when the claimant was off duty and exercising the dog on the fields adjacent to his house. |
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At that date it was apparent that the claimant had decided not to pursue any proceedings for unlawful eviction. |
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An action for mesne profits, unlike ejectment, allows the claimant to claim damages for his loss during the period that he has been dispossessed. |
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They then purported to exchange contracts with the winner of that race on behalf of both claimant and defendant. |
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As the claimant to China's political and cultural heritage, they have built in a grandiose classical style. |
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The present proceedings were initiated by the claimant, whose claim alleges that Process A infringes the patent in suit. |
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The deceased and his wife had a young puppy whose barking on the morning of the killing had irritated the claimant. |
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There will be an order for costs in the appropriate form, bearing in mind that the claimant is publicly funded. |
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I must do the best I can to be fair to both the claimant and the defendant on the evidence that is before me. |
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Where damage is the gist of the action, as in negligence, the claimant must prove actual loss. |
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The claimant and all three defendants were represented at the hearing of the application. |
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The defendant cannot engage in recrimination or trade defamatory comments with the claimant. |
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That of course presupposes that there was any basis for asking direct questions of the claimant at discharge, and in my view there was not. |
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This ground of challenge may be used where the claimant alleges that there has been an unlawful delegation of power. |
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The Court of Appeal reversed the trial judge and gave judgment for the claimant. |
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On 14th February 1996, the freehold interest in the building was transferred to the claimant. |
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The second condition is that the agreement causes damage to the particular claimant. |
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The refugees' precarious situations, and their unfamiliarity with the claimant process, make them easy prey for crooked consultants. |
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Protracted proceedings in a forum that is both remote from and unfamiliar to the claimant can be spared. |
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The issue was decided against the claimant who appealed to the Court of Appeal. |
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It is accepted by the claimant that the defendant has a right of way for residential purposes. |
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The defendant does not contend that the claimant elected to affirm the contract. |
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The claimant introduced the documentary evidence at the start of the hearing. |
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As part of his claimant stated that he could no longer play any sports as a consequence of the accident. |
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The claimant is the local planning authority, having statutory powers of enforcement in connection with Kings Farm. |
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The judge rejected all three complaints, and the claimant then appealed to this court. |
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In order to sue for whiplash, any claimant has to have been involved in a crash that wasn't their fault. |
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He arrested the claimant on suspicion of assault occasioning actual bodily harm and when cautioned the claimant made no reply. |
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Nevertheless if the claimant proves that the defendant was actuated by malice this defence will fail. |
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Proof by the claimant that the defendant was actuated by express malice removes the privilege. |
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If the executors do not appear, but the claimant can prove by inquest that the testator bequeathed him the tenement, it shall be delivered to him. |
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The claimant has to show that the tribunal erred in law in refusing leave. |
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The claimant may also expect to discover whether the custody officer who detained him did so from a genuine belief in the need so to act, or from some ulterior motive. |
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Here again I would stress that the attention which is desiderated in connection with the bodily function must be some close and intimate service to the person or claimant. |
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The final category of claimant meriting some consideration is the rescuer. |
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As a matter of law and as a matter of discretion, I think that justice requires the claimant, if it wishes further to prosecute its new claims, to do so in a fresh action. |
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At all material times and since the initial notification of this claim, the defendants, via its solicitors have averred that the claimant has failed to prove its claim. |
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The claimant then made the third radio transmission on channel seven. |
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In April of 1990, the claimant commenced his occupation of the premises. |
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There is credible, strong and uncontroverted evidence that the sole effective support services currently available to the claimant are within the City of Westminster. |
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The claimant and the objectors proceeded before the inspector upon the common ground that the terms of the map and the statement were irreconcilable. |
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In a case where the claimant is expected to require life-long medical assistance, the multiplier used is likely to exceed that employed in assessing damages for lost earnings. |
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He inveigled himself into the workings of the claimant company indicating to them that he was a solicitor and could assist them in litigation with which they were involved. |
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So, on any test of scrutiny or deference, there is no arguable reason for suggesting that this point of the claimant makes the determination assailable. |
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The primary focus of those claims is in breach of duty and negligence, but I cannot agree that the defendant had a duty of care towards the claimant. |
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I regard the present case as one in which the claimant is seeking to protect the confidential and privileged document, namely the original report. |
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The defendant has further submitted that the claimant cannot recover for upset, nightmares or flashbacks as these do not amount to psychological injury. |
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The claimant gave notice that she was abandoning the claim to a right to park on 1 May 2001, but continued to press her claim for an unlimited vehicular right of way. |
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The claimant is a l5-year-old boy with special educational needs. |
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This order does not include costs relating to any rebuttal experiment the claimant may have performed which was not the subject of Dr Jones's evidence. |
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Thus the position now acknowledged is that in an appropriate case a claimant in a negligence suit may establish a prima facie case by relying on the fact of the accident. |
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A psychic claimant, even a fully honest one, might want to demand such a statement because scientists sometimes overgeneralize or overstate the implications of their results. |
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Three categories of claimant were stood down workers who were workers who were stood off from their employment when the gas interruption shut down their places of employment. |
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In other words, it must be shown that the object or purpose of the defendant is to inflict harm on the claimant, either as an end in itself, or as a means to another end. |
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It is his submission that there is no warrant for the proposition that the claimant can rely upon matters which were unknown and could not have been known to the defendant. |
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Marie refused to acknowledge her as a granddaughter, and there was the little matter of the missing Romanov assets that this possible new claimant could complicate. |
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A stay of execution may be granted but even then the defendant will have to persuade the court that there is a good reason why the claimant should not be paid. |
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In that case, there was a finding at first instance, which was not challenged in the Court of Appeal that the claimant did not have capacity to give her consent. |
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The claimant brought an action for wrongful arrest and false imprisonment. |
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A lien may be claimed as an in rem right against an article on which the lien claimant has effected repairs or expended money for repairs or for which it has provided storage. |
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The claimant gave uncontested evidence about the agricultural use of the defendant's premises, which include what was formerly a piggery and about 25 acres of grassland. |
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The latter is undoubtedly the case because there is a copy of the disclaimer with an endorsement indicating that the claimant had refused to sign it. |
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The claimant was given an extended sentence and after release, but during the period of licence, he was recalled by the Secretary of State and returned to prison. |
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I think it may have been the case that Mr Smith was committed to the claimant and wanted to live with her but I am not satisfied that this wish was reciprocated by Miss King. |
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Here, the Court found that the defendant held the fund on a constructive trust in favour of the claimant. |
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Perkin Warbeck, an impostor claimant to the English throne, who claimed to be Edward's son Richard of Shrewsbury, reportedly resembled Edward. |
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The last claimant was William of Normandy, against whose anticipated invasion King Harold Godwinson made most of his preparations. |
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Often cases are brought by the Crown according to the complaint of a claimant. |
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The claimant count and the headline estimate of unemployment based on data collected in the Labour Force Survey. |
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More information on the difference between the claimant count and the headline measure of unemployment is in this pdf. |
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Robert Bruce of Annandale, the next strongest claimant, accepted this outcome with reluctance. |
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Rivals John Comyn and Robert the Bruce, grandson of the claimant Robert Bruce of Annandale, were appointed as joint guardians in Wallace's place. |
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For his part, Edward agreed that he would return control of both kingdom and castles to the successful claimant within two months. |
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Other clauses in the agreement strongly suggest that of the two, only Bruce could really expect to be a successful claimant. |
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This was an important consideration since neither claimant to the throne of France had been officially crowned yet. |
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Another claimant to the title is Salisbury, established in the early 13th century by the then Bishop of Sarum. |
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Following Iorwerth's death, Llywelyn was, at least in the eyes of the church, the legitimate claimant to the throne of Gwynedd. |
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Cases are normally heard at the court having jurisdiction over the area where the claimant lives. |
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In debt cases, the aim of a claimant taking County Court action against a defendant is to secure a County Court judgment. |
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Muhammad ibn Ganiya, the Almoravid claimant, fled to Palma and established his capital there. |
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If validated, such a claim gives the claimant state rights to what may be on or beneath the sea bottom within the claimed zone. |
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A pretender is a claimant to an abolished throne or to a throne already occupied by somebody else. |
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Taiwan, also a claimant, has no concrete relations with any ASEAN states, but has an informal office in the Philippines. |
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The claimant must prove that the breach of the duty of care caused actionable damage. |
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In all cases, the burden of proof is on the claimant to prove the cause as pleaded. |
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Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. |
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Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. |
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The claimant would be entitled to the direct costs required to rebuild the factory and replace the damaged machinery. |
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These may include the lost profits that the claimant could have been expected to make in the period whilst the factory was closed and rebuilt. |
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Damages in tort are generally awarded to place the claimant in the position that would have been taken had the tort not taken place. |
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This is not easily quantifiable, and depends on the individual circumstances of the claimant. |
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Secondly, the claimant must show that the defendant took advantage of this special disability. |
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To recover damages, a claimant must show that the breach of contract caused foreseeable loss. |
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The claimant can sue for most acts that interfere with their use and enjoyment of their land. |
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If the claimant is involved in wrongdoing at the time the alleged negligence occurred, this may extinguish or reduce the defendant's liability. |
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A claimant who has suffered only emotional distress and no pecuniary loss would not recover for negligence. |
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Analysts put the fall in the monthly claimant count down to an increase in part-time employment and fewer redundancies. |
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Charles the Bald was at war with Pippin II from the start of his reign in 840, and the Treaty of Verdun ignored the claimant and assigned Aquitaine to Charles. |
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Although the claimant admitted to dancing in mosh pits on at least 30 occasions prior to the night in question, he denied participating that night. |
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When the Cameroonian showed up in court, he contended that the claimant fabricated the criminal case against him because he had lodged a labour lawsuit against him. |
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If the claimant is deceased, is the correct paperwork on file, such as a distributee form or proof of relationship in order to release the records? |
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However, the exile of Dom Antonio, the claimant to the Portuguese throne, gave an unexpected impetus to the resumption of the Guinea or rather the Senegambian slave trade. |
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Unlike the Whigs, Harley and his ministry were ready to compromise by giving Spain to the Bourbon claimant, Philip of Anjou, in return for commercial concessions. |
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In some jurisdictions, in order to successfully raise an contributory negligence defense, the defendant must prove the negligence of a plaintiff or claimant. |
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In short, the correcting of the injustice that occurred when the claimant suffered a subtraction of wealth and the defendant received corresponding benefit. |
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Firstly, the claimant must show that they were under a special disability, the test for this being that they were unable to act in their best interest. |
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The courts will assess each claim on its own particular facts and therefore if one claimant recovers more quickly than another, the damages will be reflected accordingly. |
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The claimant may also be entitled to any consequential losses. |
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Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. |
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To be sure Judge Fell and Mr. Miner were Federalists, but the first was an ardent Pennamite while the latter was a regular Yankee and claimant under Connecticut. |
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The war was partly due to a dispute over who was the rightful claimant to the British Throne, and thus the supreme monarch of the nascent British Empire. |
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Henry, having been acclaimed King Henry VII, then strengthened his position by marrying Elizabeth of York, daughter of Edward IV and the best surviving Yorkist claimant. |
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The final victory went to a claimant of the Lancastrian party, Henry Tudor, Earl of Richmond, who defeated the last Yorkist king, Richard III, at the Battle of Bosworth Field. |
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After we deposed the claimant we had enough evidence to avoid a trial. |
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The Claimant would then have to litigate in England against the English Defendant and in Germany against the German Defendant. |
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By reason thereof, the Claimant is estopped from denying that he is entitled to use the driveway for those purposes. |
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One therefore turns to examine whether the Claimant can pray in aid any words added by amendment to the Convention. |
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Some reliance was placed on this by him since the Claimant, it is not disputed, falls within that very broad category. |
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The Claimant in this claim for judicial review is the Secretary of State for the Home Department. |
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The Claimant and those like her are of course not within the territorial jurisdiction of the United Kingdom. |
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On or before 3 February 1989, the Claimant herein had failed to make the said payments as set out herein above. |
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Further, his detention was unlawful, not being founded upon reasonable suspicion of the commission by the Claimant of an arrestable offence. |
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The Claimant was sentenced to three years imprisonment and a fine of Italian lire 3 million and costs. |
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The meeting noted that the Claimant frequently requires physical restraint and at times intra muscular medication. |
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The Claimant is a member of Parliament and the former leader of the Liberal Democrats. |
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Does the Defendant have any ground at law for preventing the Claimant from obtaining possession? |
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On this appeal the Claimant contends that the Judge was wrong and should not in any event have decided the point summarily. |
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He accepted that in the witness box and was supporting the Claimant because he felt she had the right to try. |
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The Claimant was under the impression that there was no need to pursue the asylum appeal if his work permit was approved. |
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The Claimant would lose his action against the primary tort feasor and must look to a claim against his solicitors. |
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The Inspector failed to set out adequate reasons for his decision, as a result of which the Claimant has suffered substantial prejudice. |
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The Claimant is seeking damages for loss of access to Government Business Grants. |
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The Claimant alleges that the first Defendant gave her consent for him to call her, and to accompany him to a party. |
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The Claimant was then arrested by PC Groves for an offence under the Public Order Act 1986 and the Claimant was cautioned. |
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The Claimant had no option but to do this as the couple were suffering terrible harassment and intimidation. |
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The Claimant made a further statement to the police on 2 January 2003 in support of her complaint. |
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It is said on behalf of the Claimant that this vitiated the decision-making process because it was misleading. |
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The Claimant is not able to specify the identity of the items ordered for each of the sales listed. |
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It is accepted that the Claimant did not provide any independent valuations of the Strip and the Back Land. |
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Each and every allegation herein contained is denied as if specifically traversed and the Claimant is put to the proof thereof. |
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I recall that the Claimant was keen to take up this post otherwise he would not have specifically requested this posting. |
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There has been no cross examination of the Claimant with a view to establishing what degree of contributory negligence should be attributed to him. |
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The Defendant has failed and neglected to account to the Claimant. |
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Also in these proceedings permission was sought by the Claimant to apply for judicial review to quash the decision letter on the Claimant's costs application. |
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Any future disclosure would be preceded by prior notification to the Claimant save in exceptional circumstances where this was not reasonably practicable. |
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He also says that the Claimant became withdrawn and anti-social. |
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The Defendants deny that they could reasonably have anticipated that the Claimant would have suffered any injury as a result of her minimal exposure to colophony fumes. |
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It stated that a copy of the agreement and side letter had been sent to the Claimant and that she would be able to complete when she had them back duly signed by the Claimant. |
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Any unfair jeopardy to the Claimant should be dealt with if it arises. |
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The Claimant is to pay the Defendants costs, to include the costs of appeal, from 15 April 1999, such costs to be subject to a detailed assessment in default of the agreement. |
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The Claimant is a final year student at the Chelsea College of Article. |
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More information on the differences between the official headline unemployment figure and the Claimant Count is in this document. |
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The Claimant Count aims to measure the number of people claiming a benefit principally because they are unemployed. |
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