Liberty to Apply in UK Law
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Community Care North East v Durham County Council
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In my judgment where the terms are contained in a schedule to the Tomlin Order the position is different from the terms being incorporated as part of a consent order. The court approves and orders the consent order in the first case but only approves and orders the terms of the order but not the terms of the schedule in the second case.
In relation to the terms of the agreement incorporated in the schedule to the Tomlin Order, other considerations apply. The terms of the schedule are not an order made by the court. The court obviously has the ability to interpret that agreement on well known principles of interpretation, as set out in Sirius and would have to do so when it was asked to take any enforcement action under the standard liberty to apply for that purpose in the Tomlin Order.
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Fili Shipping Company Ltd v Premium Nafta Products Ltd; Fiona Trust & Holding Corporation v Privalov
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"This order and the undertakings given are an interim measure only in order to allow the Lawrence Graham defendants sufficient time to seek to provide alternative security and nothing in the order or undertakings shall in any way affect the appropriate form of security. [The defendants] shall have liberty to apply to use funds in the Lawrence Graham Account in the ordinary course of business or to vary the undertakings given above so as to provide substitute security or otherwise.
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Grobbelaar v News Group Newspapers Ltd
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Tibbles v SIG Plc (trading as Asphaltic Roofing Supplies)
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Thwaite v Thwaite
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His jurisdiction arose, not from the liberty to apply as he held, but from the fact that the wife's original application for ancillary relief was still before the court and awaiting adjudication. It had not been dismissed since the conveyance had never been executed, so that that part of the order of 30th April 1979, by which her application was dismissed, had never come into effect.
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Thomas and Another v Baptiste and Others
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It is the general right accorded to all litigants not to have the outcome of any pending appellate or other legal process pre-empted by executive action. By ratifying a treaty which provides for individual access to an international body, the Government made that process for the time being part of the domestic criminal justice system and thereby temporarily at least extended the scope of the due process clause in the Constitution.
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Matrimonial Causes Act 1937
... ... may be granted or dismissed, shall apply in like ... manner to a petition for judicial separation ... (2) ... against whom the decree nisi has been granted shall ... be at liberty to apply to the court and the court ... shall, on such application, have ... ...
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Chancery (Ireland) Act 1867
... ... upon Application made for that Purpose; and the Master shall be at liberty to proceed for the Purposes aforesaid in the Absence of any of the Parties ... in that Behalf be prescribed by the General Order of the Court, apply to the Court to add to or vary the Decree ... Rule 10. In all Suits ... ...
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Supreme Court of Judicature Act 1873
... ... had not passed, to apply to any Court to restrain ... the prosecution thereof, or who may be ... have been taken, shall be at liberty to apply to the ... said Courts respectively, by motion in a summary ... ...
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Supreme Court of Judicature (Ireland) Act 1877
... ... The provisions of this section shall not apply to the Lord Chancellor. S-16 ... Provisions for extraordinary duties of ... or matter may have been taken, shall be at liberty to ... apply to the said Courts respectively, by motion in a ... summary ... ...
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Academic Tenure and the Education Reform Act 1988
... ... By s 204(2), however, no such modification was to apply to a person unless his appointment was made, or his contract ... No injunction was granted, but the plaintiffs were given liberty to apply for an injunction if no reference was made within ... ...
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Court‐Ordered Caesarian Sections: In Whose Interests?
... ... the said operation has been performed, any party shall have liberty to apply for such further or other declaration or order as may ... ...
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Recent Legal Decisions affecting Public Administration
... ... made no change in the old law. The section did not apply to a weekly tenant who occupied a tenemeGt for a year and ... was accordingly made on behalf of the lainM for liberty to apply for an injunction. Mr. Justice Eve granted the ... ...
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The Normative Basis for Decision on the Merits in Commercial Arbitration: The Extent of Party Autonomy
This article examines the extent of party autonomy in determining the norms that apply to the substance of a commercial dispute in arbitration. Particularly, it analyses ‘principles of law,’ the no...... ... examines the extent of party autonomy in determining the norms that apply to the substance of a commercial dispute in arbitration ... The article further explores whether parties to arbitration are at liberty to mandate the application of foreign law, rules of law and equity. It ... ...
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'FSL NEW YORK' High Court Sides With P&I Club Over LOU Dispute
... ... a direct right of action against the P&I club, and whether it could apply for a court order to increase the value of the security provided ... In ... "It is agreed that both Charterers and Owners shall have liberty to apply [our emphasis] if and to the extent the Security sum is ... ...
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Supreme Court Concluded That The Court Does Have The Power To Grant "Newcomer" Injunctions
... ... whose names are not known. They therefore apply potentially to ... anyone in the world." ... When will a newcomer ... application and order to their attention and liberty to apply to ... have any injunction varied or set aside; ... Applicants ... ...
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Court Of Appeal Orders Claimant To Pay Over US$ 70 Million Damages For Worldwide Freezing Injunction
... ... The defendant was given liberty to apply to the court for the release of the secured funds for such ... ...
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The Decision In BJ v MJ And Others [2011] EWHC 2708
... ... of any significant beneficiaries explaining that they are at liberty to apply to intervene or otherwise to make representations' ... In this ... ...
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Apply to authorise a deprivation of liberty
Court of Protection forms including the COP1 application to make decisions on someone's behalf.
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Order menu - Directions revised private law programme
Standard directions forms under the Children Act.... ... □ (Other - specify) ... [ ] Liberty ... □ (Other - specify) ... [ ] Liberty to apply ... ...
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Disclosure orders against the Inland Revenue
General forms, including the Affidavit of Service form and complaints.... ... There be liberty ... There be liberty to the Inland Revenue to apply ... ...
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Deprivation of liberty - Declaration of exceptional urgency
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... Please state what interim relief is sought and why? ... Section 2 - Proposed timetable ... Please tick the boxes that apply ... The application for interim relief should be ... considered within ... Abridgement of time is sought for the lodging of ... acknowledgments of ... ...