Liberty to Apply in UK Law

Leading Cases
  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation
    • Queen's Bench Division (Commercial Court)
    • 17 Abr 2008

    An adjournment granted pursuant to section 103(5) of the Arbitration Act 1996 is by its nature a temporary holding measure.

  • R (on the Application of RSM and Another) v Secretary of State for the Home Department (Unaccompanied Minors — Art 17 Dublin Regulation — Remedies)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 12 Abr 2017

    On 20 January 2017 the mechanism of liberty to apply was invoked on behalf of RSM as he had not been admitted to the United Kingdom. This resulted in further listings before the Tribunal on 24 January and 09 February 2107 and delayed the promulgation of this final judgment. This gave rise to further mandatory orders of the Tribunal requiring the Secretary of State to admit RSM to the United Kingdom by a specified date and to equip him with a travel document insofar as necessary.

    It was implicit in our order dated 19 December 2016 that the Secretary of State should effect the admission of the first Applicant, RSM, to the United Kingdom within a reasonable time. The Tribunal would, clearly, be the arbiter of reasonableness in the event of an asserted breach. During the “liberty to apply” phase, some further evidence was lodged on behalf of the Secretary of State.

  • Community Care North East v Durham County Council
    • Queen's Bench Division
    • 29 Abr 2010

    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. Likewise the court has the ability to deal with the terms of that agreement in the same way as any other contract.

  • Tibbles v SIG Plc (trading as Asphaltic Roofing Supplies)
    • Court of Appeal (Civil Division)
    • 26 Abr 2012

    I am nevertheless left with the feeling that the cases cited above, the facts of which are for the most part complex, and reveal litigants, as in Collier v. Williams, seeking to use CPR 3.1(7) to get round other, limiting, provisions of the civil procedure code, may not reveal the true core of circumstances for which that rule was introduced. It may be that there are many other, rather different, cases which raise no problems and do not lead to disputed decisions.

  • Thomas and Another v Baptiste and Others
    • Privy Council
    • 17 Mar 1999

    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
    • UK Non-devolved
    • 1 de Enero de 1937
    ......may be granted or dismissed, shall apply in like. manner to a petition for judicial separation. (2) Where the ...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 ......
  • Supreme Court of Judicature Act 1873
    • UK Non-devolved
    • 1 de Enero de 1873
    ......had not passed, to apply to any Court to restrain. the prosecution thereof, or who may be entitled ...have been taken, shall be at liberty to apply to the. said Courts respectively, by motion in a summary. way, ......
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ...... Summons) Rules 1952(f) or the Matrimonial Causes Rules 1957(g) apply. . (4) These rules shall not have effect in relation to any criminal ... that any affidavits shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof. ......
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ......S-XXI . Wife deserted by her Husband may apply to a Police Magistrate or Justices in Petty Sessions for Protection. XXI ... that Parties, except as herein-before provided, shall be at liberty to verify their respective Cases in whole or in part by Affidavit, but so ......
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Books & Journal Articles
  • Academic Tenure and the Education Reform Act 1988
    • Núm. 54-1, Enero 1991
    • The Modern Law Review
    ...... 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 ......
  • Court‐Ordered Caesarian Sections: In Whose Interests?
    • Núm. 56-2, Marzo 1993
    • The Modern Law Review
    ...... to prevent an assault on another person.I3 Applying this approach to the facts of re S, the inquiry is whether ... the said operation has been performed, any party shall have liberty to apply for such further or other declaration or order as may ......
  • The Normative Basis for Decision on the Merits in Commercial Arbitration: The Extent of Party Autonomy
    • Núm. 10-2, Julio 2016
    • Mizan Law Review
    • Seyoum Yohannes Tesfay
    • Seyoum Yohannes Tesfay??LLB, LLM), Assistant Professor of Law at Addis Ababa University. The author also practices law on a part-time basis.
    • 341-365
    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 di spute in arbitration. Particularly, it ... article further explores whether parties to arbitration are at liberty to mandate the application of fo reign law, rules of law and equity. It ......
    • Núm. 32-5, Septiembre 1969
    • The Modern Law Review
    ...... the law is today in Prance where the same rules apply. Cf. G. H. Camerlynck and G. Lyon-Caen, Droit du Travail (3rd ... these covenants were to be specifically performed, with liberty to apply; adding that if the railway company did not comply ......
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Law Firm Commentaries
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