Overriding Objective. A. The overriding objective of the Halls of Residence Discipline Regulations is to: • Deal with allegations fairly and in ways that are proportionate to the alleged breach • Carry out a reasonable investigation into the facts • Allow you to know the allegation(s) against you and see the supporting evidence, along with a reasonable chance for you to set out your case • Take account of the interests of anyone affected by what has happened (victims and/or witnesses) • Deal with matters efficiently and speedily
Overriding Objective. In construing the Agreement or on the making of any arbitral order or award regard shall be had to the overriding purposes of the Agreement namely:
Overriding Objective. In providing the Services the Approved Activity Provider shall at all times be responsible for supporting the achievement of the Charity’s overall aim as expressed in its Mission Statement and for promoting and fostering the ten guiding principles as set out in the DofE Handbook.
Overriding Objective. In construing the Agreement or on the making of any arbitral order or award regard shall be had to the overriding purposes of the Agreement namely: a to seek to promote safety of life at sea and the preservation of property at sea and during the salvage operations to prevent or minimise damage to the environment; b to ensure that its provisions are operated in good faith and that it is read and understood to operate in a reasonably businesslike manner; c to encourage cooperation between the parties and with relevant authorities; d to ensure that the reasonable expectations of salvors and owners of salved property are met and e to ensure that it leads to a fair and efficient disposal of disputes between the parties whether amicably, by mediation or by arbitration within a reasonable time and at a reasonable cost.
Overriding Objective. 2.2.1 The overriding objective of the Halls of Residence Misconduct Regulations is to: • Deal with allegations fairly and in ways that are proportionate to the alleged breach • Carry out a reasonable investigation into the facts • Allow you to know the allegation(s) against you and allow you to set out you case via email or in a face-to-face meeting depending on the severity of the allegation. • Where appropriate, evidence will be shared with you and in circumstances where the evidence cannot be shared a summary of evidence will be provided. • Take account of the interests of anyone affected by what has happened (victims and/or witnesses) • Deal with matters efficiently and speedily
Overriding Objective. [85] It strikes me that if leave to amend is granted, Xx. Xxxxx would need to amend her pleadings unless her defence would amount to more than joinder of issue. Justice would dictate that she be provided an opportunity to respond orally to the new assertions. This would normally require the filing and exchange of witness statements before the resumption of the trial, to afford the defendants some time to familiarize themselves with any new averments introduced by Xx. Xxxxx, and to prepare and file witness statements also. The result would be that the filing of pleadings and evidence would once more extend the trial timetable. The resumption of the trial would have to be postponed for at least another 3 months. The practicalities and consequences of this would in my mind run contrary to the overriding objective to do justice among the parties. [86] Presumably, all parties would have addressed their minds fully to those matters after having been given the issue to consider the doctrine of res judicata in March 2018. If they did not, it would seem inconvenient and contrary to the overriding objective to afford them another 3 to 4 months to do so. The court reminds itself that the parties have always been represented by seasoned legal practitioners and do not allege or appear to have been prejudiced by lack of adequate representation during the relevant periods. [87] Conceivably any further protracted delay would have the knock on effect of increasing related expenses and could justifiably be viewed as a situation in which a disproportionate amount of resources is being applied for the benefit of the parties having regard to its importance and difficulty and the parties’ means. Importantly, the court remains mindful of its duty to manage and allot its resources among its clientele in a judicious manner. Pronouncements by the court in Worldwide Corporation Ltd v. GPT Ltd are particularly instructive. I can do no better than repeat and adopt them for present purposes. In the words of Xxxxxx XX: ‘Where a party has had many months to consider how he wants to put his case and where it is not by virtue of some new factor appearing from some disclosure only recently made, why, one asks rhetorically, should he be entitled to cause the trial to be delayed so far as his opponent is concerned and why should he be entitled to cause inconvenience to other litigants?’44 [88] In all the circumstances, and having considered the factors, legal principles and circumstances abov...
Overriding Objective. [22] The requirement that the Court deals with cases justly pursuant to the overriding objective is in favour of granting the extension of time sought since the striking out of NGC’s claim at this stage will occasion a result that is both unexpected and undeserved.
Overriding Objective. It is the intention of the Parties that the full legal and beneficial title to the Regulated Assets and associated liabilities, including for the avoidance of doubt the entire Sportingbet Australian Business, shall vest in WH Bidco or its nominee(s) at the Transfer Completion Time (save as envisaged by operation of schedule 4 (The Call Option)) and that the entire issued and to be issued share capital of Sportingbet and the Retained Businesses and associated liabilities should vest in the GVC Group from the Effective Time. Xxxxxxx Xxxx and GVC agree to work together in good faith to achieve this overriding objective, notwithstanding that it is acknowledged that the assets and liabilities of the Sportingbet Group as at the Effective Time and Migration Completion may differ from that which is anticipated as at the date of this deed. With this in mind, the parties agree to provide each other with such information and assistance as may be required by either party acting reasonably.
Overriding Objective. The Parties’ overriding objective in relation to the Transitional Arrangements is to allow (i) FB to achieve business continuity in respect of the FB Businesses and (ii) PR to achieve business continuity in respect of the PR Businesses, in each case in the period between the Effective Date and the time at which the operational aspects of FB Businesses and the PR Businesses are fully separated.
Overriding Objective. 3.1.1 The Institute of Actuaries and the FSA respectively recognise that the overriding objective under Part XX is the provision of an appropriate level of protection for the interests of clients.
