o oa ob oc od oe of og oh oi ok ol om on oo op or os ot ou ov ow ox oy oz

Перевод: ouster

[существительное]
лишение владения [юр.]; выселение; увольнение; снятие с должности; отнятие имущества

Тезаурус:

1. Mr Justice Douglas Brown said that the defendants were negligent (1) in failing to appreciate that they were dealing with a husband of substantial means who might well be able to afford to pay, not only a lump sum, but also substantial periodical payments; (2) in failing to obtain full disclosure of the husband's financial affairs; (3) in failing to realise that because of family trusts and wills the husband had an expectation of further assets; (4) in advising the wife to obtain a mortgage when she had no taxable income; (5) in recommending a settlement which removed the wife's undoubted right to maintenance; and (6) in failing to use ouster proceedings to remove the husband from the matrimonial home.
2. This change of atmosphere is important because the scope and effectiveness of statutory ouster clauses is a matter of statutory interpretation, and so it is open to the courts, by interpreting ouster clauses more or less strictly, to regulate access to judicial review.
3. Another important type of statutory ouster clause are clauses which set a time-limit on judicial review.
4. There is a strong presumption (invented by the courts) against ouster of the original and appellate jurisdiction of the ordinary courts.
5. But interpreting the words of a statute is often not a simple matter, and an ouster clause will often be capable of being given more than one meaning.
6. In theory, the effect of a statutory ouster clause is simply a matter of statutory interpretation.
7. And Shimon Peres is eager to avoid a showdown which may lead to his ouster as leader of the Labour Party."
8. Express Ouster
9. The presumption against ouster of original jurisdiction which was mentioned above applies here too.
10. Also, the factors identified above as relevant to deciding the effect of alternative remedies may be relevant to deciding what effect to give to a statutory ouster clause which is open to more than one interpretation.
11. Secondly, after a period when the insertion into statutes of ouster clauses of the Anisminic type fell out of favour, their use is again on the increase.
12. Implied Ouster by Alternative Remedies