Also, the police ought to have surmised from the locale of the conflict – a predominantly Roma neighbourhood – that it was likely to draw in more people, since it was well known that Roma, who had strong

applicant's representatives requested the Court under Rule   39 of the Rules of Court to indicate to the Government that a decision of 20 January 2006 of the Zugdidi District Court, by which their client ought

    In a further appeal to the Administrative Jurisdiction Division, the applicant argued, firstly, that his father ought to be granted a dispensation from the income requirement.

premises so as to be prejudicial to health or a nuisance; ... and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought

The Court considered that shortly after V.C.L. and A.N. were apprehended by the police, the authorities ought to have been aware of the existence of circumstances giving rise to a credible suspicion that

Furthermore, it ought also to protect the authorities and other persons concerned from being under any uncertainty for a prolonged period of time (see Bulut and Yavuz v.

They submitted that under Article 261 of the Civil Code, the general limitation period of three years started to run as of the date the person learned or ought to have learned of the violation of his or

Lastly, it cited Article 337 § 1 of the Civil Code, under which the statutory limitation period starts to run from the day on which the person concerned becomes aware or ought to have become aware of the

becomes aware of circumstances which render the remedy ineffective; in such a case it is appropriate to take as the start of the six ‑ month period the date when he or she first became aware or ought

    The applicant appealed against that decision, contending that she did not agree with the medical expert’s finding and that she ought to have been granted the disability pension. 11.

part, such decision or act to       be null and void and of no effect whatsoever; or       (c) declare that such omission, either in whole or in part, ought

of an apparently existing remedy and only subsequently becomes aware of circumstances which render the remedy ineffective, the six-month period starts from the date when the applicant first became or ought

Accordingly, the applicant company, the manager of which was aware that persons engaging in prostitution used the server to make contact with potential clients, ought to have known at the material time

The decision not to order a retrial had spared the applicant the stress and anxiety of undergoing another criminal trial and she had not argued that there ought to have been a re-trial.

Furthermore, it ought also to protect the authorities and other persons concerned from being under any uncertainty for a prolonged period of time (see Bayram and Yıldırım v.

In consequence, the Court was not convinced of the adequacy of the grounds on which the authorities had relied when concluding that the child ought to be taken into the care of the social services.

In particular:   (a)     When did the authorities become aware or ought to be aware of the presence of injuries on the applicant’s body?

Thus, the police had known or certainly ought to have known of the real and immediate threat to the safety of the applicant’s daughter.

The applicant argued that, despite the fact that he had been granted a residence permit, the Court ought to continue its examination of this complaint, submitting that a ruling of the Court on this issue

Furthermore, it ought also to protect the authorities and other persons concerned from being under any uncertainty for a prolonged period of time (see Bulut and Yavuz v.