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And prosecutors should apply, where possible, for restraining orders in the event of a conviction or acquittal.
The theory here, adopted by the trial court, was that equitable subrogation should apply where the moneys advanced by a lender were used to pay off prior mortgages on the property, but only to that extent -- which is exactly what happened here.
Again following the recommendations of the Commission report, which states that "higher maximum penalties should apply where the drugs are procured or supplied using the internet".
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Most conduct is intentional and such exclusions should only apply where there has been an intentional breach of the law.
Arizona, supported by the Obama administration, said the exception should not apply where tax credits rather than direct government spending were at issue.
In general, he wrote, "the exigent circumstances rule should not apply where the police, without a warrant or any legally sound basis for a warrantless entry, threaten that they will enter without permission unless admitted".
4 There is a strong argument to be made that, at least in most circumstances, the exigent circumstances rule should not apply where the police, without a warrant or any legally sound basis for a warrantless entry, threaten that they will enter without permission unless admitted.
In particular, the under-occupancy penalty on housing benefit claimants in social housing deemed to have surplus bedrooms should not apply where the tenants are unlikely to find alternative suitable accommodation in the area, it said.
But the ISPs and consumer groups say this principle of deference should not apply where the agency has been inconsistent in its own interpretation of the law and where the agency did not rule at all until after the case got to court.
However, this requirement should not apply where the relevant Union or national law allows for automated cross-border data exchange without an explicit user request.
The obligation to make such a procedure fully available online should only apply where the procedure has been established in the Member State concerned.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com