Sentences with phrase «as abuse of»

The judge struck the defence as abuse of process.

Second, despite problem behaviour being less common among Chinese adolescents than among their Western counterparts (Jessor et al. 2003), there is a rising trend of adolescent developmental problems, such as abuse of psychotropic substances (Shek 2007), adolescent suicide (Sun and Hui 2007) and school violence (Wong 2004).

On the other hand, if you are filing for sole custody because you plan to alienate your child from her other parent and the court picks up on this, it will likely see your actions as an abuse of the custody process and not award you sole custody.

Democratic Senator Mark Warner of Virginia, the vice chairman of the Intelligence Committee, said that the chief executives from companies like Facebook Inc, Twitter Inc and Alphabet Inc's Google should testify as to how they can tackle ongoing interference by Russia, as well as abuse of their networks by others.

The motion was dismissed as an abuse of process.

The action was dismissed as an abuse of process lacking any merit.

Google Inc. sought an order to permanently stay or summarily dismiss the proceedings as an abuse of process.

The next imperative was to challenge the proliferation of writs as an abuse of the legal process.

The trial judge held that the proceedings should be struck out as an abuse of process: «This is not only an example of forum shopping but of issue switching which the court should not be prepared to tolerate.»

The Court also dismissed an application by the Appellants to strike the claim as an abuse of process, on the ground that the negligence claim should have been brought in the original trespass proceeding.

Because of the funding regulations alternative representation could not be found and as a result the court stayed the confiscation proceedings as an abuse of process, costing the taxpayer in excess of # 1m.

The actions are seen by critics as an abuse of process, or a form of legal bullying by interests with deep pockets who try to bankrupt opponents or intimidate them into silence.

Every below guideline sentence the government appeals will be reversed as an abuse of discretion.

The High Court has quashed policy guidance which set out the circumstances in which «rough sleeping» would be treated as an abuse of EU Treaty rights, rendering an EEA national liable to removal if this would be proportionate.

Cleeves v University of Oxford [2017] EWHC 702 (QB); QBD, April 5 2017; [2017] ELR 303 A former student's claim for damages against a university was struck out as an abuse of process

Dimitrov, Petrov & Co. is reporting that on May 16, 2017, Bulgaria's Commission for Protection of Competition issued a decision stating that firm client Sofia Airport's conduct in the ground handling services market can not be defined as an abuse of dominant position.

In other words, a re-introduction of the prima facie case for a very limited range of countries would positively assist defendants in relying upon the very protections (such as abuse of process) which the report advocates.

However, prescription drugs have also wreaked havoc, as the abuse of painkillers continues to grow and defective or incorrectly prescribed medications cause potentially life - threatening injuries in patients.

(5) Nothing in this section limits the authority of a court to stay or dismiss a proceeding as an abuse of process or on any other ground.

(NMC application to strike out 2009 appeal as abandoned after 7 years and as an abuse of process; application refused; Marc Beaumont's amendment allowed).

For example, in 2015 the Supreme Court of the Russian Federation determined that in case the right holder does not use its trade mark, its action related to recovery of compensation from another entity using any similar mark are regarded as abuse of right.

Further, it is clear that PHA 1997 proceedings will not be liable to be struck out as an abuse of process offending the principle that generally a claimant must present all their case in one go and will be prevented from presenting claims later on that could have been presented in the earlier proceedings (Henderson v Henderson (1843) 3 Hare 100, [1843 - 60] All ER Rep 378).

Surely this would be viewed as an abuse of process.

RT @crimlacy: #ONCA Crown decision to proceed by Indictment vs. Summarily not open to challenge as abuse of process: https://t.co/ewMiTLbN…

He stayed Father Hart's action as an abuse of process.

In his appeal of the suspension, Gleason asserted violations of both his first and fifth amendment rights, as well as an abuse of discretion by the bankruptcy court for the sixty - day suspension.

It was trite law that a prosecution could be stayed as an abuse of process if state agents had lured a person into committing a crime: R v Looseley, A-G's Reference (No 3 of 2000)[2001] 4 All ER 897.

He has turned an arbitration over his termination during the probationary period of his employment in 1999 into a legal battle that apparently continues today, including allegations of bias against members of the BC Labour Relations Board (which were noted as being without merit), a Statement of Claim against the BC Attorney General (and others) which was dismissed as an abuse of process, and the attempted swearing of two informations against a vice chair of the BC LRB (which the court found there was no evidence to support).

His lordship would therefore allow the claim, quash the district judge's decision and stay the prosecutions as an abuse of the court.

A number of them have developed a remarkable enforcement record against non-cartel types of antitrust infringements such as abuse of dominance.

The knowledge that self - represented litigants are — almost by definition — under - funded can often prod opposing lawyers to engage in litigation practices that would otherwise be considered as vexatious or as an abuse of the court's processes if conducted against a fellow Member of the Bar.

In another decision (2014 ONCA 608, dismissing appeal from 2014 ONSC 1300), the Court of Appeal agreed that the plaintiff's action against a criminal lawyer should be struck out as an abuse of process.

2015) demonstrates, where the Virginia Court of Appeals reversed the trial court's reservation of spousal support as an abuse of discretion.

«The district court's frustration with what it perceived as an abuse of the federal court system and lack of candor with the court is understandable,» the appeals panel said on review.

Could the Court be persuaded to stay the prosecution as an abuse of process?

[5] Therefore, a Court is only likely to refuse a summons, or to stay a private prosecution as an abuse of process, where its conscience is offended by the private prosecutor's motives.

It was widely decried as an abuse of prosecutorial power, a waste of taxpayer money, and a threat to academic freedom.

As to why the proceedings were filed in Texas rather than in the libel - suit - friendly United Kingdom, they said that «any action brought against the BMJ and Mr. Deer in London would have been immediately vulnerable to being struck out as an abuse of process.»

In America alone this accounts for at least 23,000 deaths each year, as an abuse of antibiotics promotes the development of antibiotic - resistant bacteria.

The government has demanded an apology from a UN official who described a change to housing benefit as an abuse of people's human rights and recommended that the policy be suspended.

The government has demanded an apology from a UN official who described a change to housing benefit as an abuse of people's human rights.

He also reiterated the need for the NDC to ensure that no action of the party is misconstrued as an abuse of its supporters.

He described the various judgements given by different courts of coordinate jurisdiction as an abuse of court processes, even as he annulled the National Convention held on May 21, 2016.

He described the application leading to the interim forfeiture order as an abuse of court processes, contending that Justice Anka ought not to have made the order because, according to him, the judge did not have jurisdiction to entertain the case.

Idigbe, while describing the application that led to the seizure of Nwaoboshi's house as an abuse of court processes, accused the EFCC of suppressing material facts before Justice Anka.

The group in its statement made available to the Nigeria Politics Online and signed by Executive Director Adetokunbo Mumuni, Said that, «Budget padding in fact is corruption, as it is implicit in corruption offences such as abuse of office, attempt to embezzle, divert, and misappropriate public funds, conspiracy to act corruptly, and illicit enrichment, which are recognized under the UN Convention against Corruption to which Nigeria is a state party, and included in national legislation such as the Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission Establishment Act and the Fiscal Responsibility Act.»

The Rochester D&C's David Andreatta takes on the use of taxpayer - funded mailers for birthday greetings to constituents as an abuse of franking privileges.

But in a statement from the Nigerian Wailers signed by its Deputy National Publicity Secretary, Mr Fasipe Oluyemi, the group has called on the good people of Nigeria to come out en mass for a protest (#OccupyCBN) to stop this impunity of the Fraudulent Forex Trading, Round Tripping and racketeering going on in the Central Bank of Nigeria aided by its Governor, Mr. Godwin Emefiele and bring to an end the Manipulation of Forex, illegally funding Federal Government budget, short - changing the Money Deposit Bank's reserve ratio at the expense of the Masses as the abuse of internal process.

Since 2016 the Home Office has designated rough sleeping as an abuse of EU free movement rights in its administrative removal policy.

Moving the applications on Friday, Ogungbeje described the new charges as an abuse of court processes, contending that some of the counts bordering on kidnapping were merely a duplication of the ones filed before Justice Oshodi in Ikeja.