Sentences with phrase «defences to the claim based»

Defences to the claim based upon mutual and unilateral mistake, and various pleas of estoppel, were rejected by Mr. Justice Arnold.

Not exact matches

It has been claimed that the Turin based outfit could turn their focus to pairing Mattia Caldara and Daniele Rugani at defence, leaving Bonucci down the pecking order under manager Massimiliano Allegri's plan.

Both Ministers of Defence and the Interior dispelled the public fears and debunked claims by the Minority that the agreement is paving way for the US to set up a base in Ghana.

She spoke to Andrew Neil on the Daily Politics about currency and defence issues, claiming one benefit of independence would be «no longer having to put up with Trident being based here in Scotland».

They could fall back on their age - old defence and claim that it's all irrelevant, because the scientists» projections for how the Amazon might respond to climate change are based on models.

[99] I reject the Defendants» argument that by abandoning their defence to the Counterclaim, the Edwards Plaintiffs are thereby disentitled to argue against the Defendants» claim for indemnification for costs based on the terms of the VIA.

Following Moore Blatch's instruction, we invited the GP to admit liability and avoid the cost of further investigation into the treatment provided, but the GP's medical defence organisation insisted upon a full Letter of Claim based upon independent expert evidence being provided for them to consider.

That said, I would venture that trial fairness should operate as the guiding principle in this area, so if the plaintiff has decided that expert evidence from one specialty based on an examination of the plaintiff is relevant to the adjudication of her claim at trial, courts should be loathe to deny the defence a fair opportunity to respond with expert evidence from the same specialty based on an assessment of the plaintiff.

Thus, where a claim based on cybercrime (now a defined term under our policy) would otherwise be eligible for coverage (because it arises from a lawyer's delivery of professional services), it will be covered, but only up to a sublimit of $ 250,000, including defence, repair and indemnity costs together.

A criminal defence lawyer based in Richmond, B.C., has created a support group for female lawyers in reaction to what she claims is rising discrimination in the field.

Either party may apply to the Court suggesting that the other's claim is without foundation and swearing, on an affidavit, that they can think of no fact that might form a basis of the claim or a defence to the claim, as the case might be, except for the amount.

UK - based insurance law firm, Keoghs, has launched an AI and process automation platform called Lauri, which is designed to greatly improve work flow efficiency for its claims defence work.

In its defence of two actions against Imperial Tobacco, one being litigation by British Columbia for health care costs incurred by BC to treat illnesses caused by tobacco usage, and the second being a claim by class members who bought «light» or «mild» cigarettes, Imperial Tobacco sought to add Canada as a third party, based on statements Canada made to tobacco companies and the public about the purportedly lesser risk of «light» reduced - tar cigarettes as compared with normal cigarettes.

On this basis, Belobaba J. concluded that he could not say that it is plain and obvious that the limitation period defence applies and the statutory claim is certain to fail.

On 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courts.

If you have some resources, perhaps are a small business and don't want to take on a lawyer to run the whole case for you, you would be well advised to still invest in some advice, behind the scenes on your case, on key aspects of it such as the basis of your claim or defence in law, ensuring that your formal particulars of claim or defence contain the right legal principles and to gain an understanding of the key elements of the Civil procedure rules.

Where an investigator for a regulatory body sends emails to two complainants who have alleged fraud against a member, the investigator may be protected from a claim for «defamation» arising from the content of his emails (e.g., where he confirms to the recipients that the body is prosecuting the member for professional [mis] conduct for the fact that he recklessly [carried out certain conduct]»), based on the defence of «absolute privilege».