Awards recognised by the DIFC Court may be enforced outside the DIFC in accordance with
the Judicial Authority Law and recognition under this Law includes ratification for the purposes of Article 7 of
the Judicial Authority Law.
By
the Judicial Authority Law, as it is known, (Law No 12 of 2004), the jurisdiction of the DIFC Courts was created and Article 5 set out the exclusive jurisdiction of the Court of First Instance (CFI) to hear and determine (inter alia) civil or commercial claims which fall within subparagraphs A (1)(a)- (e).
An application can be made to the DIFC Court to recognise a foreign court money judgment rendered in England (or from another jurisdiction) and once there is a DIFC Court Judgment / Order recognizing the foreign judgment the party seeking enforcement can now request the DIFC Court to issue an execution letter to the Chief Justice of the Dubai Courts pursuant to Article 7 (2) of
the Judicial authority Law.
However, he held that the execution should not go beyond the DIFC jurisdiction, as Article 7 (2) of
the Judicial Authority Law only allowed judgments, decisions and orders rendered by the DIFC Courts to be referred for execution.
According to them, the Bank's aim was to enforce the judgment in the DIFC and then take it for execution in the Dubai Courts, relying on the reciprocal enforcement mechanisms available under Article 7 of
the Judicial Authority Law (these provide for the mutual enforcement of judgments between the DIFC Courts and the Dubai Courts).
Article 7 (2) of
the Judicial Authority Law provides for the enforcement outside the DIFC of «judgments, decisions and orders rendered by the [DIFC] Courts and the Arbitral Awards ratified by the [DIFC] Courts».
In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of
the Judicial Authority Law.»
Not exact matches
Contract
law, for example, provides that by doing or saying certain things people can make binding agreements with one another that will be enforced by
judicial authorities in the event that one or more parties fail to follow through on the agreement.
Under Greek
law, parliament must first investigate allegations against lawmakers before they can be stripped of immunity and prosecuted by
judicial authorities.
All personal data benefits from this full protection and will only be disclosed to third parties such as administrative or
judicial authorities if the Saxo Bank Group is compelled to do so pursuant to the applicable
law, or if the registered has given its written consent to such disclosure.
and finally resolved by arbitration in the United States under Nevada State
Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserv
Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of
law or other judicial authority, which rights are expressly reserv
law or other
judicial authority, which rights are expressly reserved.
It must recognize the Constitution as a legal text subject to legal interpretation by judges who derive their
authority to render a
judicial decree from the existence of the Constitution as a source of
law.
Again, no one is claiming that Thomas's position is identical with Scalia's, but, given what the great Catholic theologian had to say about the limits of
judicial authority in reference to the written
law, his position is far closer to that of the late justice than to the idea of a «living» or «evolving» Constitution so ubiquitous today.
You'll notice, for instance, that they are very much in favor of
judicial authority (which includes its enforcement mechanisms, like the police) maintaining
law and order, policing the border, and so on.
According to the standard account of the matter, the power of
judicial review — that is, the
authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our
law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.
Thus presbyters were becoming priests at the very same time they were relinquishing their corporate
judicial and disciplinary
authority in the bishop's church, while the bishop had become the chief judge; and the
law itself was being codified in canons at councils at which bishops alone decreed.
The Vatican therefore has the
authority and responsibility to conduct
judicial hearings for breaches of civil
law.
«The proposition of
law is one which, I think, has been accepted by the highest
judicial authority, and acted upon for a great number of years.
The
law allows prisoners to submit a petition to
judicial authorities in response to substandard prison conditions, and
authorities investigated credible allegations of inhuman conditions and documented results of such investigations publicly.
The
judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the
Laws of the United States, and Treaties made, or which shall be made, under their
Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
But Ms. Agarwal emphasized those records could only be accessed with
judicial authority, and noted that the
law outlining the program calls for a review in of those records in two years.
Presenting essays written by
authorities in the fields of education, political science, and
law, West and Dunn highlight the many areas of education policy that have made their way into U.S. courts to be debated and decided, and consider the implications of heightened
judicial involvement for schools...
Section 617.1403 (1)(a) sets forth the grounds for
judicial dissolution of a corporation by an action brought by the Department of Legal Affairs, which covers instances where a corporation has obtained its articles of incorporation through fraud, or has continued to exceed or abuse the
authority conferred upon it by
law.
A veterinarian who is licensed in another state, and who is in good standing in such state, providing services directly in connection with an investigation by
law enforcement of an alleged violation of federal or state animal fighting or animal cruelty
laws, within the scope of the investigation and / or any related
judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the veterinarian for a specified period of time by the
law enforcement
authority with jurisdiction over the investigation; and (b) such
law enforcement
authority determines that the veterinarian possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.
A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article directly in connection with an investigation by
law enforcement of an alleged violation of federal or state animal fighting or animal cruelty
laws, within the scope of the investigation and / or any related
judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the technician for a specified period of time by the
law enforcement
authority with jurisdiction over the investigation; and (b) such
law enforcement
authority determines that the technician possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.
Koch Media may also disclose personal data to
law enforcement, or the appropriate civil
authorities to enforce legal rights and comply with the
law, or to comply with an order from a government entity or other competent
authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, reputation, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, fraud protection and / or comply with a
judicial proceeding, court order, or legal process served on Koch Media.
Keywords: climate change litigation, climate policy, international
law, separation of powers, role of judiciary,
judicial authority, rule of
law, political question doctrine, science and
law, politicization of science, scientific consensus, scientism, science - based risk regulation
Thus in the words of Judge LJ: ``... the 2000 Act may properly be seen as Parliament's considered statutory framework for the disclosure of information held by public
authorities, whose enactment militates against the incremental
judicial perception of a common
law duty to the same or any wider extent.»
That the bill presents a case for
judicial consideration arising under the
laws of the United States and treaties made under their
authority with the Cherokee Nation, and which
laws and treaties have been, and are threatened to be still further, violated by the
laws of the State of Georgia referred to in this opinion.
While the goals of LA&W are similar to those of legal writing classes taught at many schools — to teach students to understand, analyze, and apply legal
authority and to communicate the results of that analysis in writing — the course also contains some components that are influenced by its Legal Methods roots, as well as some that may or may not be taught in a first - semester civil procedure class: a focus on
judicial methods, an introduction to legal institutions and processes, and instruction on the anatomy of a civil
law suit, the timeline of a civil case, and the link between procedural and substantive
law.30 The full set of course goals was outlined in the 2000 Report and has remained unchanged:
The highest
judicial authority of international
law is the International Court of Justice and the administrative
authority is the United Nations.
The lawfulness or scope of a notice or subpoena from a
law enforcement
authority may be challenged in the Irish courts through
judicial review proceedings, unless it is possible to reach a compromise with the
law enforcement agency on the scope of the notice.
This requires a State, at a minimum, to establish the following to a Competent
Judicial Authority, prior to conducting Communications Surveillance for the purposes of enforcing
law, protecting national security, or gathering intelligence:
In my view, agreements for the sale of land include an implied term that the purchaser will receive a «good and marketable title in fee simple» based on both conveyancing practice (custom) and as a «legal incident» of such contracts — that is by implication of
law based on the
judicial authorities cited herein (see para. 50).
[30] The criminal justice system is very decentralized in one aspect — trial courts are based in each inhabited island, and there is no «single central
judicial authority» to regulate the application of
law or
judicial conduct.
The 10th Circuit
Judicial Council found that the law governing judicial misconduct did not give it the authority to review alleged conduct that occurred before Roberts became
Judicial Council found that the
law governing
judicial misconduct did not give it the authority to review alleged conduct that occurred before Roberts became
judicial misconduct did not give it the
authority to review alleged conduct that occurred before Roberts became a judge.
His application, submitted in French, adds that a federal
authority can not substitute or infringe upon the
judicial authority of provinces and
law societies.
For the less secure a judge's
authority — and
judicial authority was far less secure then than it is in the United States today — the greater his need to represent himself as merely an oracle of the
law.
Again, Anisminic is sometimes taken as
authority for the proposition that unlawful administrative decisions are nullities, that they never existed in the eyes of the
law, with the corollary that judges should not have any discretion to refuse
judicial review remedies.
It occurs to me, reading what is googleable about Eloise's work for a few minutes that she (i) assisted with the investigation into a death in police custody while seconded to the IPCC (ii) was seconded to a solicitors» firm to assist with the phone hacking disclosure (iii) did pro bono work (iv) was involved with a
judicial review of a costs order that was requested by a Local
Authority in a Non Payment Council Tax case at the local magistrates, which got into the
law reports.
Perhaps it is folly to expect substantive
judicial review to be a simple exercise, since at its core the review must both acknowledge and respect the exercise of legal
authority by statutory officials while at the same time ensure such
authority is legitimate under the rule of
law.
A constitutional amendment up for a vote in Arkansas would transfer some
judicial rule - making
authority to the legislature, and this would allow the legislature to overturn a 2013 state supreme court decision to strike down a tort reform
law.
By contrast, whether the Charter also applies to the national rules determining under what conditions police and
judicial authorities can access the retained data is less obvious, because Directive 2002 / 58 / EC does not cover «activities of the State in areas of criminal
law» (Art. 1 (3)-RRB-.
According to article 111 of the Constitution every citizen may appeal to the Supreme Court for violation of the
law against any decision of the
judicial authority, without issuing any appeal in civil or criminal, or against any meas - ure restricting personal freedom.
The management and allocation of housing stock by a housing trust which is a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, is a function of a public nature, with the effect that the registered social landlord is to regarded as a public
authority for the purposes of s 6 (3)(b) of the Human Rights Act 1998 and so is amenable to
judicial review on conventional public
law grounds in respect of its performance of that function.
Before coming to the Bar, Mr Page had spent a period of some 5 years in Local
Authority work as an in - house lawyer covering employment
law, discrimination
law, Landlord and Tenant, possession proceedings,
Judicial Review and regulatory work.
According to the principle of mutual recognition, a decision adopted by a
judicial authority of a Member State (the issuing Member State), on the grounds of its internal legislation, must be recognised, accepted and executed by the executing Member States»
judicial authorities, even though the same case, according to the executing Member States»
law, could lead to a different outcome.
We are also experts in the changes to SEN
law introduced under the Children and Families Act 2014, and were involved in the first
judicial review of local
authorities duties under the new
law.
We are experts in the changes to SEN
law introduced with the Children and Families Act 2014 and were involved in the first
judicial review of local
authority duties under the Act, which you can read about here.
Tamara has vast experience of all forms of Property
law representing landlords and tenants as well as Lenders in proceedings ranging from standard possession claims to more complex issues of art 8 and unreasonableness, undue influence in mortgage fraud (Ertridge),
Judicial Review and reasonableness of action on the part of social housing
authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court for orders for sale in mortgage possession proceedings.