Sentences with phrase «absence of a court order»

This is because service of certain kinds of process (e.g. subpoenas) must be made by hand delivery in the absence of a court order authorizing an alternative means of serving process.

It was also concerned that disclosure in the absence of a court order would breach DPA 1998.

«debts incurred by either spouse for necessaries of life of either spouse or the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties» respective needs and abilities to pay at the time the debt was incurred»;

Not exact matches

The objection is raised that, in the absence of virtues, we must rely upon policies and court orders.

According to North Carolina child custody laws, if a military parent has sole or joint custody of a child and receives deployment papers that involve moving a substantial distance from the parent's home, a North Carolina family court will issue a temporary custody order of the child during the parent's absence, which shall end no later than 10 days following the parent's return.

Abonta also said, the committee obtained a document which showed that, the Attorney - General of the Federation (AGF) Abubakar Malami wrote to the IGP and advised him to honour the subsisting court orders, «in absence of any appeal or valid stay of execution.»

Fellow Ghanaians, the conduct of the President after the decision and order of the Supreme Court on 15th November 2016 in publicly casting aspersions on the Court and the beneficiary of the order shows clearly that as the chief looter in this case, the President is determined to prevent the examination ordered by the Court in the absence of strong patriotic public pressure and opinion.

The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opiCourt, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opicourt's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opicourt to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opicourt's opinion.

Ruling / Rationale: The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opiCourt, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opicourt's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opicourt to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opicourt's opinion.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

The Court of Appeal expressed concern, however, with the requirement in the order that all contact be through one counsel with no alternative arrangements in place, and with the absence of any provision addressing the course of action in the event that the Appellant be required by summons or other court process to attend a courthouse or regiCourt of Appeal expressed concern, however, with the requirement in the order that all contact be through one counsel with no alternative arrangements in place, and with the absence of any provision addressing the course of action in the event that the Appellant be required by summons or other court process to attend a courthouse or regicourt process to attend a courthouse or registry.

The conclusion can be drawn from several authorities that although the court has jurisdiction to make a non-party order, even if the conduct complained of has not caused the applicant to incur the costs sought, it will be rare for the court to make an order in the absence of causation.

[16] Thus, the issue is framed — can a defendant or third party who has not obtained a doctor's report by compulsion of a court order, and prior to disclosure of any medical - legal reports by the plaintiff or in the absence of any reports, obtain access to the non-treating doctor's notes and clinical findings, or are said notes and clinical records privileged as forming part of the brief of the plaintiff's solicitor until the time when the plaintiff chooses to rely on the non-treating doctor as a witness at trial and the doctor's notes must be disclosed...

(school exclusion, fights and serious injury; bullying of assailant; Governors reinstated excluded child; victim (the bully) sought JR of that decision; Governors capitulated; excluded child arguing that in its discretion court should not order a re-hearing by Governors as alternative remedy and hardship to him as a third party; absence of reasons of Judge below).

«The court has determined that in the absence of additional security or assets pledged by a surety, it will not accept as security the Alexandria property that has already been pledged in its entirety as collateral for the loan on the Bridgehampton property,» the order reads.

[81] The court confirmed that under HPA s. 35, an inquiry committee should be satisfied of a prima facie case, meaning a case for allegations which, if believed, is sufficient to justify a verdict «in the absence of an answer», and that the public requires protection through an interim order.

According to previous case law of the Constitutional Court, the right to a fair trial in the Spanish Constitution requires that, if a person has been convicted in his absence, a surrender for the execution of that conviction must be made conditional on the right to challenge the conviction in order to safeguard that person's rights of defence, even if he had given power of attorney to a lawyer who effectively represented him at the trial (paras 20 and 22).

If it is an unreasonable time you can sue for damages (i.e. whatever the absence of your camera has cost you) or seek a court order forcing them to complete the contract by a certain date.

The Court of Appeal acknowledged orders regarding interim injunctive relief are discretionary and courts generally do not interfere ``... in the absence of an error in principle or unless the order is unreasonable in the circumstances».

If it does, then it would set aside the interim injunction in the absence of a DIFC court order that it should continue to have effect.

In the absence of clear statutory authority for police to obtain subscriber information (and other personal information) without a warrant, the term «lawful authority» has been fraught with conflicting interpretations, with some TSPs taking the position that it means a warrant or court order, and with courts struggling to determine its scope.

In these cases, the High Court will be required to consider whether the imposition of an order with such potentially far - reaching consequences can be justified in the absence of any criminal conviction.

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the Ccourt to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CCourt and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CCourt of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

[6] The Rules do not specifically address this issue, but it has certainly been the practice in this province that only the parties and their legal representatives may attend examinations for discovery in the absence of consent or an order of the court.

In Solodchenko's case, the High Court heard the application for his committal in absence (as he was thought to be out of the jurisdiction) and, having found him in contempt for failure to comply with an international freezing order, committed him to prison for 18 months.

recalled Lennox of the December 1995 meeting when he and Roberts were advised by the Assistant Deputy Minister (in the absence of the Chief Judge, who was on holiday) that the government was making budget cuts in the order of 30 per cent across the whole of government, including the Court.

The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.

The presence or absence of a criminal record, including any convictions for violence, related offences and breach of court orders

As noted by Mr. Justice Edwards in E.G. v. F.B.G., 2004 BCSC 564, courts must be cautious in replacing a workable custody arrangement contained in a separation agreement with a court - imposed custody order in the absence of evidence justifying judicial intervention.

These factors, combined with the fact that a final order barring contact had made in the absence of one of the parties, meant that «almost inevitable» that the Court of Appeal should consider that it should intervene with the aim of establishing an effective and full rehearing.

The claimants submitted, inter alia, that the orders: (i) had been made without any prior consultation as to the principle, relying upon the common law duty to act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational on the basis that the reasons which had been put forward by the defendants in justification of the decision were inconsistent and contradictoryDyson LJ: The fact that, when conferring on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear established practice of wider consultation).

It is possible that a court may find that company y has been the beneficiary of unjust enrichment, and in the absence of specific statutory remedy or criminal punishment, order some equitable remedy.

The district judge declined to make any interim declaration or order as she thought the court had no jurisdiction in the absence of clear evidence that F lacked capacity in relation to any matter.

The FRA also provides that in the absence of an order of the BC Supreme Court, a designation of post-retirement survivor's benefits may not be changed without the survivor's consent.

If you have been convicted «in absentia» (in your absence), you have only 21 days to file a Request for Trial De Novo in order to appear in court to contest your case from the date of mailing on your Notice of Decision on Trial in Absentia.

A parent has the presumed right to visitation with their child, in the absence of certain circumstances, such as proof of physical or emotional abuse by that parent or of mental instability, which would cause a court to either order supervised visitation or none at all.

According to North Carolina child custody laws, if a military parent has sole or joint custody of a child and receives deployment papers that involve moving a substantial distance from the parent's home, a North Carolina family court will issue a temporary custody order of the child during the parent's absence, which shall end no later than 10 days following the parent's return.

In the absence of cooperation, it can be court ordered, and most judges are open to creative, safe ways to accomplish long - distance visits.

TREB contends that, in the absence of clear language in section 79, it would be wrong to conclude that the Tribunal has been given the power to order a respondent to grant what are, in effect, compulsory licences, when, pursuant to section 32, the Federal Court can make such an order only after the applicant meets a competition impact test and only after defences based on international treaty rights are considered (Warner Music at paras 26 - 28).»

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission