Sentences with phrase «abuse of process argument»

She has successfully run an abuse of process argument on behalf of a dentist, owing to concerns about the GDC's disclosure, contact with a factual witness and the conduct of the GDC's expert witness, resulting in the stay of the GDC's prosecution (GDC v Jasbinder Singh).

SPL challenged the merits of the decision on the internal appeal but also sought — and obtained permission to bring — judicial review of the initial decision on the basis of a legitimate expectations / abuse of process argument.

The judge rejected the abuse of process argument, stating that

Not exact matches

For multi-track claimants, that was the bad news out of the Court of Appeal in Sowerby v Charlton [2005] EWCA Civ 1610, [2005] All ER (D) 343 (Dec), although some hope was held out for an abuse of process or obstruction argument in Stoke - on - Trent City Council v Walley [2006] EWCA Civ 1137, [2006] 4 All ER 1230, see 156 NLJ 7243, p 1520.

At first instance the Magistrates» Court stayed the extradition following arguments in which it was submitted the extradition of this client in the particular circumstances amounted to an abuse of process.

When considering the substantive merits of the case, the judge began by dismissing Google's argument that the claim amounted to an abuse of process through being an attempt to circumvent the restrictions on defamation cases.

She is a determined advocate and has a particular acumen for advancing legal arguments in relation to the admissibility of evidence and abuse of process.

On appeal, in Mohammed and CF v Home Secretary [2014] EWCA Civ 559, Lord Justice Maurice Kay noted that the men were denied «even the gist» of the government's argument on abuse of process, and did not know why they lost.

The court rejected the argument that the actions amounted to an abuse of process given the causes of action were not the same and the defendants were different.

The Tribunal also dismissed the College's arguments that the complainant's failure to pursue a judicial review of the HPARB decision and the fact that she no longer had conditions on her licenses were relevant to whether or not the complaint was an abuse of process, finding that the need for the complainant to have her complaint appropriately considered under the Code outweighed other policy considerations (¶ 61).

Further, the FC noted that contrary to the plaintiff's argument, it is not clear that the abuse of process motion is doomed to fail, and the defendant should be allowed to proceed.

In my opinion as both an alienated parent and a psychiatric nurse, this point lends itself to the argument that parental alienation as a form of abuse should be viewed within the context of mental health to ensure an effective and robust assessment process.