It is the responsibility of members of the public who attend court proceedings or
access court judgments to inform themselves of the circumstances under which publication bans may be in effect and to ensure compliance with those bans.
Not exact matches
The
judgment of the appellate
court, which restored the leadership of Sheriff, has been used by the former governor of Borno State to gain
access to the party's national secretariat.
Judge Norman Black of the U.S. District
Court for the Southern District of Texas, in a summary
judgment, ruled that student - initiated religious - study meetings prohibited by two schools in the Spring Branch Independent School District are, in fact, permissible under the Equal
Access Act, according to Maurice Amidei, counsel for the...
Some of the issues that can prevent you from
accessing bank mortgages include criminal cases, bankruptcy,
court judgments and late repayment for loans.
Once a
judgment is entered against you, the person or entity that won the lawsuit gains
access to a portion of your wages by providing a copy of the
court order to local law enforcement.
The thoughtful, detailed analysis and
judgment of the proposed move by the federal government to create a national securities regulator shows how little improvement there really is likely to be for the individual investor in solving key problems: high fees for mutual funds, costly
access to government of Canada securities, lack of fiduciary responsibility by the industry towards investors, inadequate civil
court recourse against misbehaving financial firms, priority given to financial system protection over investor interests.
Delivering
judgment along with Mr Justice Holgate, Lord Justice Singh said Part 4 was incompatible with fundamental rights in EU law because «
access to retained data is not limited to the purpose of combating «serious crime»» and «
access to retained data is not subject to prior review by a
court or an independent administrative body».
Revisions were made to address the appellant's
access to the
courts and his contact with the AG — the revised, proposed order was provided to the division in advance of
judgment.
On the basis of these
judgments, it would seem that for the
Court, the use of personal data protection as a justification for refusing requests for
access to documents should be restricted.
One of the ways CanLII, other legal publishers, and Canadian
courts and tribunals have sought to promote the benefits of open
access via the internet to the
judgments of the
courts while minimizing the risk of the negatives identified by Professor Eltis is through shielding the content from Google and other search engines.
This very issue was on display in the recent
judgment of the General
Court in Case T - 851 / 16
Access Info Europe v Commission.
This easy to use service gives you fast, efficient
access to the latest unreported
judgments from around Australia, including the High
Court, Federal
Court, State Supreme
Courts and other selected jurisdiction.
An article in today's Globe and Mail reports on a
judgment by Ontario Superior
Court justice D. M. Brown in which he severely criticizes the high cost of
access to the
courts in Canada: «Ontario
courts «only open to the rich,» judge warns,» by James Bradshaw.
The unanimous
judgment by the Supreme
Court emphasised the importance of the rule of law and, in particular, the constitutional right of
access to the
courts which is inherent in the rule of law.
«Does the
judgment of the
Court of Justice in Digital Rights Ireland (including, in particular, paragraphs 60 to 62 thereof) lay down mandatory requirements of EU law applicable to a Member State's domestic regime governing
access to data retained in accordance with national legislation, in order to comply with Articles 7 and 8 of the [Charter]?»
Maintaining its commitment to online
access to justice, the UK Supreme
Court is now uploading to YouTube oral summaries of its
judgments from the Bench.
As the House of Lords is scheduled to vote on the Government's proposals for a residence test for
access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today's
judgment of the Divisional
Court in PLP v Secretary of State for Justice.
This post critically analyses the
Court of Appeal's judgment in Tom Watson and Others v Secretary of State for the Home Department with regards to general data retention, access to communications data on the basis of prior review by a court or an independent administrative body and notificat
Court of Appeal's
judgment in Tom Watson and Others v Secretary of State for the Home Department with regards to general data retention,
access to communications data on the basis of prior review by a
court or an independent administrative body and notificat
court or an independent administrative body and notifications.
Won summary
judgment in Land
Court successfully defending a 400 - unit condominium against an abutter's claim of an
access easement that would have disruptively cut through the condominium's common areas.
This trend stems from the recent Supreme
Court of Canada case, Hryniak v Mauldin, which held that «summary
judgment rules must be interpreted broadly, favouring proportionality and fair
access to affordable, timely and just adjudication of claims.»
The website gives
access to the
court judgments as well as providing information for people who plan to represent themselves at the
court.
At the top of the list is the Supreme
Court of Singapore, whose site includes e-filing,
access to
judgments, online booking of its high - tech courtroom and online booking of its Info - Tech Trolley, a mobile collection of projectors, screens, players and other technology equipment to assist lawyers using laptops and PDAs.
Kristensen v. Schisler is another decision on the heels of Hryniak v. Mauldin, the Supreme
Court case promoting better
access to justice through summary
judgment.
In R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the Supreme
Court gave an important
judgment regarding the importance of
access of justice.
Bardal Factors was launched in September of 2016 to provide free, easy and immediate
access to useful
court judgments.
A non-profit organization which maintains a search engine that provides
access to a number of
judgments of
courts across Canada.
The
judgment was handed down in an appeal filed before it on the ground that a Decree issued by one of the Emirates which restricted the right of the appellant to file a civil claim before the
court of competent jurisdiction was unconstitutional because, it was said, that it denied the appellant's constitutional right to have unfettered
access to the civil
courts of the country.
In a lengthy but well - crafted
judgment, the BC Supreme
Court found that criminal laws preventing physicians from aiding or abetting persons to commit suicide were unconstitutional, as these provisions absolutely preventing patient
access to physician - assisted death violated the s. 7 and...
In an important
judgment handed down on 24 January 2017 by Warby J, the High
Court has addressed a number of issues arising out of the subject
access right in section 7 of the Data Protection Act 1998.
Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the
courts of the Member State of the child's former habitual residence shall, by way of exception to Article 8, retain jurisdiction during a three - month period following the move for the purpose of modifying a
judgment on
access rights issued in that Member State before the child moved, where the holder of
access rights pursuant to the
judgment on
access rights continues to have his or her habitual residence in the Member State of the child's former habitual residence.
In fact, the Meads
judgment offers an opportunity for ordinary self represented litigants to draw a contrast between OPCA's and their own authentic motivations and goals, and to deepen our understanding of why ordinary people are coming to the
courts without legal representation looking for
access to justice.
The
courts of the Member State of enforcement may make practical arrangements for organising the exercise of rights of
access, if the necessary arrangements have not or have not sufficiently been made in the
judgment delivered by the
courts of the Member State having jurisdiction as to the substance of the matter and provided the essential elements of this
judgment are respected.
Easson v. Blase was a follow - up costs decision to a custody and
access judgment released in July, while Yarananan v. Padathe involved a wife's unsuccessful attempt to extend a fixed end date for spousal support that had been previously agreed upon by the parties and incorporated into a consent
court order.
Since the Supreme
Court of Canada's landmark decision in Hryniak v Mauldin, 2014 SCC 7, summary
judgment has been lauded as an effective tool to enhance
access to justice and achieve cost - effective results for litigants.
The decision to move the publication of
judgments to CanLII was prompted by the assurance of earlier and easier
access to
Court judgments, and the need to realize labour cost savings.
Section 1 of DRIPA was declared by the
Court of Appeal in Watson in January 2018 to be incompatible with EU law in certain respects, (namely, that in the area of criminal justice, access to retained data was not limited to the purpose of combating «serious crime», and access to retained data was not subject to prior review by a court or an independent administrative body), following the judgment of the Court of Justice of the European Union («CJEU») in Tele2 / Wa
Court of Appeal in Watson in January 2018 to be incompatible with EU law in certain respects, (namely, that in the area of criminal justice,
access to retained data was not limited to the purpose of combating «serious crime», and
access to retained data was not subject to prior review by a
court or an independent administrative body), following the judgment of the Court of Justice of the European Union («CJEU») in Tele2 / Wa
court or an independent administrative body), following the
judgment of the
Court of Justice of the European Union («CJEU») in Tele2 / Wa
Court of Justice of the European Union («CJEU») in Tele2 / Watson.
Seems to me that the Ontario
courts should do a better job of making some of their
judgments available promptly online — that is, in a way that the public can actually get
access to them.
The website of the Ministry of the Attorney General for Ontario includes an interesting discussion of publication bans in Ontario, but really misses the point when it comes to the distribution of
court judgments and publication bans in the era of online distribution and
access to legal information.
While the Supreme
Court Reports, the Federal
Court Reports, and the New Brunswick Reports all continue their tradition of publishing
judgments in French and English, there are problems with
access to translations of
judgments of appellate
courts in other provinces.
In the case of pleadings that are submitted to the
courts in a digital format, shouldn't they be attached to every
judgment issued by the
court, thereby making it possible for every legal publisher to provide
access to both pleadings and
judgments through their online services?
Canadian Legal Information Institute (CanLII) http://www.canlii.org This non-profit organization maintains a search engine that provides
access to a number of
judgments of
courts across Canada.
«The language of Hryniak,» says Osaka, «has been picked up in the Ontario
courts and in the Alberta
courts, where you see not only the masters eloquently describing how summary
judgment can help
access to justice but also the [Alberta]
Court of Appeal and
Court of Queen's Bench all now using this language, which is very favourable to this type of motion.
Much of the discussion in the
Court's
judgment turns on what is known as the third - party doctrine — an exception to the warrant rule which entitles government officials to
access without any legal formality information which you have given to someone else.
«In 1996, he pushed the
courts to develop a website and to post
judgments so the public could have instant, cost - effective
access to legal decisions.
In the Lam case, MacDonald put forward a Supreme
Court of Canada decision — Hryniak v. Mauldin — that talks about proportionality, affordable
access to justice, and the fact these kind of summary trial rules should be given a broad latitude and if a judge, in his or her discretion, feels they can grant
judgment on the evidence before them they should be allowed to do so.
Judges are also given free
access to online services by the major legal publishers to ensure that their products are referenced in
court judgments written by the judges.
Based on analysis [i] of social media engagement with CanLII (a free - to -
access legal information site containing nearly 1.3 million
court and tribunal
judgments, statutes and regulations), the answer appears to be... sort of.
The Supreme
Court of Canada has recently promoted better
access to justice through summary
judgment, partial summary
judgment, and summary trials.
The
courts in Ontario have embraced the cultural shift endorsed by the Supreme
Court of Canada and are interpreting the summary
judgment rules broadly, and favouring proportionality and fair
access to affordable, timely and just adjudication of claims.
The High
Court indicated that infrastructure, which would be needed to exploit under - sea resources, is not inconsistent with public rights of fishing, navigation and innocent passage:» [N] either the public right to navigate, nor the right of innocent passage, require free
access to each and every part of the territorial sea», joint
judgment of Gleeson CJ, Gaudron, Gummow and Hayne JJ, Croker Island, para 96.