Sentences with phrase «against the claimant»

A claim made by a defendant against a claimant in an action.

Developed and wrote decision explaining ruling and informed interested parties of results; participated in court proceedings against claimants attempting to obtain benefits through fraud.

The six year limitation period only began to run against the claimant from that date.

Provide information to describe your claim against the claimant.

The insurance adjuster handles these matters on a daily basis and has experience fighting against claimants like you, whereas this may be your first encounter with such legal issues.

In such circumstances, an order for costs may be enforced against the claimant.

Judge Simmonds QC, no doubt anticipating the public interest in this case, and perhaps reflecting his own concern, granted permission for the claimant to appeal; he made no order for costs against the claimant as he had found for him on the two preliminary issues relating to breach and had accepted a significant proportion of the claimant's legal submissions.

The Defendant made a decision to make a deportation order against the Claimant on 18 April 2007 under section 3 (5) of the Immigration Act 1971.

Rabobank v Docker [2011] EqLR 580 The EAT rejected a challenge to the Judgment of the Employment Tribunal in which it found that the Bank had discriminated against the Claimant on grounds of his race.

In addition, we now live in a climate where tribunals will not only strike out spurious and unreasonable claims but also make significant costs awards against claimants engaging in such vexatious activity.»

Gibson has played a critical role in matters as diverse as a multi-week medical malpractice trial involving the death of a three - year - old child and an arbitration against claimants who sought millions of dollars in property loss and punitive damages.

The Court of Appeal, however, made a finding of contributory negligence against the claimant.

In 1994, the Supreme Court of Canada (SCC) ruled against the claimants in the case Native Women's Association of Canada v. Canada.

The matter was thereafter adjourned pending an application by the insurers (added as second defendant) to seek wasted costs as against the claimant's solicitor.

On the second matter of costs awarding, Whipple J identified the two instances that lent themselves to reduced costs in this case: first, the «List of Issues» which, while only dominating a small portion of the trial itself, took up a great deal of trial preparation, were all found against the claimants under CPR 44.2 (4)(b); second, the claimants» failure in a majority of trial cases, which also falls under CPR 44.2 (4)(b).

The defendant's therefore claimed the cost of the investigation in the amount of $ 2,233.24 against the claimant under the terms of the offer (Tomas v. Mackie, 2015 BCSC 364).

However, on the particular facts of that case — where the chief detriment was a disciplinary hearing brought against the claimant who was dismissed internally — the tribunal had not been perverse in ruling a number of the alleged acts out of time at the preliminary hearing.

He has helped try cases as diverse as a multi-week medical malpractice trial involving the death of a three year old child and an arbitration against claimants who sought millions of dollars in property loss and punitive damages.

If you do oppose it, you may also decide to make a counterclaim against the claimant (see below).

The Fees Order was said to be indirectly discriminatory against claimants with particular protected characteristics.

New EI policies, designed to hurt rather than help; new appeal mechanisms, rigged against claimants; and employee cuts everywhere, made without rhyme or reason across the public service, as the Parliamentary Budget Office has just reported.

He added: «The incident in question took place in 2008; by July 2017 no disciplinary charges had been laid against the claimant.

Detractors further state that there is no reliable way to quantify when human rights abuses are severe enough to make a country «unsafe», and that the DCO list discriminates against claimants according to country of origin, which is contrary to international refugee law.

In addition, the Assembly removes penalty and interest charges as well as the ability to file with a county clerk judgments against a claimant for monies received because of false statement or representations.

Osborne's forecasts of continued austerity in the next parliament, a media and public discourse which continues to harden public opinion against claimants, and an ongoing failure to fix underlying causes of social security spend — by building houses and creating well - paying jobs — all mean that our social security system is heading in the direction of much more short - termism.

The costs to defend the organiser against the claimant included a legal defence and time away from work.

The trustee must identify and then take title to the trust's assets, keep accurate records, report to the current beneficiaries, execute and settle all transactions, protect and insure the property and defend the trust against claimants.

The development of the law to balance this unfairness by partly reversing the burden of proof (but still requiring prima facie evidence) came about to address unfairness against claimants and not, as implied by Ms Giles, to simply make it easier to claim.

HHJ Collender QC, who made the costs decision, placed considerable reliance on the following facts in making a wasted costs order against the claimant solicitor:

Next, the Respondent sought an order that if he ever incur a child support obligation, his liability should be offset against the Claimant's household income, including the income of all persons living under the same roof.

An initial reserve entirely commensurate to the severity of the accident will later look woefully inadequate against the claimants» subsequent loss of function.

The counterclaim thus pleaded did not comply with the procedural rules, practice directions and other guidance... As a result it was not possible to get a clear or precise hold of the substance of the claims which the First Defendant was seeking to make against the Claimant.»

Disclosure to the claimant's colleagues of the action (s) that the council intended to take against the claimant, contrary to the council's confidentiality policy.

If a Claimant has brought a contractual claim against a Respondent, and if the Respondent is of the view that they have a claim in contract against the Claimant, then the Respondent can make a counterclaim in their ET3.

Cross Undertakings: a 7 - year non-cancellable policy covers damages and costs awarded against the claimant if it later transpires that the order was wrongly granted in the first instance.

Keen to be innovative, Nigel, by example, has developed the effective use of pre-action disclosure applications against claimants and their solicitors who fail in their duty to abide by the CPR and provide timely disclosure.

In D'Atri v. Gonzales, 2017 BCSC 1244, Madam Justice Young found that repeatedly breaching the terms of a separation agreement, relying upon incomplete financial disclosure in an application, forcing unnecessary applications, failing to comply with Court Orders, and making false accusations against the claimant's new partner were sufficient justification for an award of special costs against the respondent in that case.

The Court of Appeal upheld the decision of the Employment Appeal Tribunal agreeing that the employer had discriminated against the Claimant by imposing the PCP requiring him to work late and not adjusting it to accommodate his disability.

«Not only have our peers recognised Escalate's potential to disrupt the commercial dispute resolution market, but we're also seeing considerable demand for the process from SMEs - which is hardly surprising given that the traditional dispute resolution model is broken and heavily stacked against claimants.

It is at least conceivable that a court might conclude — particularly if the undisclosed information amounts to what seems to unanswerably strong evidence against the claimant's position — that it is «highly likely» that the outcome would have been the same even even if the information had been supplied.

It argued that a letter would have to contain a threat levelled directly against a claimant for it to amount to less favourable treatment and victimisation.

In Inline Logistics Ltd v UCI Logistics Ltd [2002] All ER (D) 435 (Mar), the court found that design documents had the necessary quality of confidence (though the case was decided against the claimant on other issues).

Behaviour amounting to victimisation did not require the threat of sanction against the claimants specifically.

For the purposes of the Statute of Limitations, the Act provides that time will not run against a claimant from the date on which an agreement to mediate has been signed and while the mediation is in being.