Sentences with phrase «alleged breach of the order»

All this spells the end of the s 47 power of arrest for non-molestation under the Family Law Act 1996 (FLA 1996) in relation to any alleged breach of an order made after 30 June 2007.

In addition to dealing with the Crown Prosecution Service in relation to the alleged breach of the order, we are assisting the client in responding to FSA concerns regarding the client's systems and controls

In Soil Instruments Ltd v Mr Robert King Mason, His Honour Judge Bird, sitting as a Deputy Judge of the High Court, considered whether Mr King Mason should be committed to prison for alleged breaches of an Order made by Mrs Justice May on 26th July 2017, concerning the use of confidential information under a restrictive covenant.

Not exact matches

«Plaintiff does not have to allege an absolute right to receive every text message in order to allege that Apple's intentional acts have caused an actual breach or disruption of the contractual relationship,» Koh wrote.

Two additional stockholder derivative lawsuits, Pifko v. Babbio, et al., filed on September 19, 2006, and Gross v. Babbio, et al., filed on November 21, 2006, were filed in Chancery Court, County of New Castle, Delaware; both seek to recover damages for alleged breaches of fiduciary duty and to obtain an order instructing the defendants to refrain from further breaches of fiduciary duty and to implement corrective measures that will prevent future occurrences of the alleged breaches of fiduciary duty.

In addition, he backed the creation of a new independent body to oversee the ministerial code of conduct and investigate alleged breaches - currently, only Tony Blair can order a probe into his ministers» behaviour.

But before the resolution, it was the Chairman, House Committee on Public Accounts, Mr. Kingsley Chinda, who raised a point of order to draw the attention of members to the alleged «constitutional breach» by Buhari.

On February 5, 2009, the landlord of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior Court of California for the County of San Mateo alleging breach of contract and termination of our lease, seeking a writ of attachment and a temporary protective order, for which a hearing was held on February 6, 2009.

In its amended state, s 47 (8) will allow a warrant application where there has been an alleged breach of either a non-molestation order — which under the new regime would no longer have a power of arrest attached — or an occupation order which has no power of arrest attached to the provision allegedly breached.

If breach of such an order is to be a criminal offence, then there is an argument that the alleged perpetrator should be entitled to funding for representation in the initial family proceedings.

The 2013 lawsuit alleged that Citigroup's directors breached their duty of loyalty in two ways: (1) by permitting Citibank to engage in unlawful foreclosure and mortgage servicing practices through the implementation of inadequate internal controls; and (2) by failing to issue a supplemental proxy describing the terms of a consent order with the Office of the Comptroller of the Currency to resolve investigations into Citibank's mortgage servicing operations, into which Citibank entered after Citigroup had issued its 2011 proxy materials, but before its 2011 shareholders» meeting.

Where the matter is an alleged breach of contract, the employer must have committed an independent actionable wrong, such as (but not limited to) a breach of the duty of good faith described above, to be ordered to pay punitive damages.

Interactive Technology Corporation v Ferster Claim for fraud and breach of fiduciary duty, with freezing and search and seizure orders, with a related claim for unfair prejudice alleging blackmail.

Acting for a defendant to a claim for breach of fiduciary duty and receipt of secret profits brought by a large multinational company in which corresponding proceedings were issued in Latvia, Jersey and the BVI, including representing him in committal proceedings for alleged breach of a freezing order, including in cross-appeals to the Court of Appeal.

In BLH v. SCDSS issued today, the Court of Appeals overturned a trial court order granting class certification in an action stemming from alleged breaches of adoption assistance subsidy agreements.

The principal remedy sought was an order to compel the Secretary of State to hold a single public inquiry to comply with the Secretary of State's alleged duty to investigate breaches of Article 3 in relation to each of the claimants or potential claimants.

Therefore, in order to recover for negligence in security, a plaintiff must establish that 1) he or she was owed a duty, 2) there was a breach of that duty, 3) that the alleged negligence was the proximate cause of the plaintiff's injury, and 4) that there was a resulting harm to the plaintiff.

The private right of action under CASL is a statutory cause of action under which persons who allege that they are affected by a CASL breach can apply to court for an order against the alleged violator.

CASL creates a statutory cause of action under which persons who allege that they are affected by a CASL breach can apply to court for an order against the alleged violator.

[2016] EWHC 1506 (Comm); [2016] Bus LR 876; [2016] 955 LMLN 1 Appeal under s. 69 on the question of whether, where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for the owner to prove that the underperformance resulted from compliance with the time charterer's orders.

Where the charge is an offence against the administration of justice, such as a breach of a court order, the Prosecutor should consider the extent of non-compliance, the seriousness of the alleged breach and any apparent reasons for the breach in determining her position on bail.

Where a court is considering an application for an enforcement order in relation to a contact order under the Children Act 1989, or for an order following an alleged breach of an enforcement order, and asks an officer of the probation service to provide information to the court, and the officer will need to discuss aspects of the court case with an officer of the National Probation Service, the court should give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

The test for civil contempt was articulated by the Supreme Court in Carey v. Laiken: (i) the order alleged to have been breached must state clearly and unequivocally what should and should not be done; (ii) the party alleged to have breached the order must have had actual knowledge of it; and (iii) the party allegedly in breach must have intentionally done the act that the order prohibits or intentionally failed to do the act the order compels.

«The Privacy Act 1988 confers a range of privacy regulatory powers which include powers to investigate an alleged interference with privacy and enforcement powers ranging from less serious to more serious regulatory action, including powers to accept an enforceable undertaking, make a determination, or apply to the court for a civil penalty order for a breach of a civil penalty provision.»

In order to provide insights into alleged security breach and the theft of more than $ 150 million USD worth of XRB, Cointelegraph conducted an exclusive interview with Francesco Firano, the founder and operator of BitGrail.

Specifically, it is used for an application alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act or an order not affecting children for example a property order under Part XIII of the Family Law Act.

This application is used when you are alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act 1975.