Sentences with phrase «also party to the proceedings»

the party is not represented in the proceedings by a government party that is also party to the proceedings.

Not exact matches

To clarify: the reference to «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppeTo clarify: the reference to «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppeto «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppeto claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been dropped.

By my signature, I also agree to indemnify and hold PETS Magazine harmless from and against all claims, actions, proceedings, damages, losses, liabilities, and costs that may arise from or related to any infringement on any intellectual property rights or other rights of a third party.

The Sugarlift Gallery, located close to the now - defunct Bushwick arts / workspace hub Third Ward, will also play a central role in the weekend's proceedings, hosting a rooftop party and event during the course of the week.

The commencement of proceedings can also be used to exploit the disclosure and discovery provisions of the rules of court, to chivvy an uncooperative individual into negotiations and to signal the commitment of a party to a particular position.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

This is a timetable for the parties to deal with various stages in the proceedings, including exchanging witness statements, and it also gives a trial window for when the trial will take place.

Edward has also acted in confiscation proceedings in the crown court to protect the interests of third parties in property held by a fraudster.

Abused Children Protection Orders (SB 1335 / PA 99 - 0349): Provides that the parties to the proceedings are also entitled to copies of unfounded reports.

As specified in section 25 of BC's Civil Resolution Tribunal Act, the case manager would have authority not only to decide which dispute resolution methods are to be used, but also to require the parties to participate in proceedings using said methods.

Accordingly, a party could not be obliged to participate in proceedings (para 219); also, the EU and its Member States thereby retained the power to examine whether the material requirements were fulfilled — which necessarily included a decision based on EU law (para 220 - 1).

The expert also needs to know what type of case it is, ie civil, criminal, family or other, whether the matter is in its early pre-action stage or if court proceedings have begun, and whether you are instructing him as a party - appointed expert or a single joint expert (or, if the matter is pre-action, as a jointly selected expert under a pre-action protocol).

Funding for private family law cases is generally only available where the applicant for legal aid can show that they are a victim of domestic abuse, or where they can show that the aim of the proceedings is to protect a child at risk of abuse from a third party (such applications are in scope because of Paras 12 and 13 of Part 1 Schedule 1 of LASPO; see also Chapter 6 of the Handbook).

This agreement also requires each party to be honest, transparent, and forthcoming during the proceedings.

Because the judge must also be fair to the other party, to the witnesses who are being asked to give evidence and to the needs of other people's court proceedings, the judge may have to limit the time you have to present your evidence or to explain why you want the result you are hoping to get.

This is illustrated not only by its case - law [4] but also by its constant efforts to secure the participation of the EU institutions, and notably the European Commission, as a third party in proceedings where EU law is involved.

The lawyers in our administrative law group also represent parties to administrative proceedings, including individuals and corporations, and act as prosecuting counsel on behalf of a number of different professional bodies and self - governing associations.

Proposed changes would also mean that the period of one year's separation required by current legislation, before proceedings on that ground can be commenced, should not preclude, as it currently does, the parties spending even one night together in an effort to explore reconciliation.

People who represent themselves in legal battles may not get the outcome that they expect or deserve, it can also mean that the party with representation is forced to take on more of the legal costs and proceedings can also be slowed down due to a lack of legal knowledge.

Leggatt J made it clear that where institutional rules provide parties with quick relief through the arbitral process, they also have the effect of limiting the English courts» ability to use their powers to support the arbitral proceedings.

When a company under investigation is also involved in ongoing civil proceedings (before a court or an arbitral tribunal) that relate to the conduct under investigation, a party or the government may seek to stay those proceedings pending the outcome of the investigation.

Entering an arbitration agreement entails not only a positive right to refer disputes to arbitration, but also a negative obligation on contracting parties not to bring proceedings in any other forum.

Rechtwijzer 2.0 has the dual aim of making it easier for the parties to separate or divorce, while also allowing Legal Aid to reallocate resources from intake in separation proceedings.

A pilot scheme has also been introduced (as part of the implementation of the new Financial List) which enables claims started in the Financial List that raise issues of general importance to the financial markets, and in relation to which immediately relevant authoritative English law guidance is needed, to be determined as test cases, without the need for a present cause of action between the parties to the proceedings.

Where a company subject to investigation is also involved in ongoing civil proceedings (before the courts or an arbitral tribunal) that relate to the conduct under investigation, the parties may seek to stay those proceedings pending the outcome of the investigation.

A party to arbitral proceedings can also apply to the court under section 43 of the 1996 Act to secure the attendance of a witness (including a third party witness) in order to produce documents or provide oral testimony.

The court is also entitled to stay court proceedings under its inherent jurisdiction where the requirements of section 9 of the 1996 Act are not satisfied — for instance, where there is a dispute whether the parties have entered into a binding arbitration agreement or whether the dispute falls within the scope of the arbitration agreement (see A v B [2006] EWHC 2006 (Comm)-RRB-.

However, the trial judge also has an obligation to ensure that there is fairness to the other party to the proceedings.

For the same reason, he also dismissed the motion to add CCCC as a party to the proceedings.

The NCCP also spells out the «guiding principles of procedure,» one of which is respect for the proportionality principle, whereby each party must ensure that each step in the proceedings is proportionate, in terms of the cost and time involved, to the nature and complexity of the matter.

Linda would also be delighted to accept instructions direct from a lay party who has been invited by the court to intervene in care proceedings where there has been an injury to a child and there are issues as to who may have caused this.

They would also be able to make interim orders, expedite proceedings, set dates, work with the parties to resolve differences and apply solutions in accordance with other employment legislation.

In a lovely bit of shareholder advocacy, Morrison writes, «The risks from poor legal advice also loom for companies, and also affect the same constituents, yet to my knowledge no third party assesses companies comparatively on the quality of their legal staff, the adequacy of their in - house legal resources, the legal surefootedness of their outside counsel, the protections provided their intellectual property, the liabilities faced by them through regulatory and judicial proceedings, and the adroitness of management practices.»

The judge also noted that Practice Direction 15B, para 1.3, stated that if, during the course of proceedings, «there is reason to believe that a party may lack capacity to conduct the proceedings, then the court must be notified and directions sought to ensure that this issue is investigated without delay».

The decision is also a reminder that the Civil Evidence Act 1995 applies to both parties in civil proceedings — the defence may rely on hearsay too.

Mr. D'vitre learned senior counsel submits that the observation of the Division Bench of this Court in the appeal filed by the petitioner therein that the petitioner has pleaded or raised the issue that Part I would not apply, also would indicate that both Parties have accepted the applicability of Part I to the present arbitration proceedings and both have understood the same position.

This, I am afraid, would not only be inimical to the interests of the parties but also affront to section 9 of the Indian Arbitration, the underlying object whereof is to sub serve and facilitate arbitral proceedings.»

In addition to allowing patent holders themselves to engage in the process, reexamination proceedings also allow third party groups to file on behalf of the public interest.

Note 2: The court may also order parties to proceedings to attend appointments with a family consultant.

(3) This Division also applies to any other proceedings between the parties that involve the court exercising jurisdiction under this Act and that arise from the breakdown of the parties» marital relationship, if the parties to the proceedings consent.

A State or Territory may also be a party to the proceedings (Native Title Act 1993 (Cth), s84 (4).

(3) This Division also applies to other proceedings between the parties that involve the court exercising jurisdiction under this Act if:

Note 2: The court may also order parties to proceedings to attend, or arrange for a child to attend, appointments with a family consultant.

It is also important to note that, if for some reason the process is unsuccessful, the practitioners involved withdraw from the divorce proceedings and the divorcing parties have to engage new legal representatives for their litigation.

Like the criminal offences under the Act, reviewable matters are also investigated by the Bureau, may result in proceedings initiated by the Bureau or private parties in certain cases with leave from the Competition Tribunal, are generally heard before the Competition Tribunal (and in some cases in provincial or Federal Court) and are subject to a variety of potential remedial orders or monetary penalties.