However, Rangiah J rejected the «proposition that the mere commencement of
an appeal against an order imposing apecuniary penalty is, in the absence of prejudice to the respondent, enough to warrant a stay of the order pending the appeal.»
Re K (Child)[2016] EWCA Civ 931, [2016] All ER (D) 30 (Oct) was
an appeal against an order permitting the mother of a 10 - year - old girl to take her to live in the Republic of Ireland.
Re M (Children)[2016] EWCA Civ 1059, [2016] All ER (D) 58 (Nov) Â was the father's unsuccessful
appeal against an order giving the mother permission to relocate to Moscow.
Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused
appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.
On appeal from: [2014] NICA 86 In
this appeal against an order for deportation of a foreign criminal who has...
This decision follows the husband's
appeal against an order made by Bodey J, in the High Court, family division.
NNPC
appealed against the order for security.
When H died shortly afterwards, W
appealed against the order, and the County Court judge and the Court of Appeal allowed her appeal.
The rules that relate to
an appeal against an order restricting reporting or public access are found in the new Pt 69 (appeal to the Court of Appeal regarding reporting or public access restriction).
The Foreign Secretary successfully
appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.
However, under s 57 (2), CP (S) A 1995, there was provision for
an appeal against an order following upon an acquittal.
Various publishers
appealed against the orders, pursuant to the Criminal Justice Act 1988, s 159.
(2) The rights and liabilities conferred, imposed or affected by section 114MI include (but are not limited to) the right of a person who was a party to the proceeding or purported proceeding in which the ineffective order was made to
appeal against that order.
Appeal against order for transfer of care proceedings relating to two children born in England to Hungarian parents, to Hungary.
Not exact matches
Last May the U.S. Court of
Appeals for the Fifth Circuit sided with the plaintiffs and issued an injunction
against the
order.
A defiant Donald Trump has pledged to
appeal against a federal judge's
order placing an immediate halt on his revised travel ban, describing the ruling as judicial overreach that made the United States look weak.
On Sunday and Monday, 127 Bay Area companies filed an amicus brief with the U.S. Court of
Appeals for the 9th Circuit stating their opposition
against the president's executive
order on immigration.
While Jesner suggests that five justices likely would rule that the federal courts should not recognize an ATS cause of action
against American corporations for their overseas activities, several federal
appeals courts have exhibited little willingness to limit the scope of ATS liability unless directly
ordered to do so by the Supreme Court.
On the morning of Thursday, July 2, Florida's Second District Court of
Appeal ordered that the trial in Hogan's $ 100 million invasion of privacy suit
against Gawker Media be delayed.
Like the Franciscan also it protests
against the ecclesiastical
order, a protest which
appeals to the New Testament witness to Jesus Christ in judgment
against the authority of the ecclesiastical tradition.
The records of the Augustinian
Order show that the request to be allowed to
appeal to the Pope
against the Bull amalgamating other Saxon friaries to Erfurt and the other reformed communities was not allowed by the Procurator General of the
Order.
«The plan is for him to be with us at the Club World Cup, and we'll see if he can play the first game,» he said, adding that the club would
appeal against the decision taken by UEFA to give defender Dani Carvajal a game's suspension for deliberately time wasting in
order to force a yellow card away to APOEL Nicosia with the aim of going into the knockout stage of the Champions League free of cards.
In an
appeal he filed through his team of lawyers headed by J.B Daudu, SAN, Saraki prayed for «An order staying further proceedings in Charge No: CCT / ABJ / 01 / 2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.&
appeal he filed through his team of lawyers headed by J.B Daudu, SAN, Saraki prayed for «An
order staying further proceedings in Charge No: CCT / ABJ / 01 / 2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015 pending the determination of the
appeal pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.&
appeal pending before the Supreme Court
against the judgment of the Court of
Appeal dated October 30, 2015.&
Appeal dated October 30, 2015.»
One would have limited the time an agency can delay a court -
ordered release of information while drafting an
appeal to two months; the other would have let judges award attorney fees to individuals who win cases
against agencies that deny them information.
He said the party had sought a stay of execution
order against any court
order challenging the election, said they also
appealed the court
orders.
The former National Security Adviser (NSA) Colonel Mohammed Sambo Dasuki (rtd) who is being unlawfully detained
against court
orders by Department of State Service (DSS) has approached the Court of
Appeal Abuja Division praying the court to set aside the subpoena issued
against him by the federal high court to appear before it to testify in a N400m corruption charges brought
against Former National Publicity Secretary of the People's Democratic Party (PDP) Mr. Olisa Metuh.
MPs are now voting on a Labour amendment that would stop the bill reducing opportunities to
appeal against deportation
orders.
But elected officials and advocates say they are filing amicus briefs in opposition to the city's
appeal of a July 2015 state court decision that called for the release of a summary of misconduct findings
against Officer Daniel Pantaleo, who put Staten Island man Eric Garner in a chokehold that killed him, noting that the law permits released based on a court
order.
In 2015, a state judge
ordered the Civilian Complaint Review Board to release any substantiated misconduct allegations
against Pantaleo, but the city is
appealing that ruling.
Information just reaching our newsroom is that Ngwa Youths have barricaded all roads leading in and out of Aba in protest
against the
Appeal court's ruling over the weekend which nullified the election of governor Ikpeazu of Abia state and
ordered the immediate swearing - in of the APGA candidate Dr. Alex Otti.
The judge described the application as totally strange, noting that having not
appealed against the interim forfeiture
order, Ogungbeje had no right to seek a stay of proceedings in the case.
Senate Minority Leader Charles Schumer reacted with suspicion to President Donald Trump's nomination of Court of
Appeals Judge Neil Gorsuch to the late Antonin Scalia «s slot on the Supreme Court — and warned
against any Republican attempt to eliminate the filibuster in
order to ram his confirmation through.
Currently, lawyers representing New York City are
appealing an appellate judge's decision
ordering the city to release a summary of substantiated complaints
against Pantaleo.
Last Wednesday's deadline for the city to
appeal a judge's
order dismissing the mayor's lawsuit
against COR passed without an
appeal.
«Our legal department has asked us to go ahead and obey the Court of
Appeal order against the Federal High court judgment.
Speaking with our correspondent on Thursday, the Anambra REC said its legal department had studied the judgments and asked it to go ahead with the election as
ordered by the court of
appeal as
against the Tsoho Federal High Court judgment.
«The suit comes up Friday May 27, 2016 for the hearing of all pending applications, including Motions for stay of proceeding / execution of the
order of May 12, 2016 pending the
Appeal already filed
against the suit; motion to set - aside and / or vacate the
order of May 12, 2016; motion for joinder of certain persons; motion on notice by way of notice of preliminary objection on ground of jurisdiction, among others.»
«Our legal department has asked us to go ahead and obey the Court of
Appeal order against the Federal High Court judgement.
While contending that the
order of the court had not been vacated or
appealed by the agency, the governor added that the agency's action showed desperation and political partisanship, as it had earlier petitioned
against Justice Taiwo asking that the case be transferred to Akure, Ondo State.
All throughout this legal battle, Apple has fought Judge Denise Cote on nearly every ruling, and have filed multiple motions and
appeals; at one point, Apple was back in court for directly refusing to work with the court - appointed monitor that Cote
ordered as a result of ruling
against Apple in the initial phase.
Finally, in June 2011, Argo issued final confirmation that Cascade was not
appealing the Colorado Court
order at end - March dismissing the lawsuit
against Argo.
The Chinese dissident artist has complied with the government and has made good a $ 1.3 m (# 820,000) bond in
order to begin an
appeal against a $ 2.5 m tax bill.
The Dutch government plans to
appeal against a court
order to increase its ambition on climate change, it revealed on Tuesday.
The judgment takes effect from the day when it is given or made, or such later date as the court may specify (FPR 2010, r 29.15); and an
appeal is
against that judgment, not the
order.
The court has a discretion as to whether repayment should be made by a losing payee spouse; and thus for example «to
order repayment unconditionally or subject to a prohibition
against enforcement
against her without further leave»; but such discretion «should certainly not be equated with that of determining the incidence of costs at the conclusion of an
appeal».
In a 69 - page opinion in O'Grady v. Superior Court, the California Court of
Appeal said that the trial court erred in refusing to grant an
order protecting
against disclosure of their identities.
The problem is easily illustrated by SW v RC [2008] EWHC 73 (Fam), where Mr Justice Singer contrasted the meanings of 14 days from «the determination
against which the
appeal» (in FPR 1991 r 4.22 (3): Children Act 1989 (ChA 1989), Sch 1 proceedings) as
against from «the date of the
order or decision
appealed against» in r 8.1 (4)(ancillary relief proceedings); and what for this purpose, he asked, «constitutes a «determination», and an «
order or decision»?»
Permission to
appeal against ancillary relief
orders (after Barder v Barder (Caluori intervening)[1988] AC 20, [1987] 2 FLR 480, HL) has been in the reports recently; but in two cases which only emphasise that, for such an application to succeed, the circumstances must be exceptional.
In P (A Child)[2007] EWCA (Civ 1265, [2007] All ER (D) 475 (Nov)-RRB-, a parent's
appeal against the refusal to grant leave to oppose an adoption order was dismissed by the Court of Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the f
appeal against the refusal to grant leave to oppose an adoption
order was dismissed by the Court of
Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the f
Appeal, despite the parents having been assessed fit to care for their second child and those of a previous relationship of the father.
We'd like to know how they could possibly rule
against us after
ordering the other side to respond to our
appeal.