Sentences with phrase «appellate tribunals»

Mr. Thomas serves appellate clients from throughout the Commonwealth of Virginia in Virginia's appellate tribunals, the State Corporation Commission, and the United States Court of Appeals for the Fourth Circuit.

To make the correct evaluation first instance decision - makers and appellate tribunals must remember that the Directive's purpose is to simplify and strengthen the right of free movement and residence for all EU citizens.

And appellate tribunals have the duty to make an independent evaluation of the circumstances.

The appellate tribunal said Uber's drivers are workers, so they get workers» benefits.

The 2003 version of Family Proceedings Rules 1991, r 8.1 (3) requires that the judge, as appellate tribunal, «be limited to a review of the decision or order of the district judge», save where the «judge considers that... it would be in the interests of justice to hold a rehearing» — as happened, for example in R v R (Lump Sum Repayments)[2003] EWHC 3197 (Fam), [2004] 1 FLR 928, where Mr Justice Wilson (as he then was) decided that the evidence before the district judge needed to be revisited by him.

l As a rule also, there is some basis to the claims they make; what is in issue is the inappropriate and wholly excessive way in which they continue to pursue their claims after a properly constituted court (and later an appellate tribunal) has pronounced its decision, invariably one that has gone against them.

The duty of the appellate tribunal does, however, include a review of the record below in order to determine whether the trial court has properly directed itself to all the evidence bearing on the relevant issues.

As Baroness Hale went on to suggest, on an appellate tribunal some judges will usually have greater experience in some areas than others.

Judicial review is unsatisfactory in contrast to the workings of an appellate tribunal.

But there would be many cases in which it could properly be said by an appellate tribunal that on no view of the facts could removal be disproportionate.

The greatest functional distinction between a trial and an appellate tribunal is the former's responsibility to make findings of fact.

Not exact matches

The tribunal on Oct 21 adjourned his trial in the instance of his plea before the appellate court which had on October 30, dismissed Saraki's application to stop his trial at the CCT for lack of merit.

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

He has appeared in all levels of trial and appellate courts in Manitoba, the Supreme Court of Canada, as well as in many administrative tribunals, on a wide variety of cases.

He has appeared in various tribunals and has extensive experience in the High Court and significant experience in the appellate courts.

Mr. Ross» extensive business litigation expertise includes matters involving unfair business practices and related business torts, real estate disputes, partnership disputes, construction litigation, common carrier disputes and commercial litigation in state and federal trial and appellate courts, as well as in alternative dispute resolution tribunals.

Rule 9.100 of the Florida Rules of Appellate Procedure states that a party may file a petition for writ of prohibition in an appellate court to prevent a lower tribunal from the improper use of judicial power.

Courts, including a number of appellate courts, have reviewed human rights tribunal decisions, and spoken to the obligation of professional regulatory hearing panels to address alleged discrimination, unless such issues are expressly excluded from their scope by enabling legislation.

His practice spans a wide range of litigation in federal and state courts at the trial and appellate levels and before arbitral tribunals.

In addition to his consultative work, Mark speaks before human rights tribunals, in judicial reviews, before appellate courts, and is a frequent spokesperson for employers in collective bargaining and grievance arbitration.

Nigel has over 20 years» experience as an advocate before the English Courts, both at first instance (particularly in the Commercial Court) and appellate level, and before domestic and international arbitration tribunals, both ad hoc and institutional, including ICC, LCIA, LMAA, UNCITRAL, and FOSFA / GAFTA.

Is it feasible to speak with every provincial, superior, appellate, territorial and federal court or tribunal?

He has represented insurers, in both first and third party claims, appearing before all levels of court in Ontario and various administrative tribunals, including the Financial Services Commission of Ontario, and he has trial, appellate and mediation experience.

The Public Benefits Group also offers community advocacy and client representation in denials or terminations of government benefits in the administrative tribunals and appellate courts.

Alysha represents clients before courts and tribunals of first instance as well as at the appellate level.

The set of more than 50 barristers, who work as individual barristers taking personal responsibility for their cases, is led by Robin Allen QC and performs the whole range of civil court, tribunal and appellate work from the smallest claims to high profile cases in the Supreme Court and European Court of Justice.

Another aspect of this case is the the Superior Court judges» complaint concerns Quebec's unique use of its provincial court as an appellate body for its administrative tribunals, generally without a right of further appeal.

The lawyers in White & Case's Global Commercial Litigation Practice represent the interests of clients in all types of trial, appellate, regulatory and alternative dispute resolution tribunals around the world.

BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law, rendering moot Argentina's bid for clarity on the issue.

Do we need an appellate mechanism to control arbitral tribunals?

We provide expert legal advice and representation for all areas of litigation, criminal defence (trial and appellate), regulatory and tribunal matters, family law, wills and estates, and real estate law.

Paul has considerable experience of all aspects of employment law, on behalf of both employees and employers and has appeared in employment tribunals all over England and Wales as well as in Scotland, and at all appellate levels up to the Supreme Court where he appeared on his own in the case of Gisda Cyf v Barratt [2010] UKSC 41.

As well as offering advice to prevent workplace disputes from arising, we can also represent both employers and employees in tribunals, the EAT as well as the High Court and appellate courts.

We handle cases nationwide in all tribunals, including in federal and state trial and appellate courts, federal bankruptcy courts, and before domestic and international arbitration tribunals.

Madam Justice Newbury considered other appellate decisions in which both an original tribunal decision and a reconsideration were at issue.

But findings of this kind by an expert tribunal are entitled to considerable respect on the part of appellate courts, and it may be that despite my reservations about it interference would not have been justified.

The above quotation demonstrates clearly an aspect of employment tribunal judgments that the appellate courts are troubled with time and again.

Dan's employment practice focuses in particular on the financial services and professional services sectors, and includes High Court, appellate and tribunal advocacy, recently involving a number of lengthy trials and injunction applications.

Unlike my very favorable view of certain specialist tribunals like bankruptcy appellate panels (BAPs), I am a strong believer in review of social security disability denials by federal district judges.

We also support our clients with employment litigation at tribunal and appellate levels.

He finished his discussion of the case by stating that he agreed with a deferential review by appellate courts on factual questions but not on legal questions decided by any tribunal.

Rather «the division between law and fact in such classification cases is not purely objective, but must take account of factors of «expediency» or «policy»», including «the utility of an appeal, having regard to the development of the law in the particular field, and the relative competencies in that field of the tribunal of fact on the one hand, and the appellate court on the other».

The members of our Civil Litigation Practice Group have appeared before administrative boards and tribunals, and at all levels of trial and appellate courts, including the Federal Court, the Court of Appeal and the Supreme Court of Canada.

They regularly appear before all levels of courts and administrative tribunals, federal and state, trial and appellate.

That is, an appellate court need not be deferential in reviewing questions of law or legal determinations by a lower court or tribunal.

He has appeared numerous times as lead counsel before trial and appellate courts, and administrative tribunals.

As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals.

This intention is clear, for example, from the commitment which the EU and Canada made in the CETA to «pursue with other trading partners the establishment of a multilateral investment tribunal and appellate mechanism for the resolution of investment disputes».

(b) before any administrative board or tribunal over which the court on which the judge served exercised an appellate or judicial review jurisdiction

The fact of the matter is that, as appellate court dockets get larger and larger, the presumption of correctness attached to lower tribunal decisions gets stronger.