Sentences with phrase «applications for relief»

In fairly mandatory words the Court of Appeal suggested that parties who opportunistically and unreasonably oppose applications for relief from sanctions, take up court time and act in breach of this obligation will be penalised.

In Summit Navigation Ltd v Generali Romania [2014] EWHC 398 (Comm), Mr Justice Leggatt gave guidance on how the courts should treat applications for relief from sanction under CPR Pt 3.9.

Bernard Pressman analyses the «new» approach of the courts to applications for relief from sanctions

Although written before the Court of Appeal's judgment in Mitchell MP v News Group Newspapers Ltd the book confidently sets out the new approach the courts will adopt to issues such as applications for relief from sanctions.

It achieves that aim in spades, from practical advice on disclosure of CFAs, applications for relief from sanctions in assessment proceedings and the new provisional assessment scheme to pragmatic advice as to what heads of costs are likely to be recoverable on an inter parties assessment.

As a judge, I shared one law clerk with another judge, and that clerk's primary responsibilities involved drafting proposed orders, reviewing motions, and researching the effects of various criminal convictions from various states on different grounds of removability, largely freeing me and my fellow judge to review applications for relief and the supporting evidence for those applications.

James has also advised and acted in a wide range of arbitration - related court proceedings, including; applications for relief in support of arbitrations (such as anti-suit injunctions and worldwide freezing orders and witness summonses); challenges to awards (eg.

2015 will see «significant reduction in the number of interim applications for relief» now the Jackson reforms have bedded in, Leigh Callaway, associate at Irwin Mitchell and Junior London Solicitor Litigation Association committee member, forecasts in this week's NLJ.

The training was facilitated by the Connecticut Bar Association Young Lawyers Section, Connecticut Coalition Against Domestic Violence, Robinson + Cole, and Statewide Legal Services for attorneys interested in representing victims of domestic abuse applying for civil restraining orders (applications for relief from abuse) under Conn..

There can be no doubt that the Court of Appeal's warning against opportunism and the threat of the imposition of heavy costs sanctions for the unreasonable refusal of extensions or the unreasonable oppositions of applications for relief will make practitioners think twice.

The Court of Appeal's statement to the effect that contested applications for relief from sanctions will be exceptional may well nevertheless prove to be optimistic.

The Court of Appeal has now condoned the robust approach taken by judges in the exercise of their case management powers when facing applications for a relief from sanctions.

cases invoking the inherent jurisdiction of the High Court, whether in relation to children (wardship) or incapacitated or vulnerable adults; and international cases involving applications for relief under either the Hague Convention or Brussels II bis.

It is not clear, however, what process the Department will use to consider applications for relief and how it will determine how much relief to provide to borrowers with valid defenses.

If the Department finds that borrowers with outstanding loans were defrauded, and is only now accepting applications for relief, it should not limit relief based on how long it took to set up a process for applying for relief.

Successful application for relief from sanction of automatic strike out, applying Denton v White, arising from non-payment of court fee in JR

(Successful application for relief from sanctions applying Denton v White, arising from non-payment of court fee in JR)

In three of these four decisions — all but Cardinal v Amisk Housing Association — the jurisdiction of the Master to hear the tenant's application for relief from the RTDRS order was challenged by the landlord.

«(1) On an application for relief from any sanction imposed for a failure to comply with any rule... the court will consider all the circumstances including --(a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

As to what circumstances are likely to be relevant for this purpose, the Court of Appeal in Denton only referred to two in particular; the promptness of any application for relief and other past or current breaches of rules, practice directions and court orders.

Practitioners must be aware that delay in an application for relief from sanctions can lead to strike out, regardless of the hardship on the innocent party, as can non-compliance with court directions.

The apparent escape route was blocked off as there had been no prompt application for relief.

The claimant's solicitors filed witness statements two months late and failed in an application for relief from sanctions to rely on them at trial.

Ultimately, the delay in making application for relief was critical.

Also, as a discretionary matter, Immigration Judges can view juvenile activities as a negative factor when considering any application for relief from deportation.

(Successful application for relief from sanction of automatic trike out, applying Denton v White, arising from non-payment of court fee in JR)

In the first New York appellate decision to rule on the issue, the Appellate Division, Second Department held in its February 28, 2018 opinion in Spencer v. Spencer, that violations of matrimonial action «Automatic Orders» can be grounds for a finding of civil contempt, but an application for that relief must be made before the entry of the judgment of divorce.

Master Schlosser's initial approach, to treat an RTDRS Order as an Order of the Court, is more workable than transforming an application for relief into an appeal.

To make sure the message is driven home they suggested that unreasonable opposition to an application for relief from sanctions might be taken into account in the assessment of costs generally in accordance with CPR 44.11.

Each of the appeals sought to question the court's interpretation and application of CPR Rule 3.9 which provides for parties to make application for relief against sanctions.

In line with practitioners, who have argued that interest accrues continuously and that the CRA's administrative practice has no «fairness» rationale, Justice Stratas accepted Mr. Bozzer's position that the 10 - year limitation period is the 10 years that end with the taxpayer's application for relief, regardless of the taxation year of the principal tax debt.

Not exact matches

As for civilian applications, Duncan adds that the technology could be used for disaster relief or in difficult climates.

A program providing federal student loan relief for up to two years will begin accepting applications Thursday, according to Gov. Andrew Cuomo.

For example, one of the chief applications envisioned by Lipomi is a low cost «solar tarp» that can be folded up for packaging and stretched back out to supply low cost energy to rural villages, disaster relief operations and the military operating in remote locatioFor example, one of the chief applications envisioned by Lipomi is a low cost «solar tarp» that can be folded up for packaging and stretched back out to supply low cost energy to rural villages, disaster relief operations and the military operating in remote locatiofor packaging and stretched back out to supply low cost energy to rural villages, disaster relief operations and the military operating in remote locations.

The application of gentle cooling and warming currents inside the ear canal can provide relief for migraine sufferers, new research at the University of Kent has helped show.

With promise in broad areas ranging from relief of cancer - related chronic pain to management of deadly brain metastasis, RNAi has potential applications for every type of cancer.

In 1996, in response to these concerns, Varmus, then director of NIH, impaneled a group of experienced clinical investigators and academic health center administrators to make recommendations that might guide the NIH toward policy changes to alleviate the concerns in the clinical research community.14 Several of the panel's recommendations have been implemented, including increased support of the General Clinical Research Center budget, expanded support of training in clinical research, and the establishment of NIH - sponsored educational debt relief programs for clinical investigators.15 - 18 The panel also recommended restructuring of NIH peer review groups so that patient - oriented grant applications would be evaluated by study sections in which at least half the grant applications involve patient - oriented research.

Enzymes to reduce pain and inflammation Case example of pulling off an autoimmune attack and severe inflammation reduction; including improved circulation The use of cayenne pepper Addressing the issue of Ascites Scarring of the liver Edema and inflammation; additional type of enzyme supplementation Ascites additional options Nausea relief Ascites, edema of the legs and ankles; releasing buildup of fluids DMSO continues to amaze me DMSO Gel form and its external application for pain, swelling, trauma, inflammation and a great deal more Sounds like DMSO is your best friend Working with the DMSO Gel, medications and general warnings Common sense examples when using DMSO Brain inflammation and DMSO The use of niacin (vitamin B3) for Ascites Coffee enemas for major pain relief Pain relief and the application of Castor oil packs in drawing out toxins Castrol oil packs and liver cancer cases Flax oil for pain control Pain control using Bentonite Clay mud packs in drawing out toxins for internal and external use BRAT has been used by many to stop or control Diarrhea issues Charlotte Gerson's book «Healing the Gerson Way» Bentonite clay application for external use including bath Case example of using the Pain Triad

The application of one Rose petal take the burn out immediately and for as long as it's on there I feel relief.

After suffering from hypertonic pelvic syndrome, I found relief from my symptoms by a careful application of Iyengar - style / influenced yoga and breath work and since then I have continued to refine and develop the application of yoga for the pelvic floor for myself and others.

In addition, dry eyes could be treated with an application of vitamin A in the form of eye drops, providing relief for the eyes.

A single 60 - min application in patients with neuropathic pain produced effective pain relief for up to 12 weeks.

I've been using Benefit's High Beam for quite a while now and so it's a relief to see this one is recommended for the same areas of application - nothing too difficult for this cosmetic novice haha!

This approach would cut back substantially on paperwork, a relief for the millions of students who complete both the 1040 and the Free Application for Federal Student Aid in order to get federal grants, loans and tax credits for college.

Today is this year's application deadline for the handful of states that have not already sought relief from some of the mandates of NCLB.

8.1 Subject to any provisions in the LA's published and agreed guidance for in - year school transfers and for applications submitted for years other that the normal year of entry, the academy will consider all such applications and, if the year group applied for has a space available, admit the child unless one of the permitted reliefs apply.

At least another 47 have submitted waiver applications for retroactive relief that are expected to come before the state board in May.

A group of California districts seeking relief from federal mandates under the No Child Left Behind Act have proposed implementing its new system for school improvement this fall, assuming its updated application is approved by July, officials said Tuesday.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.