Sentences with phrase «applications for relief from»

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.

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..

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.

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.

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

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)

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.

Not exact matches

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.

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.

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.

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.

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.

First steps to apply for relief from interest and penalties: Gather records, complete the late tax returns and get in the application before the taxman comes knocking, and before the 10 - year limitation period expires.

LawPRO, on behalf of Mr. Singer, proceeded against Stewart Title by way of an application for an interpretation of the exception from coverage clause relied upon to deny coverage and, in the alternative, for a relief from forfeiture.

Our expertise in the pursuit and defence of civil fraud claims, particularly in the commercial context, extends from the early advisory stages and the obtaining (or resisting) of urgent freezing and search order relief (including dealing with the cross-jurisdictional issues that may arise and enforcement through applications for contempt and other measures), through to trial and the tracing and recovery of assets both in the UK and internationally.

The defendant made application to extend time for compliance with an unless order and for relief from sanctions.

To date, 47 states have adopted post-conviction DNA testing statutes; some have imposed additional limitations that hinder applicants from obtaining testing, such as prohibiting applications from those (1) that have plead guilty; (2) that have admitted to guilt in order to obtain parole; (3) whose attorneys did not request testing; (4) convicted of crimes for which relief could be sought; (5) who are sentenced to death; (6) who are able to establish a likelihood rather than a possibility the testing will be exculpatory; (7) where there are clear and convincing evidence that the new results would be significantly more discriminating than the results of previous testing; or (8) that fail to provide adequate safeguards to preserve biological evidence.

She is accustomed to being involved from an early stage, and has substantial experience of applications at short notice for interim relief, specific disclosure applications and strike out applications.

A applied in 2002 under s. 34 (2) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 («IRPA»), for ministerial relief from the determination of inadmissibility, but his application was denied in 2009.

Cullen Investments Ltd v Brown [2017] EWHC 2793 (Ch) Application under section 1157 of the Companies Act 2006 for relief from liability for breach of duty arising from a director's failure to obtain authorisation for a conflict of interests

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.

Ben has experience of dealing with issues arising from allegations of fraud and insolvency claims, including a significant number of applications for interim relief.

acting for the University of Roehampton and University of Nottingham in strike out and relief from sanctions applications of contractual claims;

It involved an application to the court by several pharmacists working in Zellers stores in Ontario for injunctive relief preventing Zellers from transferring patients» health records to Loblaw and Target upon their agreement to purchase the Zellers pharmacies.

This is an interesting decision involving a minor child's application for declaratory relief confirming her withdrawal from parental control.

The Competition Appeal Tribunal (Peter Freeman QC) has rejected an urgent application by Flynn Pharma for interim relief against the CMA's decision that Flynn should reduce its prices of Phenytoin capsules with effect from Monday.

[17] In his written material contained in the Defendants» motion record, Mr. Fancy argues that I ought to recuse myself from continuing to be the case management judge because of bias and he cites three main reasons: that my decision on the applications was wrong; that I failed to deal with the fact that MS has launched both applications and claims for the same relief; and that when I was a lawyer more than ten years ago, I was connected with a crime, specifically, a break and enter involving Mr. Fancy's client.

Provide direct legal services to victims of labor and sex trafficking to address the range of civil legal issues that arise from their victimization, including, but not limited to, representation on applications for immigration relief and to recover civil damages arising from the trafficking

On appeal from a judgment or order resolving an application for post-conviction relief, except as otherwise specifically provided in this rule, the appeal shall be docketed and shall proceed in accordance with the ordinary procedures specified in the Nevada Rules of Appellate Procedure.

A letter after a hearing to remind a LIP of his obligations to take steps in the proceedings by specified dates will help the lawyer later to oppose any application for an extension of time or relief from sanctions on grounds that the LIP did not understand what he had to do, or that the order was drawn late by the court.

The appellants brought an action against their next door neighbour seeking injunctive relief and damages for: (i) invasion of privacy arising from video and audio cameras which they say were trained on their property; (ii) nuisance arising from outside speakers, floodlights and the occasional errant hockey puck; (iii) trespass arising primarily from the construction of two fences; and (iv) abuse of process arising from an application for a peace bond made by the respondents before a justice of the peace.