Sentences with phrase «applications to court within»

James also has widespread experience of corporate insolvency, both domestic and cross-border, including compulsory and voluntary liquidation, recognition of foreign proceedings and applications to court within an insolvency process.

Not exact matches

Ruling on the bail applications of the accused, Justice Aliyu Mayaki said: «The first applicant is admitted to bail in the sum of N150m with two sureties in like sum, who must be resident within the jurisdiction of the court.

Gulak, the ultimate poseur with an over-exaggerated sense of self, told journalists that a high court had thrown out an application by Uche Secondus, PDP's acting National Chairman, which sought to stop an earlier ruling that Secondus should vacate his position within 14 days.

A Wake Superior Court judge subsequently disagreed with that decision, and ruled that the state board was within its rights to not act on the application.

It having been reported to the Court that this case has been settled, it is hereby ORDERED that the above - captioned action is hereby discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within forty - five days.

In order to be eligible for a refund, you must: be separated from the federal government for at least 31 consecutive days or be transferred to a position not subject to retirement deductions for at least 31 consecutive days; not be reemployed in a position subject to retirement deductions at the time you file your application; be ineligible to receive an immediate annuity within 31 days of separation; not be prohibited from receiving a refund due to a court order; and notify your current and / or former spouse (s) of the refund request, if applicable.

First the court had to determine that it could overrule its Aqua - Gem decision which it held it could based on Supreme Court's 2002 Houssen decision, confusion within the Federal Court on the application of the Aqua - Gem standard, persuasive decisions from the Ontario Superior Court adopting the Housen standard, and the evolution in the role of prothonotaries and masters within the ccourt had to determine that it could overrule its Aqua - Gem decision which it held it could based on Supreme Court's 2002 Houssen decision, confusion within the Federal Court on the application of the Aqua - Gem standard, persuasive decisions from the Ontario Superior Court adopting the Housen standard, and the evolution in the role of prothonotaries and masters within the cCourt's 2002 Houssen decision, confusion within the Federal Court on the application of the Aqua - Gem standard, persuasive decisions from the Ontario Superior Court adopting the Housen standard, and the evolution in the role of prothonotaries and masters within the cCourt on the application of the Aqua - Gem standard, persuasive decisions from the Ontario Superior Court adopting the Housen standard, and the evolution in the role of prothonotaries and masters within the cCourt adopting the Housen standard, and the evolution in the role of prothonotaries and masters within the courtcourt.

In its recent ruling in Egenberger (C - 414 / 16), the Court's Grand Chamber has redrawn the boundaries of a constitutional problem German courts are rather familiar with: the horizontal application of the right not to be discriminated against in situations coming within the scope of EU law.

While air transport services remain special in the eyes of the Court, and thus are not subjected to the full regime of article 56 TFEU, Member States must refrain from discriminating air transport service providers (and receivers too probably) whose situation falls within the scope of application of the Treaties.

The increase in inter-parties work which resulted from the Woolf Reforms has meant far more trips to court on detailed assessments and interlocutory applications within costs proceedings.

Moreover, the clear severance of ESM from Article 136 (3) TFEU, and thus any roots in EU law, appears specious in light of the remainder of the judgment, which upholds the role of the EU institutions (including the Court) in the ESM and points to the importance of (Commission administered) conditionality on the one hand, while on the other, the application of the Charter of Fundamental Rights is excluded because the ESM is not within the scope of EU law.

This is not to say that the demarcation between a discrimination test and an obstacles approach is always that clear, nor is the Court's approach on when a situation falls within the scope of application of the Treaties, but it is a decent compromise between two, on the face of it, incompatible articles.

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823

Disclosure Statement Schedule 1 — S. 21 Federal Child Support Disclosure Schedule 2 — S. 21 Alberta Child Support Guidelines Disclosure Schedule 3 — Notice to Disclose Disclosure Schedule 4 — S. 65 Family Law Act — Form 1 — Request for Financial Information Schedule 5 — Update to Disclosure Filed Within the Last Three Years Undertaking Not to Appeal Divorce Judgment Request for Financial Information (Provincial Court Use Only)(CT3511) Originating Application for Queen's Bench Protectio Order (CTS2746) General Affidavit (CTS3819) Budget of Expenses (CT3510) Affidavit of Attempted Service (CTS10950) Affidavit of Service (CTS3882) Affidavit of Service — Respondent (CTS3514) Affidavit of Service — divorce (no children)(CTS3694) Affidavit of Service — Applicant (CTS3513) Schedule A to FL - 17 Generic Order

Aside from that, however, it has pretty much everything else a bankruptcy lawyer could ask for — the full U.S. bankruptcy code, full U.S. bankruptcy rules, local rules for almost every bankruptcy court in the United States, and contact information for all bankruptcy courts, appellate courts and trustees — all within an integrated and easy to use application.

A tenant may apply for an order reducing or extinguishing their liability to pay a particular administration charge in respect of litigation costs (ie costs incurred, or to be incurred in connection with proceedings before the court in question or, if the application is made after the proceedings are concluded, before the county court; the first tier or upper tribunal; or within arbitration proceedings or, after conclusion, the county court).

Within the scope of application of EU law national courts can already now apply higher standards of fundamental rights protection based on the ECHR and are obliged in cases of doubt to submit a question to the CJEU in the framework of a preliminary reference procedure.

Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to make a decision applying the principles that were applied by the court on an application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the application of judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.

The monopoly of dispute settlement maintained by the EU courts under Art. 344 TFEU obliges the Member States to settle disputes concerning the interpretation or application of the Treaties by no other means than the ones provided for in the latter and thereby strengthens the jurisdictional order of competences within the EU.

In addition, when choosing language intended to preclude the application of conflicts of law principles, be cognizant of the implications of language implying that a court should view the performance of the contract as occurring within a specified jurisdiction.

Heartened by AG Mengozzi's Opinion, some saw this as an opportunity for the Court to confirm the EU's dedication to the promotion and protection of human rights within the EU and beyond, and to decide that the Charter of Fundamental Rights is applicable to visa applications made by potential applicants for international protection.

She suggests emphasizing the role international and foreign law play within the domestic system, offering examples including asking the student to consider the application of Federal Rule of Civil Procedure 44.1 to a foreign adoption, or to determine whether a foreign corporation can obtain a dismissal of a federal court action based on forum non conveniens.

Generally, all you have to do to enforce an arbitral award under the Act is make a court application within two years receiving the award.

The Court of Appeal found that the Regulations were unlawful as they required «verifications of domestic violence to be given within a 24 - month period before any application for legal aid» and because they did «not cater for victims of domestic violence who have suffered from financial abuse».

To conduct a fact - finding process to answer those questions would convert the application to a «trial within a trial» which has been admonished by our Court of AppeaTo conduct a fact - finding process to answer those questions would convert the application to a «trial within a trial» which has been admonished by our Court of Appeato answer those questions would convert the application to a «trial within a trial» which has been admonished by our Court of Appeato a «trial within a trial» which has been admonished by our Court of Appeal.

So in Fransson the Court held that national measures which were connected in part to a specific obligation imposed by EU law on the Member State fell within the scope of application of EU law, and therefore of the Charter.

«[45] Given that s 24 and s 24A MCA 1973 is a barred route to relief at an interim stage, I am unable to conclude that an application brought under a generic procedural rule (rule 20 FPR 2010) can deliver a result which is specifically prohibited within the claim before the court.

In yet another application of R. v Jordan, on March 17, Justice Peter Wilkie of the Ontario Court of Justice stayed a charge in R. v. Stephenson's Rental Services, saying the right of the defendant to be tried within a reasonable time under s. 11 (b) of the Charter had been breached.

The human rights aspect of the case will be governed by whether or not the third party applied themselves to a disclosure application and upon the relevance criteria contained within the Magistrate's Court Act 1980, s 97 and the Criminal Procedure (Attendance of Witnesses) Act 1965, s 2 (as amended) in the Crown Court.

To appeal you must file an application with the Court and serve it on the Appeal Commission within 6 months of their decision (13.4).

While I agree that the Presiding Officer's decision was correct in law and within a range of reasonable outcomes, this case raises concern that the Court's broad application of the self - incrimination immunity exception to one class may have adverse effects on the public.

As a result of ss.11 (b) and 24 (1), anyone who feels that their right to trial within a reasonable time has been violated or denied, can make an application to the court prior to their trial date, indicating their intention to argue unconstitutional delay.

The Court of Protection Rules have been amended to accommodate applications to that court under s 21A of MCA 2005 arising from the operation of the scheme, for example an application which disputes a finding by a «supervisory authority», such as a local authority, that a care home resident is in fact deprived of his or her liberty within the meaning of Art 5 of the ConvenCourt of Protection Rules have been amended to accommodate applications to that court under s 21A of MCA 2005 arising from the operation of the scheme, for example an application which disputes a finding by a «supervisory authority», such as a local authority, that a care home resident is in fact deprived of his or her liberty within the meaning of Art 5 of the Convencourt under s 21A of MCA 2005 arising from the operation of the scheme, for example an application which disputes a finding by a «supervisory authority», such as a local authority, that a care home resident is in fact deprived of his or her liberty within the meaning of Art 5 of the Convention.

Perhaps the most established of the current crop of applications in the courtroom is real - time reporting, which enables a transcription of court proceedings to be available within seconds.

(1) An arbitral award, irrespective of the State or jurisdiction in which it was made, shall be recognised as binding within the DIFC and, upon application in writing to the DIFC Court, shall be enforced subject to the provisions of this Article and of Articles 43 and 44.

Order for hearing 536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice's own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to

We now know that in fact it was the treating health trust that applied to the court for permission to operate on the mother, the mother was represented through the Official Solicitor and by Queens Counsel, a senior barrister, within the application for permission to perform the caesarean section.

If a Part 18 Request is legitimate and is not replied to within a specified period of time (usually 14 days), then the requesting solicitor can make an application to the court to compel their opponents to comply with the Request.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

The Act further stipulated qualifications for appointment, criteria for selection and an application, review and interview process that did much to modernize the justice of the peace bench and that was much more consistent with the important role of the justices of the peace within the Court.

The court held that the application judge erred in law by focusing on the effect of the non-enforcement of the MEDIchair franchise system as a whole, without addressing the lack of interest to protect within the territory.

In the cases governed by Article 234 of the EC Treaty, the decision of the national court or tribunal shall, moreover, be notified by the Registrar of the Court to the States, other than the Member States, which are parties to the Agreement on the European Economic Area and also to the EFTA Surveillance Authority referred to in that Agreement which may, within two months of notification, where one of the fields of application of that Agreement is concerned, submit statements of case or written observations to the Ccourt or tribunal shall, moreover, be notified by the Registrar of the Court to the States, other than the Member States, which are parties to the Agreement on the European Economic Area and also to the EFTA Surveillance Authority referred to in that Agreement which may, within two months of notification, where one of the fields of application of that Agreement is concerned, submit statements of case or written observations to the CCourt to the States, other than the Member States, which are parties to the Agreement on the European Economic Area and also to the EFTA Surveillance Authority referred to in that Agreement which may, within two months of notification, where one of the fields of application of that Agreement is concerned, submit statements of case or written observations to the CourtCourt.

If a party wishes to introduce additional experts, an application to the Court must be served within 21 days after the joint expert's report is produced in addition to the court being satisfied that an additional expert is necessary for a fair tCourt must be served within 21 days after the joint expert's report is produced in addition to the court being satisfied that an additional expert is necessary for a fair tcourt being satisfied that an additional expert is necessary for a fair trial.

(6) Within ten days of being notified of the arbitral tribunal's decision, a party may make an application to the court to decide the issue and, in the case of the challenging party, to remove the arbitrator.

On the application of these provisions, when an action is commenced in the «wrong» High Court within a region, an affected party may apply to the Chief Justice through the Court for an order transferring the matter to the «appropriate» High Court within the region.

(6) Despite subsection (5), a solicitor may enter into a contingency fee agreement where the amount paid to the solicitor is more than the maximum percentage prescribed by regulation of the amount or of the value of the property recovered in the action or proceeding, if, upon joint application of the solicitor and his or her client whose application is to be brought within 90 days after the agreement is executed, the agreement is approved by the Superior Court of Justice.

The court considered the application of R v Goodyear [2005] EWCA Crim 888, [2005] 3 All ER 117 in cases where the defendant is charged with one or more offences which are specified offences within Sch 15 to the Criminal Justice Act 2003 (CJA 2003).

One of the issues that often arises in applications to stay court proceedings is whether the matter is within the scope of the arbitration agreement or not.

«Although the Crown is entitled to act as a strong advocate within the adversarial process, it can not adopt a purely adversarial role towards the defence,» wrote Superior Court Justice Robert Reid in setting out the issues in considering the defence's mistrial application in the murder case of R. v. Suarez - Noa on Friday.

Except in cases of contempt of court and in leapfrog appeals, an application for permission to appeal must be filed «within 28 days from the date of the order or decision of the court below»: rule 11.