In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge
approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.
Not exact matches
Given that the
issues are seemingly unavoidable in NAFTA, the lecture then highlights the preferred
approach (relying on international treaty standards) and identifies many
of the most important
issues up for discussion including copyright term, fair dealing, intermediary
liability and digital
issues such as net neutrality and data localization.
«Previous studies have also noted that the financial condition
of the most troubled institutions is, to a large extent, a product
of an inefficient expense structure, revenue challenges associated with a patient mix that
approaches 90 percent public payers and charity care, and overwhelming
liabilities (including debt
issued long ago for physical plant improvements that, in some cases, are obsolete),» the health department said in its announcement.
Given the potential ethical minefield and potential
liability issues that could arise as a result
of payment
of referral fees, a far better course
of action may be to eschew referral fees entirely and take the
approach taken by one lawyer who says:
[34] The first is the learned trial judge's
approach to the
issue of liability.
The Canada Industrial Relations Board has declined to deal with the
issue of the
liability of a successor union for cancellation fees for arbitrators when it changes its
approach to handling grievances.
[39] I also accept that Siskinds»
approach of requesting the Court to consider granting partial summary judgment was appropriate in the circumstances
of this case because the
issue of liability turned on a quite discrete
issue of contractual interpretation.