Sentences with phrase «arise given the application»

The parameters that have accompanied the exemptive relief in these cases appear excessively obstructive to some in the crypto community, and may simply serve to highlight the scope of the jurisdiction of the securities regulators and the difficulties which arise given the application of securities laws.

Not exact matches

Given recent market conditions, specifically a rising interest rate environment, questions regarding the treatment of market discount have become particularly relevant for many municipal bond investors, and some confusion has arisen over the application of this provision.

Holmcroft's application for judicial review arose out of concerns held by Holmcroft that KPMG (as independent reviewer) and Barclays Bank PLC (the bank which sold the IRHPs to Holmcroft) had not given proper consideration to Holmcroft's claim for consequential losses.

PRC Company Law has a sound system but lacks details, which gives arise of uncertainty and disunity in application and adjudication.

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

(4) A lawyer or other representative who acts for the insured person in respect of the application or in respect of any civil proceeding arising from the accident shall, at the time the application is submitted, give the insurer and the insured person written notice disclosing any conflict of interest that the lawyer or other representative has relating to the treatment plan.

(3) A lawyer or other representative who acts for the insured person in respect of the application for a benefit or in respect of any civil proceeding arising from the accident shall, at the time the treatment confirmation form is submitted, give the insurer and the insured person written notice disclosing any conflict of interest that the lawyer or representative has relating to the claim for benefits.

(14) If, after giving a notice under subsection (6) in which the insurer agrees to pay for an assessment or examination, it comes to the insurer's attention that a person described in subsection (2) or (3) has a conflict of interest relating to the assessment or examination, the insurer may give the insured person notice requiring the insured person, within five business days after receiving the notice, to amend the application so that no conflict of interest will arise.

Given the mandatory nature of Rule 68, the question of whose obligation it is to bring the action formally under the rule raises an interesting issue that may well have relevance to any claim for costs arising from the late date of this application.

It is a process that gives parents quick and easy access to a neutral decision maker who can resolve day to day problems about parenting issues as they arise, with the goal of minimizing conflict and avoiding further expensive and often unnecessary court applications.

It was to be observed that (i) there was no express provision within the Disqualification Rules dealing with expert evidence; (ii) where a question of expert evidence did arise, the CPR provisions dealing with expert evidence would apply; (iii) it was within the scheme of the Disqualification Rules for a question or questions requiring expert evidence to be identified at the first hearing of the application and for the court at that stage to give directions for the filing and service of such evidence; and (iv) it followed that expert evidence ultimately used by a claimant in support of the application or that a defendant ultimately wished the court to take into consideration might not have been filed and served by the first hearing of the application.

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»

To the maximum extent permitted by law, these Terms of Sale are governed by the laws of the state of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the state of New York, and you hereby consent to the exclusive jurisdiction and venue of the federal courts located in the Southern District of New York in all disputes arising out of or relating to these Terms of Sale.