Sentences with phrase «as abuse of process»

The judge struck the defence as abuse of process.

The motion was dismissed as an abuse of process.

The action was dismissed as an abuse of process lacking any merit.

Google Inc. sought an order to permanently stay or summarily dismiss the proceedings as an abuse of process.

The trial judge held that the proceedings should be struck out as an abuse of process: «This is not only an example of forum shopping but of issue switching which the court should not be prepared to tolerate.»

The Court also dismissed an application by the Appellants to strike the claim as an abuse of process, on the ground that the negligence claim should have been brought in the original trespass proceeding.

Because of the funding regulations alternative representation could not be found and as a result the court stayed the confiscation proceedings as an abuse of process, costing the taxpayer in excess of # 1m.

The actions are seen by critics as an abuse of process, or a form of legal bullying by interests with deep pockets who try to bankrupt opponents or intimidate them into silence.

Cleeves v University of Oxford [2017] EWHC 702 (QB); QBD, April 5 2017; [2017] ELR 303 A former student's claim for damages against a university was struck out as an abuse of process

In other words, a re-introduction of the prima facie case for a very limited range of countries would positively assist defendants in relying upon the very protections (such as abuse of process) which the report advocates.

(5) Nothing in this section limits the authority of a court to stay or dismiss a proceeding as an abuse of process or on any other ground.

(NMC application to strike out 2009 appeal as abandoned after 7 years and as an abuse of process; application refused; Marc Beaumont's amendment allowed).

Further, it is clear that PHA 1997 proceedings will not be liable to be struck out as an abuse of process offending the principle that generally a claimant must present all their case in one go and will be prevented from presenting claims later on that could have been presented in the earlier proceedings (Henderson v Henderson (1843) 3 Hare 100, [1843 - 60] All ER Rep 378).

Surely this would be viewed as an abuse of process.

RT @crimlacy: #ONCA Crown decision to proceed by Indictment vs. Summarily not open to challenge as abuse of process: https://t.co/ewMiTLbN…

He stayed Father Hart's action as an abuse of process.

It was trite law that a prosecution could be stayed as an abuse of process if state agents had lured a person into committing a crime: R v Looseley, A-G's Reference (No 3 of 2000)[2001] 4 All ER 897.

He has turned an arbitration over his termination during the probationary period of his employment in 1999 into a legal battle that apparently continues today, including allegations of bias against members of the BC Labour Relations Board (which were noted as being without merit), a Statement of Claim against the BC Attorney General (and others) which was dismissed as an abuse of process, and the attempted swearing of two informations against a vice chair of the BC LRB (which the court found there was no evidence to support).

In another decision (2014 ONCA 608, dismissing appeal from 2014 ONSC 1300), the Court of Appeal agreed that the plaintiff's action against a criminal lawyer should be struck out as an abuse of process.

Could the Court be persuaded to stay the prosecution as an abuse of process?

[5] Therefore, a Court is only likely to refuse a summons, or to stay a private prosecution as an abuse of process, where its conscience is offended by the private prosecutor's motives.

As to why the proceedings were filed in Texas rather than in the libel - suit - friendly United Kingdom, they said that «any action brought against the BMJ and Mr. Deer in London would have been immediately vulnerable to being struck out as an abuse of process.»

Not exact matches

In my view, it is an abuse of process, as that phrase is used in this setting, for Burnaby to be seeking here the relief it failed to obtain at the NEB and in the Federal Court of Appeal.

In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to Cardholders, (ii) submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent card transaction, or (v) use your Merchant Account or the Service in a manner that Visa, MasterCard, American Express, Discover or any other Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network rules.

«The IRS offers no explanation as to how the IRS can legitimately use most of these millions of records on hundreds of thousands of users; instead, it claims that as long as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the Court must find that the Summons does not involve an abuse of process.

The premise of the Nunes memo is that the FBI and DOJ corruptly sought a FISA warrant on a former Trump campaign foreign policy adviser, Carter Page, and deliberately misled the court as part of a systematic abuse of the FISA process.

For some victims, forgiveness will be an ongoing process as they heal from the wounds of abuse.

your understanding of the change process is very simplistic, because your mind is not open, you specifically believe already in the traditional doctrines, Dogmas as shown in thousands of years of history evolves, and the need for input variables, meaning the diversity of religious belief is necessay because nature through his will is requiring this to happen, we are being educated by God in the events of history.In the past when there was no humans yet Gods will is directly manifisted in nature, with our coming and education through history, we gradually takes the responsibilty of implementing the will.Your complaint on your perception of abuse is just part of the complex process of educating us through experience.

«In the handful of instances during the John Paul years in which local bishops tried to formally expel abusers from the priesthood, in a process known as laicization, the Vatican often urged caution — not to excuse abuse, but to defend the priesthood.».

Even though alcoholism ranks as one of the country's three major health problems, along with cancer and heart disease; even though it accounts for approximately 98,000 deaths every year; even though it is the root cause of most pastoral - care crises (suicides, auto fatalities, child abuse, divorces, hospital admissions, accidental deaths and home violence); even though it costs the nation $ 120 billion annually in terms of lost work time, health and welfare benefits, property damage, medical expenses, insurance and lost wages; and even though its effects impair the educational process of every child in every classroom, still the church acts as though alcoholism does not exist.

Secular anti-Catholic opposition may be exemplified by USA Today [http://cont.ent.usatoday.com/communities/Religion/post/ 2011 / 01 / saint - pope - john - paul - sex - abuse - crisis / 1], which contemptuously characterised the process of canonisation itself as being a recognition, in the words of one Cathy Lynn Grossman, «that someone who has lived a life of exemplary holiness is now in heaven, whispering on humans» behalf in the ear of a miracle - working God».

It would be easy to dismiss the naked experimentation as exhibitionism, but I'm sure some riders may have been struggling with their body image or health concerns; for some it may have been a healing process from being bullied, targeted, or abused; and perhaps others simply wanted to walk through the wall of a conventional boundary.

Reactive Attachment Disorder (RAD) is usually the result of a disruption of or trauma to the attachment process such as a history of physical or sexual abuse, neglect and / or frequent change in caregivers within the first three years of a child's life.

But children can also develop sensory processing difficulties from sensory deprivation experienced early in life, especially those in the foster care system, those who've been adopted, and those who've experienced a traumatic early childhood such as in cases of overt abuse or neglect.

But while the voting process itself has been described as fair by most international observers, the political campaign and the actual counting of the votes — no doubt the most important part of the democratic election process — has been characterized by the abuse of power, the excessive role of money, extraordinary events such as power cuts in the polling stations, fights between party representatives, accusations of fraud and scandals in denying observers access to polling stations.

Or that the creed of a governor installed by law, on due process, is to push for self - help, over and above due process, using his exalted office as abused collateral?

The Post exposed the abuse as Mayor Bill de Blasio is in the process of trying to crack down on the misuse of city - issued parking placards.

It goes without saying that Conservatives in Westminster will fight Labour every step of the way as the legislation passes through both Houses and let us be in no doubt, Labour are going to have a very difficult time, as it is a huge abuse of process to ram nakedly political legislation through Parliament so close to an election.

CISLAC calls on the relevant Committees of the NASS to be more proactive in the exercise of her oversight responsibility over the processes and agencies in the Ministry of Petroleum Resources, so as to prevent the recurrences of such abuses.

The complainants (who at the moment will remain anonymous) even alleged that they was willing to go to News 12 and the Journal News to expose the actions of Mr. Lafayette concerning the process to challenge the signatures, fraudulently having people on Democratic voter rolls and abusing his absolute power over the voting process as Westchester democratic chairman, Mount Vernon City Committee Chairman and Westchester County Democratic Commissioner of Elections which they felt was illegal in nature and the DA's office was against the complainants going public with their complaints.

Describing the suit as abuse of court process, Justice Ademola said «It is the view of the court that the case constitutes an abuse of court process.

«An appeal I have to make is that it is necessary for all levels of government to maintain some level of respect and civility one to the other, and as we start now the process of reconstructing relationships and consultations, there should be what I will call a ceasefire in terms of the kind of abuse that is used all round on one institution of government or the other, even principal parties of these institutions..

Moving the applications on Friday, Ogungbeje described the new charges as an abuse of court processes, contending that some of the counts bordering on kidnapping were merely a duplication of the ones filed before Justice Oshodi in Ikeja.

But in a statement from the Nigerian Wailers signed by its Deputy National Publicity Secretary, Mr Fasipe Oluyemi, the group has called on the good people of Nigeria to come out en mass for a protest (#OccupyCBN) to stop this impunity of the Fraudulent Forex Trading, Round Tripping and racketeering going on in the Central Bank of Nigeria aided by its Governor, Mr. Godwin Emefiele and bring to an end the Manipulation of Forex, illegally funding Federal Government budget, short - changing the Money Deposit Bank's reserve ratio at the expense of the Masses as the abuse of internal process.

In his words, «The wide acceptance of NYSC Scheme both at the national and international levels is borne out by the noteworthy contribution of Corps members to such exercises as the electoral process, the effective nationwide campaign against HIV / AIDs, Road accidents, Drug Abuse, Human Trafficking, Corruption, Illiteracy and the implementation of various aspects of the SDGs programme.

He said, «My appeal is that as we start now the process of reconstructing relationships and consultations, there should be what I will call a ceasefire in terms of the kind of abuse that is used all round on one institution of government or the other, even principal parties of these institutions.»

Idigbe, while describing the application that led to the seizure of Nwaoboshi's house as an abuse of court processes, accused the EFCC of suppressing material facts before Justice Anka.

He described the application leading to the interim forfeiture order as an abuse of court processes, contending that Justice Anka ought not to have made the order because, according to him, the judge did not have jurisdiction to entertain the case.

He described the various judgements given by different courts of coordinate jurisdiction as an abuse of court processes, even as he annulled the National Convention held on May 21, 2016.

The Interior ministry director presented a copy of the judgment by Obiozor, who described the case as «an abuse of court process» and struck it out.