Sentences with phrase «as parties to the proceedings»

Groupama joined Mr Khan as a party to the proceedings to apply for a costs order.

Given the waiting periods provided for under the facts at s1 (2)(c) to (e), and the ill - feeling generated by accusations of adultery — which can culminate in the third party being named in and added as a party to the proceedings — unreasonable behaviour is by far the most common fact relied upon.

For the same reason, he also dismissed the motion to add CCCC as a party to the proceedings.

in the situation when the ECJ was aware, that the Czech Republic as a party to the proceedings, acting through its government, which rejected the CCC's opinion, which was the object of the CJEU's assessment, it is impossible to see the CJEU's finding that the CCC's was a «third party» in the case otherwise than a violation of the principle of audiatur et altera pars».

If a person were excluded from a native title application he or she could seek to be joined as a party to the proceedings by means of an interlocutory application: s 84 (5) Native Title Act 1993 (Cth).

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

In addition, legal fees increased by $ 1.7 million primarily related to our legal proceedings and third - party consultant costs increased by $ 1.0 million as we continued to build out our general and administrative infrastructure.

As I understand that law, the general rule is that «private parties have «no right to compel the agency to hold rulemaking proceedings.»

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

Impeachment proceedings against Mugabe began earlier on Tuesday as the ruling party, Zanu - PF, attempted to remove him from office.

This was immediately followed by one Mr. Baah Acheamfour who proceeded to make a complaint to the police of the conduct of Afoko and his alleged spokesperson which he described as gross and flagrant violation of Article 3d (VIII) of the NPP's constitution under duties of a member which state that a member shall not initiate commence or prosecute any legal proceedings whatsoever against the party or any member of the party relating to party affairs without first exhausting the grievance procedure laid down in the constitution in respect of grievances against the party or any other members,» the letter said.

Nick Clegg was facing a row on Tuesday night after the Liberal Democrats decided to re-admit Lord Rennard — the man who masterminded the party's byelection victories in the 1990s — as it dropped disciplinary proceedings relating to allegations of inappropriate behaviour towards women.

• This clarification was added on 27 August 2014: An article examining whether Lord Rennard's expertise as a party strategist for the Liberal Democrats will be called upon in the forthcoming general election stated that «Rennard was readmitted to the party this week after final disciplinary proceedings relating to four women's claims of sexually inappropriate conduct were dropped».

Justice Taiwo said the action breached the governor's fundamental rights to fair hearing, as the commission did not make him a party to the proceedings for the interim freezing of the account.

At the request of either party or of the Hearing Committee, a representative of a responsible educational or other association shall be permitted to attend the proceedings as an observer.

HNC reserves the right to disclose personal information about you, including your e-mail address, for reporting to government authorities, to parties in relevant legal proceedings as authorized by the presiding court or tribunal and otherwise to the extent required or explicitly authorized by applicable law.

There is a different spin on proceedings by having these four friends venturing to Sin City for a stag party as they're all in their 60s.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

C. No information or documents obtained by the means provided in this Section shall be divulged by the United States to any person other than an authorized representative of the executive branch of the United States, except in the course of legal proceedings to which the United States is a party (including grand jury proceedings), or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law.

These risks include, among others, general economic conditions, local real estate conditions, tenant financial health, the availability of capital to finance planned growth, continued volatility and uncertainty in the credit markets and broader financial markets, property acquisitions and the timing of these acquisitions, charges for property impairments, and the outcome of legal proceedings to which the company is a party, as described in the company's filings with the Securities and Exchange Commission.

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

Court proceedings are public; nearly everything that happens in a court is public information (aside from issues of national security as decided by panels of judges and / or grand juries; or issues of safety for individuals and / or witnesses who are party to the proceedings).

Indeed, arbitration now seems to be commercial parties» first choice for dispute resolution in view of obvious benefits such as the clear policy of finality of arbitral awards, as well as confidentiality of arbitral proceedings.

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

If the paying party does not agree settlement on a provisional damages basis then the injured person would need to issue court proceedings to seek a determination by a court as to whether there will be an order for provisional damages.

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

He has significant experience representing parties in bankruptcy adversary proceedings involving objections to discharge, dischargeability of debts, fraudulent transfers, and related bankruptcy litigation, as well as in handling matters involving contract disputes, corporate disputes, business torts, real estate and foreclosure.

As part of defending a claim by Haida Nation for aboriginal title over lands in which third - persons had interests under Canadian law, British Columbia sought to stay the proceedings until either Haida Nation declared they would not disturb the tenures, permits and licences of third parties not named in this action, or it added those third parties as defendants to their actioAs part of defending a claim by Haida Nation for aboriginal title over lands in which third - persons had interests under Canadian law, British Columbia sought to stay the proceedings until either Haida Nation declared they would not disturb the tenures, permits and licences of third parties not named in this action, or it added those third parties as defendants to their actioas defendants to their action.

The initially promised affordability of the «unitary patent» and Unified Patent Court (UPC) especially for small and medium - sized enterprises (SMEs), which was repeated almost mantra - like throughout the EU legislative proceedings as one reason why the reform was of utmost importance, ultimately turned out to be pretty much the opposite, with the level of representation costs to be reimbursed by the losing to the winning party amounting to up to more than five times the sum which can currently be claimed in patent litigation proceedings before the German courts (for more details on the cost situation created by the reform, cf. the article «Unitary patent and court system — A poisoned gift for SMEs» here).

Rather, the Court agreed that the application judge, leaving the choice of dispute resolution proceedings open to the parties granted better flexibility and that a trial would not grant any material advantage as argued by the appellant.

Since relief from forfeiture is an equitable remedy, the Court must consider the proceedings and the conduct of the parties under the circumstances, and any such terms as to payment of rent, costs, expenses, damages, compensation, penalty or the granting of an injunction to restrain any similar breach in the future.

(13) A mediator - arbitrator appointed under this section shall determine the mediator - arbitrator's own procedure but shall give full opportunity to the parties to present their evidence and make their submissions, and section 116 applies to the mediator - arbitrator and the mediator - arbitrator's decision and proceedings as if it were the Board.

As a global litigation funder, Woodsford regularly receives inquiries from parties involved in Latin American - related proceedings and we expect the frequency of these inquiries to grow.

As to when the application should be made, it is not necessary to make it during the main proceedings and it is not unusual for applications to be made once a party has established that it is unable to enforce its costs order against the original party.

He went on to say that the continuing duty of full and frank disclosure of all material facts in ancillary relief proceedings included a duty to inform the other party of information that might result in a removal of uncertainty as to the value of assets or the level of future income or inform the assessment of a party's income, earning capacity or assets.

As specified in section 25 of BC's Civil Resolution Tribunal Act, the case manager would have authority not only to decide which dispute resolution methods are to be used, but also to require the parties to participate in proceedings using said methods.

In Mabon v Mabon [2005] EWCA Civ 634, [2005] Fam 366, Wall LJ stressed the need to approach questions as to a child's involvement in court proceedings from the «child's perspective» not that of the adults involved (eg judge, parties, legal representatives).

Costs will be proportionate if they bear a reasonable relationship to the sums in issue in the proceedings; the value of any non-monetary relief in issue; complexity of the litigation; additional work generated by the conduct of the paying party; and any wider factors involved in the proceedings, such as reputation (we suggest, inevitably relevant in defamation and may be relevant in some professional negligence litigation).

In so far as a case is retained at the DFC, the parties and (if they are lucky enough to have them) their legal representatives, may be cursing as they find themselves trekking some distance away instead of to their beloved deceased county court or family proceedings court close to their doorstep.

In PAP and non-PAP cases: notice of the existence of a funding arrangement should be communicated to all other parties as soon as possible; if proceedings are started for limitation reasons with bad pre-action manners, the parties should seek to agree to apply to the court for a stay while they take steps to comply; and where proceedings are started, the claimant should state in the claim form or particulars of claim whether they have complied with the PD and any relevant PAP.

As paragraph 3 of the notes states: «The purpose of the Technical Notes is to foster the development of ODR and to assist ODR administrators, ODR platforms, neutrals, and the parties to ODR proceedings».

Some provincial tribunals, such as the Ontario Energy Board, offer parties to proceedings before them comprehensive e-filing services.

Where allegations are made against the non-party at trial, consider joining the non-party as a party to the original proceedings to give him the opportunity to defend himself.

The case is thus about whether Article 1111 - 3 Code du travail is compatible with the right of workers» to information and consultation under Article 27 Charter of Fundamental Rights as implemented by Directive 2002/14: Should Mr Laboubi and the union be able to rely on EU law in legal proceedings between private parties to exclude the application of the French norm and enforce the right to information and consultation?

In proceedings to which the European Union is a co-respondent, if the Court of Justice of the European Union has not yet assessed the compatibility with the Convention rights at issue of the provision of European Union law as under paragraph 2 of this Article, sufficient time shall be afforded for the Court of Justice of the European Union to make such an assessment, and thereafter for the parties to make observations to the Court.

● It will be even more exceptional for a costs order to be made against a non-party where the applicant had a cause of action against the non-party and could have joined him as a party to the original proceedings.

«The book has proved to be a useful tool for foreign professionals acting in Swedish international arbitral proceedings; this, combined with the importance of Sweden as preferred venue for dispute resolution involving parties from CIS countries, led the SAA and SCC to work on a Russian translation of the book», said SCC Legal Counsel Natalia Petrik.

He was appointed by the British Government in 2004 to the list of Arbitrators under the ICSID Convention, and is currently sitting or has recently sat in five ICSID arbitrations as Chairman * and seven as Party - appointed Arbitrator ** (both claimant and host State), and in five ICSID annulment proceedings ***, as well as in arbitrations under the ICC, PCA, Stockholm Arbitration Institute and LCIA (sole arbitrator), and ad hoc.