Sentences with phrase «assumed jurisdiction of the case»

Not exact matches

It relates to the facts of Mr Farley's own case — that he had been unable to challenge the secretary of state's jurisdiction to assume jurisdiction on his former wife's assessment.

The Indemnified Party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Party if the Indemnifying Party has assumed the defense of the action with counsel reasonably satisfactory to the Indemnified Party; provided that the fees and expenses of such counsel shall be at the expense of the Indemnifying Party if (i) the employment of such counsel has been specifically authorized in writing by the Indemnifying Party or (ii) the named parties to any such action (including any impleaded parties) include both the Indemnified Party or parties and the Indemnifying Party and, in the judgement of counsel for the Indemnified Party, it is advisable for the Indemnified Party or parties to be represented by separate counsel (in which case the Indemnifying Party shall not have the right to assume the defense of such action on behalf of the Indemnified Party or parties, it being understood, however, that the Indemnifying Party shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Party or parties.

Second, should this question be answered in the affirmative, the referring court asked the CJEU to shed light on the procedural consequences (question 4) and whether in that case the referring court can assume jurisdiction under Article 31, which requires a «real connecting link» between the subject matter of the measure sought and the territorial jurisdiction of the Member State (questions 5 and 6).

On a motion opposing the long arm jurisdiction of the Ontario court, the defendants attempted to rely on Van Breda to extend its holding beyond assuming jurisdiction to decide a case on the merits.

In addition, Pilot said that the U.K. order should not be enforced because Pilot had not been properly served with notice of the U.K. proceedings and because the U.K. court lacked a sufficiently real and substantial connection to the case to assume jurisdiction.

It replaced the House of Lords as the highest appellate court in the United Kingdom (other than for Scottish Criminal cases) in October 2009 and also assumed the devolution jurisdiction of the Judicial Committee of the Privy Council.

«(1) If it appears to a coroner that, in the case of a body lying within his district, an inquest ought to be held into the death but it is expedient that the inquest should be held by some other coroner, he may request that coroner to assume jurisdiction to hold the inquest...»

I'll comment since a practitioner will know better than I, but I would suspect that in the cases where you are suing for compensation or damages for distress or whatever (assuming that is a real claim), you would submit the complaint stating that there, in fact, was emotional distress (or whatever the standard is under the law of your jurisdiction) and leave it at that.

If a competent lawyer would have never brought this case because of the jurisdiction issue (or would have withdrawn sooner), then Overtimer's client was hurt, as was your client (assuming you don't work for free), and the court system, which had to expend resources.

If it is impossible to establish where a child usually lives (as in the case of refugees), the EU country where the child is present automatically assumes jurisdiction.

In some cases and jurisdictions, the court assumes that relocation is not in the «best interest of the child.»

«Although appellant argues that this case presents an issue of first impression because the family court relied on «parental alienation syndrome» as a factual basis for assuming jurisdiction, we believe that petitioner properly responds that the family court's factual findings are amply supported by the record and that the term «parental alienation syndrome» is merely a way of describing appellant's actions as they related to the circumstances of this case.