The Court stated that a non-party who is funding litigation can be liable for costs as the real litigant if they have put forward an insolvent party as a «man of straw» to
avoid liability for costs or if the non-party has promoted the litigation improperly so as to be liable for the tort of maintenance.
Under this test, the proper inquiry is whether the intention, purpose or motive of the non-party in putting the named party forward was to
avoid liability for costs.
The original intention was to run the case as a small claim, which would have
avoided any liability for costs in the event of a loss, but this became impossible when the bank decided to play hard ball and got the case transferred to the multi-track.
Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance,
cost, and revenue under our contracts, including our ability to achieve certain
cost reductions with respect to the B787 program; 4) margin pressures and the potential
for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the
cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences
for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals
for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand
for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to
avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price
for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the
cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate
for our additional capital needs or
for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product
liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other
cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while
avoiding any unexpected
costs, charges, expenses, adverse changes to business relationships and other business disruptions
for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
«Forcing the employer to incorporate the full
cost of employment, including the
cost of injury or disease precipitated by a workplace that is designed
for sitting
for the majority of the day, will incentivize employers to change their workplace design as necessary in order to
avoid liability,» said Pedersen.
Liability coverage generally includes defense costs, as well, and most policies pay those without regard to the policy limits because it's in the best interest of you, the company, and other policyholders to prove the liability claim before paying it, in order to avoid large settlements for false or frivolou
Liability coverage generally includes defense
costs, as well, and most policies pay those without regard to the policy limits because it's in the best interest of you, the company, and other policyholders to prove the
liability claim before paying it, in order to avoid large settlements for false or frivolou
liability claim before paying it, in order to
avoid large settlements
for false or frivolous claims.
In the Sturmer case, a case challenging a local option by - law, the court upheld Chancellor Boyd's order
for costs against non-parties who were found to have put up «a man of straw» in whose name the litigation would be carried on so as to
avoid anticipated
liability for costs upon dismissal of the action.
Following Moore Blatch's instruction, we invited the GP to admit
liability and
avoid the
cost of further investigation into the treatment provided, but the GP's medical defence organisation insisted upon a full Letter of Claim based upon independent expert evidence being provided
for them to consider.
Whilst companies may not be able to
avoid their ultimate
liability to pay VAT, it is a matter
for commercial negotiation as to who should bear that
cost.
Do you want to
avoid costly courtroom battles, shield your children from your divorce, or keep
costs down but still obtain a thorough determination of assets and
liabilities for a fair division?
Employers must have sighed with collective relief at this relatively low -
cost «get out of jail free card» means of
avoiding liability for stress claims.
Had the plaintiffs accepted it, they would have saved $ 26,000 that they will now lose, they would have received $ 40,000 that they will not now get, they would have saved the time and expense of many days of trial, and they would have
avoided all their additional
liability for costs.
For example, if a driver swerved to avoid an obstacle in the road and hit a parked car, the driver's Property Damage Liability insurance will cover the repair and body work costs for the parked c
For example, if a driver swerved to
avoid an obstacle in the road and hit a parked car, the driver's Property Damage
Liability insurance will cover the repair and body work
costs for the parked c
for the parked car.
Canadian commercials get interesting The Co-operators offers sharia - compliant coverage Killer robots»
liability issues Restoring damaged artwork Finding insurance
for a food truck Insurer argues smoke from fire is pollution to
avoid payout Basic coverage on construction projects leaves a lot exposed The right coverage
for roofing projects Editorial: The age of autonomous cars is full of opportunity Replacement
cost estimates in California
Having to pay
for things like legal fees or damages could really mess up your financial situation, but having
liability coverage is a great way
for you to
avoid having to pay
for these
costs on your own.
TX tenants can
avoid paying
for these kinds of legal
costs from their own pocket by purchasing a renters insurance plan that will give them the right amount of
liability protection.
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The benefits of background screening are well - documented and the
cost associated with these background checks is a small price to pay
for the opportunity to make better hiring decisions that protect your brand, decrease turnover,
avoid liability, and much more.
The reward is that you
avoid loan
costs, personal
liability for the note, and can conserve your cash.