Sentences with phrase «breach of confidence by»

Not exact matches

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
Labour's Commons motion on whether Jeremy Hunt should be investigated for breaching the Ministerial Code in his handling of the BSkyB bid has been rejected - the Government won the vote of confidence in Hunt by 290 to 252.
And as Butterworth tweeted to his followers: «If u get excited by unreviewed results leaked in breach of confidence you'll have a distracting few months.»
It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the contract).
If not, was it nevertheless a part of a course of conduct comprising several acts and omissions which, viewed cumulatively, amounted to a repudiatory breach of the employee's contract by showing that all trust and confidence had been destroyed?
A breach commonly relied by claimants is a breach of the implied term of trust and confidence.
A person who wished to prevent disclosure of genuinely confidential information, either by the SFO or by a person SFO had disclosed documents to, would need to rely on judicial review proceedings or seek an injunction to prevent a breach of confidence.
The High Court has held that a university's refusal to allow a professor to be accompanied by a representative of a professional defence organisation at a disciplinary investigation meeting amounted to a breach of the implied term of trust and confidence.
Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 million contract.
Most employers» disciplinary procedures are not contractual, and therefore a failure to follow them does not, generally speaking, constitute a breach of contract (unless the employee can show that the failure was a breach of the implied duty of trust and confidence owed by the employer).
Miller goes on to add some other activities which, in his view, constitute criminal contempt: obstructing persons officially connected with the court or its process, interference with persons under the special protective jurisdiction of the court, breach of duty by persons officially connected with the court or its process, forging, altering or abusing the process of the court, divulging the confidences of the jury room, preventing access by the public to courts of law, service of process in the precinct of the court, and disclosing the identity of witnesses.
The claimants contended that Dr Cave's communications with the public and with their employees were defamatory, and in breach of confidence, and that they were thereby entitled to stop him, before any trial, by relying on the statutory tort of harassment.
The three cases involve five different alleged wrongs, raising possible causes of action for economic loss: inducing breach of contract (Mainstream), causing loss by unlawful means (Zeta - Jones) interference with contractual relations (OBG); breach of confidence (Zeta - Jones) and conversion (OBG).
In finding this conduct to be tortious the court concluded that the torts of Breach of Confidence, Intentional Infliction of Mental Distress and Invasion of Privacy were all made out by such behavior.
Some argued a new tort was not necessary as many aspects of privacy were already protected by other causes of action like breach of confidence, defamation, breach of copyright, nuisance, and various property rights.
In extreme cases, the employee may engage in a breach of confidence, sabotage, or theft of trade secrets by the employee.
John initiated claims in misuse of private information, breach of confidence and defamation (in addition to claims for data protection breaches and conspiracy to cause loss by unlawful means).
Projects are led by specialist lawyers who are experienced at handling disputes and who understand how to effectively use the laws of defamation, reputation management, breach of confidence and privacy to your advantage.
Ewing v Times Newspapers 2010 S.L.T. 1093: resistance to appeal against finding of caution in claim for defamation and breach of confidence raised by a pursuer who had been declared vexatious in England and Wales.
In Eastwood v Magnox Electric plc [2004] UKHL 35, [2004] 3 All ER 991, the House of Lords seized upon the opportunity to recognise the validity of a claim for stress - related injury alleged to have been caused by a campaign on the part of an employer to demoralise the claimants before dismissing them in breach of duty of trust and confidence.
That is why, in Mahmud's case itself, damages were recoverable for financial loss flowing from damage to reputation caused by a breach of the implied term of trust and confidence
Claims for threatened breaches of confidence and fiduciary duty by a senior employee and an injunction to restrain a conflict of interest in a US$ 15 - million contract.
The allegations in the Statement of Claim brought by JG (apparently wrongful termination arising from breach of confidence and defamation) may not be covered by the grievance procedure in his collective agreement; hence the law firm may be justified in pursuing a separate action and well within the «limits of legality».
Finally, the appellant argued that she could recover damages for the Trust's breach of contract comprising its breach of confidence and trust by inducing her to sign the agreement by misleading her into a belief that the agreement had all necessary approvals from the Department of Health, the auditors and the Strategic Health Authority.
For good measure, Laws LJ added that, if wrong on this, he would have found for the claimant on her secondary claim of unjust enrichment by the trust and, although expressing no firm conclusion, seemed to give a favourable view to a possible third ground of breach of trust and confidence by the trust in assuring the claimant that the payment she was agreeing to had been lawfully determined.
For section 41 to apply: (i) the information must be confidential; (ii) the information must be obtained by the public authority from any other person; and (iii) disclosure of the information by the public authority must constitute an actionable breach of confidence.
The appellant commenced an action against the respondent alleging breach of confidence and breach of the Privacy Act, R.S.B.C. 1996, c. 373, by the respondent.
If recommendation 4 is not accepted, the Commission recommends that proposed ss 94E (1), 94G and 94N in item 35 of Schedule 1 to the Bill should be amended to include rights to apply to the court objecting to demands by the mediator on such grounds as legal professional privilege, prejudice to the party's claim or breach of confidence.
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