Sentences with phrase «case gave rise to a claim»

Not exact matches

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

In his latest blog, View from the President's Chambers, Munby P said only a minority of divorces give rise to a money claim, and the concentration of divorce cases in a limited number of regional divorce centres was putting the administration of ancillary relief under «unnecessary and avoidable strains».

The case gave rise to complex issues concerning the scope of defences to a claim for rescission.

With respect to the second remedy (i.e. to reduce the fine), the CJEU referred to the case Baustahlgewebe, in which it had granted such an application for reasons of economy of procedure (para 91), and the case Der Grüne Punkt, in which the CJEU held that the failure to adjudicate within a reasonable time could give rise to a claim for damages (para 92).

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

During pupillage, Zac gained extensive experience on leading competition cases, including Sky v Ofcom [2015] CAT 9 (assisting David Scannell) and Speed Medical Examination Services v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling soft tissue whiplash claims on the basis (inter alia) that they gave rise to breaches of competition law (assisting Gerard Rothschild).

For example, there is the possibility that in any case a part of an original site has ceased to be used for the purposes prescribed under the original deed, so as to give rise to a reverter at that stage, with the result that any claims by or on behalf of the grantor's successors could be out of time.

More on point for most of the court cases in this area, the Committee explained that «whether an attorney has an obligation to disclose a mistake to a client will depend *** on all relevant facts, such as whether the error or omission gives rise to a colorable malpractice claim, is capable of correction or is injurious to a client.»

James is frequently instructed in cases giving rise to issues traditionally regarded as falling within the «commercial chancery» sphere, including issues relating to proprietary claims / tracing, company law, trusts and insolvency.

In addition to the aforementioned exception for cases when the injured victim was a child, there is also an exception for circumstances in which fraud was employed to conceal the injury; in those cases, the timeline is extended by 2 years, but even then, a claim can not be brought more than 7 years after the incident giving rise to the claim.

The insured claimed in each case that the insurer's letter and attached «STANDARD REPORT,» when read together, gave rise to a legal obligation to determine the «actual cash value» of the property on the basis of a replacement cost less ten percent depreciation, an amount more than that determined due by the insurer and later by a referee.

Generally, the statute of limitations for medical malpractice cases in Vermont requires that the claim be brought within three years from the date of the conduct giving rise to the claim.

In cases against New Mexico public entities, it is significant that notice of the negligence or conduct giving rise to a claim must be given to the particular public entity within ninety days or, in the case of a wrongful death, within six months.

In P&O Nedlloyd these cases were explained as cases in which the same facts gave rise to a claim — whether at law or in equity — and the same kind of relief was obtainable but it was on this basis that they were distinguished from a case involving claims in breach of contract and specific performance.

In Yeoman's Row the House of Lords had to decide whether or not the facts of the case gave rise to a successful claim by the respondent for proprietary estoppel.

«In my judgment, however, in cases under section 14A as in personal injury cases, mere ignorance that the known facts may give rise to a claim in law can not postpone the running of time under the 1980 Act.

The procedural requirements in England are set out in CPR Pt 19.10, which provides that a GLO may be made for the case management of claims giving rise to «common or related issues of fact or law».

In the instant case, the defendant was seeking to have the plaintiff release it for «any and all disputes and claims between the parties that are presently known or reasonably discoverable and which arouse out of, or in any way relate to, the dealings between the parties that gave rise to the action and the appeal.»

That case established that, where the execution of the works was facilitated by a stopping - up order made by a different compensating authority, under a different statutory scheme not incorporating CPA 1965, the stopping - up did not give rise to a claim under s 10.

This implies that, although history doesn't necessarily give credence to such a claim, the number of cases in front of the Cour du Québec's civil chamber (where lawyers are allowed) should diminish, while the amount of cases in the small claim division should rise.

In some cases, Courts have held that the Plaintiffs only «discovered» the negligence giving rise to a claim after retaining legal counsel or after legal counsel has obtained an expert opinion that a doctor's care is substandard.

In the event of an accident that may give rise to a claim on the policy the Parent / Guardian should notify AIG as soon as possible but in all cases no later than 30 days after the incident.

The case of Niruvati kamble (policy holder) whose insured dumper was stolen on 16 July 2012 gave rise to a new regulation which stated that insurance companies have to pay the claim in the delay written intimation case as well.

According to Florida case law as of the date of this article, a breach of a real estate contract can give rise to a specific performance claim (compelling the seller to sell or the buyer to buy) or a damages claim.