Sentences with phrase «civil judgments under»

Not exact matches

The deterrent effect of the available monetary sanctions under agent liability probably exceeds the deterrent effect of enterprise liability because a civil judgment against an agent hurts his reputation more than does a sanction imposed by the firm in private.

Any civil obligation that can be reduced to a money judgment falls under this category.

a) Disputes filed - 18 months b) Inquiries - 2 years c) Payment profile -5 years d) Information related to a consumers payment behavior such as slow payer, defaulted or absconded - 1 year e) Information relating to the action that a credit provider has taken against a consumer to enforce a debt such as handed over, legal action or write - off - 2 years f) Debt restructuring - Until a clearance certificate is given g) Civil court judgments - 5 years or until the court removes it h) Administration orders (orders to put a consumer under administration)- 10 years or until the court removes it i) Sequestrations (order given by the court where the consumer is insolvent)- 10 years or until the court removes it j) Liquidations (order given by the court where the consumer is insolvent)- no time limit k) Court order removing a liquidation or sequestrations after all the debt was paid - 5 years l) Other information (information not covered above)- 2 years Other Useful Topics Learn how to dispute information on your credit report in South Africa.

(3) Any creditor licensed under this chapter adjudged after May 20, 1996 by a court of competent jurisdiction in any civil action to be in deliberate violation of or in reckless disregard for this chapter shall within 10 days of such adjudication forward a copy of the judgment to the administrator.

However, some liens and nearly all civil judgments are no longer included in consumers» credit reports under new rules that took effect in July 2017.

6 percent of FICO scores to change under new credit rules — The credit bureaus will remove all civil judgment and most tax lien data from credit files starting July 1... (See FICO)

In virtually all cases we have examined, internal reviews of dog shootings have ruled them to be justifiable under existing policies, even though several cases have resulted in substantial civil judgments against police departments for wrongful destruction.

Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».

As the Bill stands there will be many more areas for exercise of discretion by C - MEC and the decision - making process is likely to be under frequent challenge: circumstances for value judgment by civil servants are rife.

He also cited the need to uphold the Lugano Convention (the equivalent of the Brussels convention on jurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and Judgments Act 1982.

Once judgment is obtained the team advises and takes action in relation to enforcement, using remedies under the Civil Procedure Rules or the Insolvency Act as appropriate.

And while perpetrators may look to bankruptcy as a way to escape the financial obligations of a civil judgment against them, Grace points out that the federal Bankruptcy and Insolvency Act exempts civil damages arising out of sexual assaults from the debts released by a discharge under the Act.

And while the collectibility of the $ 40 million judgment against Cerillo may be questioned (perhaps the family will never see ALL this money, though they will see some — hopefully), this case is a great example of how crime victims may seek justice through Florida civil law and damages under Florida injury and wrongful death statutes.

The Supreme Court of Canada recently clarified how motion judges should exercise their fact - finding and summary judgment powers under rule 20.04 (2.1) and (2.2) of the Rules of Civil Procedure.

Caroline is instructed in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance; enforcement of foreign judgments; mortgage fraud and claims concerning undue influence.

The matter is a key one for lawyers in the province, who have been eager to see just how the courts will deal with changes to the wording related to summary judgment under the revised Rules of Civil Procedure.

The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).

Where proceedings have been taken to the point of judgment against a person who was not the correct defendant, that person might recover by way of contribution or indemnity, under s 1 of the Civil Liability (Contribution) Act 1978, against the person who should have been the defendant.

This provision was first interpreted in Bier v Mines de potasse d'Alsace (then still under the pre-predecessor of the Regulation, the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters).

The Supreme Court disagreed, holding that when a plaintiff sues under Section 1278.5 and claims that his or her staff privileges have been terminated in retaliation for reporting patient safety concerns, that plaintiff can pursue civil remedies immediately without first obtaining a mandamus judgment in his or her favor to overturn the hospital's administrative decision.

While the United States has not entered into any treaties for the recognition of foreign court judgments in civil actions, private civil litigants may seek to register final U.S. court decisions with foreign courts through exequatur proceedings under the law of the foreign jurisdiction.

[2] The Plaintiff here moves for summary judgment under Rule 20 of the Rules of Civil Procedure.

Among other things: successfully obtaining the continuation of a US $ 2 billion freezing order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment motion, with the trial judge later awarding County fees under Code of Civil Procedure section 1038, which allows trial courts to award public entities the attorney's fees they incur for «unmeritorious and frivolous» lawsuits if the action was not brought in good faith and with reasonable cause.

The arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»

92 JoEllen Lind, supra note 89, at 769 — 70 (citing 11 states rejecting all or part of the summary judgment standard articulated by the United States Supreme Court under Federal Rule Civil Procedure 56, and noting that differing state and federal summary judgment standards «make it much more likely that a defendant in federal court will obtain summary judgment than a defendant in state court»); J. Palmer Lockard, Summary Judgment in Pennsylvania: Time for Another Look at Credibility, 35 Duq.

Re «Sharjah Pride» and «Sea Lion» [2012] EWHC 3628 (Comm): worldwide freezing and disclosure orders obtained on behalf of RBS under section 25 Civil Jurisdiction and Judgments Act 1982 in support of proceedings in Sharjah in a case that will become the leading decision on the links to the jurisdiction which must be shown to justify section 25 relief.

When a foreign judgment applies the Taiwanese laws, the court will recognise and enforce it except in certain situations as provided under Article 402 of the Taiwan Code of Civil Procedure.

All Scottish and Northern Irish judgments, granting both monetary and non-monetary relief (including injunctive relief and declarations) are recognisable and enforceable in England and Wales under the Civil Jurisdiction and Judgments judgments, granting both monetary and non-monetary relief (including injunctive relief and declarations) are recognisable and enforceable in England and Wales under the Civil Jurisdiction and Judgments Judgments Act 1982.

A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»

Section 13 of the Civil Procedure Code (1908)(«CPC») provides that a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties, or between parties under whom they or any of them claim, litigating under the same title, except:

Under Rule 20.04 (2 (a) of the Rules of Civil Procedure, the Court shall grant summary judgment if it is satisfied that there is no genuine issue requiring a trial.

In particular, and without prejudice to paragraph 3, no special procedure shall be required for updating the civil - status records of a Member State on the basis of a judgment relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State.

Tenant must have felt pretty good after winning $ 49,500 in attorney's fees under Civil Code section 1717 after Landlords voluntarily dismissed with prejudice a mixed contract / tort case after Tenant filed a summary judgment claiming that he was not a party to a leasing agreement and that his signature was forged on the document.

While Lord Nicholls's judgment in Majrowski still provides, perhaps, the best description of conduct amounting to civil harassment the author suggests that the reference, in the last phrase of that quote, to criminal liability under s 2 is simply as a reminder that the impugned conduct must be serious.

Lord Justice Jacob's judgment in Ferguson dispenses with the notion that the scope of civil liability under PHA 1997 is restricted by the existence of parallel criminal liability.

The case was before the advent of the Civil Procedure Rules 1998 and the judge granted summary judgment under RSC Ord 14 and injunctions to prevent the use of the domain names by the defendants.

Although the legislative frameworks under which ET fees and civil court fees are charged differ, due to the similarities in real - world impact, and the extent to which the Unison judgment rests on general principles rather than provisions specific to the ET, questions must be asked as to whether this judgment should trigger challenges to civil court fees.

According to that Supreme Court opinion, when Haden failed to supersede the judgment against him and his business on Sacks» breach - of - contract claim, Sacks and the firm incurred considerable expense to secure a turnover order under Texas Civil Practice & Remedies Code § 31.002 (e), have a receiver appointed to prevent prejudgment transfer of Haden's assets and seek dismissal of Haden's bankruptcy filings.

Plaintiff obtained a default judgment of $ 25,000, plus $ 144,103 in attorney's fees under Civil Code section 3426.4 (a fee shifting statutory provision applicable in trade secret cases), and $ 16,497 in costs.

I then had the idea of writing this paper to clarify his «wrongness», only to discover that, in fact, he may have been on the front line of a growing line of authority that has quietly been percolating under the radar, and which appears to be evolving into a resurgence of the concept of «debtor prison» as a tool for execution on civil judgments.

The issue before the Court of Appeal in Phillips was whether the English court or the Swiss court, in which proceedings had also been issued by the opposing party, had first become «seised of the matter» under Art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988.

Re «Sharjah Pride» and «Sea Lion» [2012] EWHC 3628 (Comm)- worldwide freezing and disclosure orders obtained on behalf of RBS under section 25 Civil Jurisdiction and Judgments Act 1982 in support of proceedings in Sharjah in a case that will become the leading decision on the links to the jurisdiction which must be shown to justify section 25 relief.

Signed written agreements reached in mediation are enforceable as court judgments under California Code of Civil... [Read More...]