Sentences with phrase «civil proceedings arising»

Returning to the Mediation Directive, Art 7 represents, no doubt, the outcome of a committee - based compromise, by seeking to impose a broadly based privilege for mediators (and others «involved in the administration of the mediation process») against being compelled to give evidence in civil proceedings arising out of or in connection with a mediation process, subject only to two very narrowly drawn exceptions, which would not appear to recognise any of the established exceptions to the without prejudice principle, save indirectly perhaps the fourth.

(c) authorising the institution of any criminal or civil proceedings arising out of the exercise of its functions.

Not exact matches

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

Chris Pamplin looks at the issues that can arise when a report written in contemplation of civil proceedings gets drawn into criminal proceedings

Consider the recent Supreme Court case of Willers v Joyce [2016] UKSC 43, [2016] All ER (D) 97 (Jul) where it was held, by a 5 - 4 majority, that there was a tort of malicious prosecution arising from malevolent civil proceedings.

For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration; collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce it.

[Draftsman turns to Mr Z: «If you are a former client of a lawyer who holds, or whose firm holds, confidential information of yours which might reasonably be expected to be material where an issue arises between you and another client of that firm, you can apply to the High Court by claim (Civil Procedure Rules 1998 Pt 8); or by application in any court proceedings in which the question arises... etc»].

We help clients in gaining approvals for transactions, domestic and international investigations, regulatory enforcement proceedings and civil and criminal litigation, authorizations and arbitration arising from breaches of applicable legal, regulatory, antitrust and compliance requirements and investigations before all financial regulatory agencies.

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).

In the development of the standard, the difficulty arose in applying the civil standard to cases with quasi-criminal elements (defence allegations of fraud or crime on the plaintiff's part), family law proceedings in the time before no - fault divorce, or matters of equity decided in the common law courts.

For example, an order of discharge does not release a bankrupt person from any debt arising from an award of damages by a court in civil proceedings stemming from «bodily harm intentionally inflicted, or sexual assault»:

By way of example, in 2008 the Serious Fraud Office (SFO) settled civil proceedings against Balfour & Beatty arising out of a construction project in Alexandria, Egypt.

Bowden is relevant not only to civil claims arising from abuse many years ago but also to other personal injury cases where the defendant's alleged tort relates to circumstances long before proceedings were issued, such as occupational illness claims.

However, one of the aspects of the peer review process, per section 8 of that statute, is that the investigations, proceedings and records of the peer review panel, a committee of a hospital board, disciplinary board, government board or agent of one of these «shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review...» In other words, if you file a medical malpractice lawsuit against a Florida doctor, the records contained in these peer review files — even if relevant — can't be compelled.

Should a potential infringement or dispute arise, we have considerable expertise in enforcing rights against counterfeiters and copiers of well - known brands, as well as experience in enforcement proceedings with the relevant ministries / government departments and the UAE civil and criminal courts.

While we must wait to see what happens with the appeal, and whether the pre-approval procedure adopted by the motions judge is confirmed or modified, criminal and civil counsel need to be cautious how they treat productions when there is a multiplicity of legal proceedings arising from the same events.

While requests for stays technically are not granted as a matter of course, courts generally will stay the civil litigation if one or more parties can demonstrate true risk of injury arising from the concurrent proceedings.

Chartered Institute of Management Accountants — acting in the conduct of substantial disciplinary proceedings against members, including cases involving charges of dishonesty arising out of adverse finding in civil proceedings.

A circuit solicitor may employ outside counsel, in his discretion, without approval of the Attorney General, for civil forfeiture proceedings arising from criminal activity or from estreatment of bail bonds.

In addition Hailsham Chambers has the capacity to advise on and act in civil claims and regulatory proceedings arising out of a cyber security breach of a firm, corporation or individual's computer system.

Civil claims (those arising from fraud or negligence) are based upon Florida common law and Florida statute; however, whether or not the controversy will be litigated in a courtroom or instead forced into arbitration proceedings under the terms of a contract will depend on the disputed issue.