Sentences with phrase «civil proceedings between»

Not exact matches

The High Court concluded that «in civil penalty proceedings, courts are not precluded from considering and, if appropriate, imposing penalties that are agreed between the parties» (quote taken from judgment summary).

In the article, Grace, a partner with Lerners LLP, says accusations of criminal sexual assault are typically also actionable in civil court, which means there's often an overlap between proceedings.

[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»].

It is interesting to note that there was little differentiation between the standard of proof in criminal and civil proceedings until the 19th century.

What IA 2005 does not do, however, is to grapple with the difficult interplay between such inquiries — which, by virtue of IA 2005, can have many of the features of legal proceedings — and other civil and criminal proceedings that are contemplated or already on foot.

Under the applicable procedural rules in Switzerland, investigators or the court may neither ask for documents that relate to the professional legal representation of a party or of a third person in civil proceedings nor for correspondence between an accused person and the defence lawyer in criminal proceedings.

A report which is admissible as evidence, may still not be permitted if the court considers it is not required to resolve the proceedings; though the basis for it being required is by different criteria as between mainstream civil and family proceedings (as will be explained).

In relation to permission it looks at the criterion by which the court is guided in deciding whether to allow the report in; and briefly compares the difference — if there is one — between deciding to permit putting in a report in mainstream civil, and in family, proceedings.

What kind of relationships do you have with opposing counsel — and is there a difference between civil and criminal proceedings?

Section 21 (1) provided: «In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Act, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require.»

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Sexual abuse lawyer Elizabeth Grace reviews the differences between civil and criminal proceedings for victims of sexual assault.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

The logic applied just as much to administrative proceedings: «Holding parties who receive the Record under an implied obligation not to use information in it for a collateral purpose promotes the public interest in obtaining full disclosure of [relevant] material..., just as this promise of confidentiality supports the obligation of complete disclosure between parties in civil actions» (at para. 37).

But, Bielby J.A. acknowledged (at para. 39), the analogy between administrative proceedings and disclosure in civil litigation could not be pushed too far:

It can take between 18 and 24 weeks to secure the dissolution of a civil partnership, depending upon the court in which the proceedings are issued and the availability of court time.

Coulson J reviewed the relevant case law and took the view that the prosecution of civil proceedings must, at the very least, involve the taking of certain procedural steps between the issue of the claim form and the handing down of judgment, with the service of the claim form and the particulars of claim being the most important.

There are many differences between criminal proceedings and a civil lawsuit.

«Is it right that parties in civil proceedings, many of whom will not have money to spare, should subsidise proceedings between divorcing couples, still less proceedings for the protection of children?

Though commonly mediation is an optional method of resolving disputes between litigious parties, in Hong Kong, attending mediation is highly encouraged in most civil proceedings.

The civil nature of professional regulatory processes: Similarities between criminal and professional regulatory proceedings seem to result in perennial assertions by registrants about the allegedly criminal or quasi-criminal nature of disciplinary hearings.