Sentences with phrase «civil proceedings does»

The courts have also held that allegations of dishonesty in civil proceedings do not require the criminal standard: see eg, Dadourian Group International inc v Sims [2009] 1 Lloyd's Rep 601 an action for the tort of deceit; and Wanjiku v Secretary of State for the Home Department [2011] EWCA Civ 264, concerning automatic refusal of leave to enter or remain in the UK where «false representations» have been made.

Not exact matches

In separate (brief) reasons for judgment, Justice Gageler agreed with the conclusion in the majority reasons that Barbaro does not apply to civil penalty proceedings and joined in the proposed orders.

The High Court unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.»

That constitutional right, however, is not granted to undocumented immigrants whose cases are typically handled in civil, not criminal, court and who often do not have access to free counseling to help navigate immigration proceedings.

We would encourage the Multimedia group to also commence civil proceedings against both Hajia Fati and the NPP, and to leave no stone unturned in ensuring that justice is done in this matter

If they do, these legal proceedings will be civil rather than criminal, and will have nothing to do with the police or the possibility of jail.

The «continuing professional development» programs (CPD and CLE programs) that lawyers must take every year don't provide such knowledge and information, and therefore, nor do electronic discovery in civil proceedings and the disclosure that the Crown is required to provide to accused persons in criminal proceedings.

Aside from the fact that the «fine» was imposed in separate «criminal» proceedings which were based on allegations of adultery, the roughly translated documents from the civil action do not indicate that the Taiwanese courts have dealt with property issues at all.

The Court did, however, imply that claims for compensation that do not involve a straightforward causation analysis may not be appropriate for the summary nature of civil contempt proceedings.

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.

The second sentence of Recital 11 clearly states that the reference to criminal proceedings in Articles 1 and 2 of the Directive do not cover civil or administrative proceedings, even where administrative proceedings would lead to the imposition of sanctions, for example in the context of competition or tax law.

I think that most people in this country have, at one point or another, seen Law and Order or some show like it, and they've seen someone be told, «If you are indigent, if you can not afford a lawyer, one will be provided to you at state expense,» and they don't necessarily understand that, that only applies to criminal proceedings, not civil ones.

After that the court still has the power (and duty: FPR 2010 r 1.4 (2)(e)-RRB- to control the calling of evidence by deciding whether or not to give permission; and in so doing the case management judge must decide whether the evidence is «reasonably required» to resolve issues before the court (civil proceedings generally: CPR 1998 r 35.1), or in the case of family proceedings whether it is «necessary to resolve the proceedings» (Children and Families Act 2014, s 13 (6)(children proceedings); FPR 2010 r 25.4 (3)(other family proceedings)-RRB-.

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

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»:

Just when most magistrates» legal advisers had cracked the question of what type of proceedings are child support proceedings in their court (they are not «family proceedings» because they are not listed in MCA 1980 s 65 (1) among those statutes which do give rise to «family proceedings»); just when the more alert had resolved that they are therefore civil proceedings, heard in open court and by the procedure set out in MCA 1980, s 53 and under the appropriate non-family procedural rules; along comes s 111A (5).

[92] I therefore find that Mr. Bruce was entitled to seek compensation by way of grievance and arbitration under the 2014 Collective Agreement for the matters raised in his notice of civil claim in these proceedings and had he done so, could have obtained a meaningful remedy for those complaints.

You should also be aware that Civil Partnership Dissolution differs to Divorce proceedings, as it does not deal with financial matters and a separate Court order application will be required.

That is not to say that in principle Judicial Review proceedings could never determine a civil law claim, however in this case the Judicial Review proceedings had not in fact done so.

The Court found that the decision in the Judicial Review proceedings did not determine any civil law claim for damages and consequently the SFO was not precluded from disputing liability for trespass.

Doing so will not necessarily constitute a general waiver of any privilege in those documents for the purposes of subsequent civil proceedings (particularly if it is made clear that this is done on a limited basis), although it may lead to adverse consequences, as the company will lose a degree of control over the information in the documents.

does not accept the premise that closed material procedures (CMPs) should be more widely available in civil proceedings... does not accept that the increased use and training of Special Advocates can address the inherent disadvantages to claimants that the increased use of CMPs would inevitably involve.»

A number of other civil proceedings for the Goderich area and Huron County are also heard here, although they don't have the same high profile media stature as the Truscott Trial.

Date — Bah JSC in this case stated that: «what is intended to be covered by Order 81 are irregularities, short of situations of want of jurisdiction or infringements of statutes other than the High Court Rules... thus, whilst Order 81 rule 1 treats non compliance with the Rules as not nullifying the non - complying proceedings, the rule DOES NOT apply to non — compliance which is so fundamental as to go to Jurisdiction, or which is in breach of a Statute other than the civil procedure rules; breach of the Constitution; or the breach of the rules of natural justice.»

«The jury did not find their defense believable and felt it did not offer a good faith defense,» said attorney James Bedortha, who represented the family of James Parrot in the two - week long civil proceedings against Ferro Engineering Div.

The Court of Appeal (Civil Division) does not have jurisdiction following an unsuccessful application to the Divisional Court in matters relating to the Extradition Act 2003, since extradition matters are criminal proceedings.

The rules of practice and procedure, in civil matters, of the court in which proceedings are commenced by way of application apply to those proceedings, but where those rules do not provide for the proceedings to be heard and determined without delay and in a summary way, the court may give such directions as it considers necessary in order to so provide.

Accordingly, a restitution order does not operate as res judicata to the institution of civil proceedings for incurred damages.

Does their role in the civil proceedings (witness, defendant, etc.) affect the answer?

So, what does the Cohabitation Rights Bill have to do with the current law on spousal / civil partner proceedings?

Section 653 does not spell out any procedure for resolving a dispute as to quantum; its process is, ex facie, summary but I do not think that it precludes an inquiry by the trial judge to establish the amount of compensation, so long as this can be done expeditiously and without turning the sentencing proceedings into the equivalent of a civil trial or into a reference in a civil proceeding.

Non-derogating control order proceedings under the Prevention of Terrorism Act 2005 (PTA 2005) do not involve the determination of a criminal charge for the purposes of the European Convention on Human Rights (the Convention), Art 6 (1) but the standard may be equivalently high under the civil limb of Art 6 (1).

All I can say is based upon past experience, I don't think investors can rely upon law enforcement in this country acting any time soon and so we're going to have to do whatever we can in civil proceedings to come to some kind of remedy.»

If you have been found to do so, Company may bring Civil and / or Criminal action and / or legal proceedings against you which shall be entirely at your costs and consequences.

If you or your ex-partner (husband, wife or civil partner) decides to start divorce or dissolution proceedings outside of the country you currently live in, what you do next will depend on whether they start:

Licensees shall also understand the civil rights of parties in legal proceedings in which they participate, and manage their professional conduct in a manner that does not diminish or threaten those rights.

(2) The captain, owner or charterer of an aircraft or vessel, or the agent of the owner of an aircraft or vessel, is not liable in any civil or criminal proceedings in respect of anything done in good faith for the purpose of complying with section 65ZA or 65ZB.

301 («In all civil actions and proceedings... a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of risk of nonpersuasion.»)