Sentences with phrase «claim for relief under»

There was an alternative claim for relief under the Data Protection Act 1998 (DPA 1998).

Section 1338 (a) requires federal courts to hear cases involving claims for relief under the Patent Act, including infringement and declaratory judgment actions.

Not exact matches

Arsenal finally managed to earn some respite following weeks of negativity by claiming a 5 - 0 triumph over Lincoln in the FA Cup Quarter - Finals on Saturday and the victory would surely have been a huge relief for the players and under fire manager Arsene Wenger.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

Otherwise, only «reasonable antitrust training obligations for Apple, lasting a reasonable term» would be fair, Apple argues, claiming that «no further relief can be justified under the legal standard governing antitrust injunctions or the Constitution.»

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.

(i) ARBITRATION NOTICE: For any claim (excluding claims for injunctive or other equitable relief) under this Agreement, the party requesting relief shall resolve the dispute through binding arbitration or through small claims courFor any claim (excluding claims for injunctive or other equitable relief) under this Agreement, the party requesting relief shall resolve the dispute through binding arbitration or through small claims courfor injunctive or other equitable relief) under this Agreement, the party requesting relief shall resolve the dispute through binding arbitration or through small claims courts.

W was a bona fide purchaser for value without notice, she had given value in the form of agreeing not to pursue claims for financial relief in a term for the sums paid under the consent order.

It is important to also note that non-resident divorcing spouses can not bring claims for corollary relief (i.e. support or property division) under the Divorce Act.

As for group 2, although they received relief from the MOL, using a literal interpretation of s. 97 of the ESA, these class members had not voluntarily sought relief or filed claims under the ESA, and as a result could not be barred from any aspect of the claim.

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).

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

If, at the time of his or her death, the testator was providing financial support to a dependant, and that dependant is not adequately provided for in the testator's will, the dependant may make a claim against the estate under a dependants» relief provision (in Ontario, these are found in the Succession Law Reform Act).

When the Chaparros filed their lawsuit against Carnival arising out of their daughter's death, and also brought a claim on behalf of her brother for the intentional infliction of emotional distress, the United States District Court Judge dismissed the claim, ruling that under the federal pleading standards, the Plaintiffs had failed to properly state a claim for relief.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

JIN MAN and JIN PU (2011, Commercial Court): claim for in excess of $ 40 million under two guarantees rising issues of authority and Korean law, related anti suit relief.

When the government gave first responders relief from the statutory bar with its PTSD amendments, it included extensive transitional provisions that reached back 24 months, and allowed for the re-filing of claims under the new provisions of the legislation.

A claim for dependant's relief under Part V of the Succession Law Reform Act must be made within six months of the Certificate of Appointment (probate) being granted to the estate trustee.

Our lawyers acted for a US Investment Fund claiming US$ 250m against a European state for unfair treatment in connection with a tender for the privatised telecommunications industry under a bilateral investment treaty and related court proceedings for injunctive relief.

The Limitation Act 1980 (LA 1980), s 36 is concerned with equitable jurisdiction and remedies and takes with one hand but gives back with the other in stipulating that the time limit under numerous sections of LA 1980 «shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief» except, tantalisingly:

There are a select list of claims for which there a statutes barring employment discrimination based upon seeking relief under them (mostly federal regulatory law whistleblower protections).

The application judge accepted the argument of the respondent that the application had to be dismissed on the ground that the application was not properly brought under rule 14.05 because the request for a mandatory order was not ancillary to a claim for relief.

Instead, there are two bases of claim in the Lithuanian Civil Claim, namely (1) a claim for in personam relief under the law of unjust enrichment because there was no commercial justification for the various transactions, seeking the reversal of that unjust enrichment; and (2) a claim for a declaration that the various transfer instructions were null and void and that Snoras remains the beneficial owner of the relevant assets; this is said to be a claim for an in rem (or proprietorial) remedy.&rclaim in the Lithuanian Civil Claim, namely (1) a claim for in personam relief under the law of unjust enrichment because there was no commercial justification for the various transactions, seeking the reversal of that unjust enrichment; and (2) a claim for a declaration that the various transfer instructions were null and void and that Snoras remains the beneficial owner of the relevant assets; this is said to be a claim for an in rem (or proprietorial) remedy.&rClaim, namely (1) a claim for in personam relief under the law of unjust enrichment because there was no commercial justification for the various transactions, seeking the reversal of that unjust enrichment; and (2) a claim for a declaration that the various transfer instructions were null and void and that Snoras remains the beneficial owner of the relevant assets; this is said to be a claim for an in rem (or proprietorial) remedy.&rclaim for in personam relief under the law of unjust enrichment because there was no commercial justification for the various transactions, seeking the reversal of that unjust enrichment; and (2) a claim for a declaration that the various transfer instructions were null and void and that Snoras remains the beneficial owner of the relevant assets; this is said to be a claim for an in rem (or proprietorial) remedy.&rclaim for a declaration that the various transfer instructions were null and void and that Snoras remains the beneficial owner of the relevant assets; this is said to be a claim for an in rem (or proprietorial) remedy.&rclaim for an in rem (or proprietorial) remedy.»

The wife's request was dismissed, but the court clarified that she could be added to the civil action if she wished, for the purpose of asserting any dependent's relief claim under the Family Law Act.

Some of the more frequently overlooked (and therefore dangerous) limitation periods include: i) the limitation period set out in section 38 (3) of the Trustee Act which applies to certain claims brought by or against the estate of a deceased person; ii) the 6 month limitation period for dependent's relief claims that is set out in section 61 of the Succession Law Reform Act; and iii) the one year limitation period set out in section 259.1 of the Insurance Act, which applies to «a proceeding against an insurer under a contract in respect of loss or damage to an automobile or its contents».

The contractor disagrees and decides to seek relief under the Construction Lien Act by registering a claim - for - lien against the «owner's interest» in the premises.