Sentences with phrase «claimant alleges»

In this heart surgery medical malpractice case (Dosanjh v. Leblanc and St. Paul's Hospital, 2011 BCSC 1660) the claimant alleges suffering a stroke resulted in permanent physical and cognitive disabilities after open heart surgery to repair a hole in his heart.

The claimant alleges that as he entered the off - ramp, the front tire of his motorcycle struck the edge of a bridge deck on the ramp that was raised above the level of the pavement.

The claimant alleges that as he entered the off - ramp, the front tire of his motorcycle struck the edge... Continue reading →

The latter is the criterion in question in BoÜ / Ilsjan as both claimants allege that the non-material damage caused by defamatory information occurred in Estonia.

The claimants alleged that the Czech police had not returned certain goods and had also failed to make an itemized list of the goods as Czech law required.

The firm acted for Kenyan claimants alleging detention and torture by the British Colonial Government during the «Kenya emergency».

The claimants» claims arose from the conclusion of a single status agreement between the authority and the unions: an agreement which the claimants alleged was discriminatory.

In that case the claimant alleged that he had suffered a mental breakdown as a result of the manner in which he had been dismissed which prevented him from finding another job.

l The claimant alleged that a number of funds transfers were made by the defendant in breach of mandate, and denied that certain alleged phone calls and e-mails took place.

The claim concerned an inspection of the claimant's facilities carried out by the MHRA; an inspection which, the claimant alleged, was carried out as part of the MHRA's monitoring -LSB-...]

He successfully defended Northeastern Pharmaceutical Company which resulted in a defense verdict after a six month trial where the several claimants alleged numerous health problems due to dioxin exposure.

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer's pension scheme indirectly discriminated against workers who had a combination of full and part - time service...

The claimant alleged the purported will was a forgery on the basis that the deceased could not have been at L's house at the time the will was said to have been executed there — it was apparently witnessed by L's partner and a friend.

The claimant alleged that in October 2005, it concluded with the defendant a contract for the production of a calendar.

Often an ET1 is accompanied by a Grounds of Claim which sets out the factual scenario of the claim and the specific areas of law which the Claimant allege have been broken.

The claimant alleged that the accident was caused by the negligence of the defendant, Mr Hoyle, who was the pilot of the aircraft.

In Way v. Spectrum Property Care Limited [2015] EWCA Civ 381, the Claimant alleged that a final written warning was issued in bad faith and so could not be relied on to fairly dismiss him.

The Claimant alleged that there was a negligent failure to diagnose and treat a soft tissue sarcoma, a rare form of cancer, which developed in his calf muscle in 2010.

Claimant alleged that TfL had failed in their duties to maintain and properly repair the bridge and to ensure that the pier buttresses (and the relatively narrow low water channel through the arch) were sufficiently marked to enable vessels to transit safely (the Defendant denies any breach).

Many of the claimants allege that after using Xarelto they developed uncontrollable bleeding, resulting in emergency health situations and, in some cases, death.

The claimant alleged that the defendant had overvalued a property by # 24,500 and claimed # 31,148.04, which included the cost and expense of repossessing and selling the property, plus interest.

Will not all claimants alleging discriminatory dismissal now want compensation for the rest of their career?

The claimants alleged that at all material times it was or should have been reasonably foreseeable to the council that there was a risk of damage occurring to the property and claimed the cost of the underpinning works.

In Kirk v Brent London Borough Council [2005] EWCA Civ 1701, [2005] All ER (D) 130 (Dec) the claimants alleged that tree roots from the council's tree extended under the foundations at the front of their property and had, since the summer of 1997, undermined the foundations of the property and / or withdrawn the moisture from the soil under those foundations.

The claimant alleged that had a Hartmann's procedure been performed she would have had an uncomplicated recovery and avoided, amongst other things, sepsis, a stroke, a hernia.

The claimant alleged that he was entitled by an oral agreement to a share of a Russian company known as «Rusal», that English law and jurisdiction had been orally agreed, and that it would not be possible to bring his claim in Russia since he would face assassination, arrest on trumped - up charges and the lack of a fair trial.

The claimant alleged that in each year the audits were conducted negligently and, in respect of the 1998 audit, with «shutting eyes» fraud.

Second, the claimant alleged that in the absence of a fence, the defendant ought to have done more to warn the parents of the danger of the nearby Monarch Way pond and of access to that pond by the pathway between the caravans.

Not exact matches

David Sherborne, counsel for the claimants, told the court the claimants would «allege criminality at the most senior level: James Murdoch and Rebekah Brooks» as part of the case.

your name, address and telephone number, and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which Climate Central may be found, and (ii) you will accept service of process from the claimant who provided Climate Central's designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.

Mr Sfadar Zaman, a member of the public, alleged that the claimant (Councillor Martin Mullaney, a Birmingham City councillor) trespassed on his land and a building owned by Mr Zaman, filmed him and the building and then made the film available on the Internet.

The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she experienced continual upper body pain, depression, and given her concentration, energy level, mood was unable to function as the energetic and successful businesswoman she once was.

Summary: Claimant challenged the arbitral award, alleging that both the chairman and the arbitrator appointed by respondent had lacked in impartiality and independence.

In 2016 the team successfully defended NHS England in an alleged breach of statutory duties claim brought by QSRC for not providing an interim contract to the claimant for gamma knife treatment to NHS patients.

Summary: The claimant sought to annul the arbitration award alleging that the arbitrator had exceeded his mandate by basing the award on legally relevant circumstances that had not been referenced...

Summary: the claimant requested the annulment of the award alleging that procedural errors occurred that likely affected the outcome of the case, as the arbitrator failed to consider relevant...

The case involves two Hungarian failed refugee claimants who allege the member of the IRB who dismissed their application chronically rejects cases.

If fraud is to be part of a «mis - selling» claim, claimants will need to carefully consider the form of the alleged fraud, says Simon Duncan

The study presents data on number of claims by area of law, number of lawyers in the firm, type of activity, disposition of claim, type of alleged error, indemnity dollars paid to claimant and other categories.

The failure to obtain a signed statement from the claimant or witnesses before the institution of proceedings where fraud was clearly being alleged was of itself evidence if incompetence (and therefore negligence).

Cases such as Gray pose the question of whether the claimant, having been convicted of a crime, can seek compensation from the tortfeasor for imprisonment flowing from that conviction, it being alleged that the crime would not have been committed but for the defendant's tort.

The Court of Appeal agreed with the first instance judge that the claim was time - barred but held that his cause of action accrued when he acted on the alleged negligent advice in 1997; an earlier date than that found at first instance (it also agreed that the claimant could not successfully overcome the limitation defence by relying on the provisions of s 14A of the Limitation Act 1980).

Corbiere Limited v Mean Trading Systems: Acted for defendants in a claim brought against a start - up algorithmic trading hedge fund alleging misuse of confidential information in the software of the claimants.

GEAG v A & P: instructed to advise and represent Claimant in its Commercial Court claim against supplier of alleged faulty fully welded plate heat exchanger installed in major UK refrigeration plant.

As recent cases such as Watkinson (ET 1702168 / 2008 and 1702079 / 2009) have demonstrated, there is ample incentive for unfair dismissal claimants to allege that the reason for dismissal was, for example, the fact that protected disclosures had been made, because the statutory cap on compensation does not apply in such cases.

On the other hand, the employer argued that re-employment was impracticable due to the claimant's alleged lack of confidence and trust in the respondent.

The claimant brought civil proceedings against the police, alleging that the search of his home was unlawful because it could not be proved that the original suspect had either occupied or controlled the claimant's premises and so the police were not entitled to search the claimant's premises.

The defendants also allege Blott signed up more than 5,600 claimants, «without any regard to their ability to properly discharge their professional duties toward these individuals.»

The claim alleges Blott was paid substantial fees — usually equivalent to some 25 - 30 per cent of the claimants» settlement amounts.

In Plana v First Capital East Ltd CLCC, 15/8/13 (HHJ Collender QC), the claimant bus driver alleged that his traumatic brain injury prevented him from driving, and therefore, from working.