Facilitate the participation of the native title
claimant group in the negotiation process both for the purpose of advocating its position, and also to integrate its objectives with those of other stakeholders.
Under this approach a state may enter into negotiations with the traditional owner group either through the mediation process offered under the NTA or by means of their own processes without waiting for the collection of evidence by
the claimant group in relation to the continuity of their connection, the continuity of their observance of traditional laws and customs and the compilation of a tenure history by the state.
This chapter evaluates State and Commonwealth native title policies by reference to whether they direct native title negotiations towards the sustainable development of
the claimant group in accordance with internationally recognised human rights principles.
The government does not require native title
claimant groups in SA to prove their connection to country through assembling anthropological evidence in a connection report prior to entering negotiations.
Not exact matches
A
group of large creditors
in the Mt. Gox debacle have ramped up legal moves to remove the company from bankruptcy, and distribute its remaining bitcoins among
claimants.
The Government must give better and fuller guidance to tax credit and other benefit
claimants about the circumstances
in which they may still claim the child element of child tax credit or universal credit for a third or subsequent child born on or after 6 April 2017, says the Low Incomes Tax Reform
Group (LITRG).1 Previously announced changes to tax credits, universal credit and some other benefits which limit payment of the child element to no more than two children come into effect today (6 April).
In court, on a good day, there are four teams representing, variously, two
groups of
claimants (one from a Cardiff anarchist network, another from environmental protesters), and two police forces.
Professional
group joins Labour
in warning that
claimants for children born of non-consensual sex may be criminalised
The Low Incomes Tax Reform
Group (LITRG) has produced guidance and a quick reference table to help
claimants to see how they will be affected by changes to tax credits
in 2016.
«We know there is a small
group of benefit
claimants without the major physical or health barriers to work associated with incapacity benefit - who live
in areas where there is no shortage of vacancies, particularly for low - skilled jobs but who nonetheless remain on benefits for long periods of time,» he said.
Responding to a consultation on the pilot closure of HMRC Enquiry Centres
in the North East1, the Low Incomes Tax Reform
Group (LITRG) are urging HMRC to cater for taxpayers» and tax credits
claimants» individual needs, focusing on service delivery and not cost cutting
The party was still seen as being for «the poor, benefit
claimants, immigrants and minority
groups», Mr Lewis said,
in what will be seen as a plea for a more Blairite agenda.»
To help address this we have
in the past introduced campaigns like «save our school trips» and «introduce a learning
group» (whereby successful
claimants received 50 per cent off their transport costs).
This lesson involves pupils working
in groups to produce an election campaign for one of the
claimants to the throne
in 1066.
Once $ 6 million of claims
in the non-Welcome Back
group and $ 4 million
in the Welcome Back
group are reached,
claimants will be awarded a one month PlayStation Plus membership.
(i) size and nature of the organization; (ii) part of the organization with which the refugee
claimant was most directly concerned; (iii) refugee
claimant's duties and activities within the organization; (iv) refugee
claimant's position or rank
in the organization; (v) length of time the refugee
claimant was
in the organization, particularly after acquiring knowledge of the
group's crime or criminal purpose; (vi) method by which the refugee
claimant was recruited and opportunity to leave.
As noted
in the Court of Appeal Case
in Solomon v Cromwell
Group PLC Oliver v Doughty (2011): «The effect of accepting a Part 36 Offer made before a claim is issued, is that the
Claimant is entitled to recover costs incurred
in contemplation of proceedings ``
There must be evidence of a strong presence on or over the land claimed, manifesting itself
in acts of occupation that could reasonably be interpreted as demonstrating that the land
in question belonged to, was controlled by, or was under the exclusive stewardship of the
claimant group.
Acting
in respect of
group claim of over 100
claimants resulting from exposures to harmful fumes and vapours
in the workplace - the combined values of the claims totalled more than # 0.5 m;
Test Cases
In a
Group Litigation where there are many
claimants like yourself, it is unworkable for the court to hear and consider each individual claim.
The Amersham research
group, which comprised other scientists apart from the
claimants, carried out human studies on one of the more promising compounds
in 1988.
Solicitors for the Council wrote to the GMB and UNISON unions notifying them that should the
claimants succeed
in their
group claim under the Equal Pay Act 1970 and the Sex Discrimination Act 1975 (SDA 1975) then the Council would seek a contribution under CLIA 1978, which the Council asserted the tribunal had jurisdiction to determine.
Mr Justice Cooke held
in Nomura International plc v Granada
Group Ltd and others [2007] EWHC 642 (Comm), [2007] All ER (D) 404 (Mar) that it depends on whether the
claimant can properly identify the essence of the tort or breach of contract complained of and, if given appropriate time to marshall what he knows, is
in a position to formulate particulars of claim.
The
group of about 200 staff, who brought the employment tribunal claim
in February, have accepted a settlement proposal of eight weeks» pay for each
claimant, offered after administrators Quantuma admitted a «technical breach»
in the required duration of a redundancy consultation when it was carried out by KWM.
A
group of
claimants led by investment manager Gina Miller and hairdresser Deir Dos Santos are demanding that the triggering of Article 50 — which starts a two - year deadline for the exit process to be completed — be subject to a vote
in parliament.
Acted for the
claimant group (one of the UK's largest specialist recruitment businesses providing the Infrastructure sector with permanent, contract and temporary staff)
in High Court, Queen's Bench Division proceedings.
O v P [2013] EWHC 3855 (Comm): instructed to advise
in relation to and to appear on behalf of international logistics
group company Applicant / Intended
Claimant in ex parte application
in Commercial Court for an anti-suit injunction and declaratory relief.
Established
in 1992, Australia's federal class action regime was developed to promote the more efficient resolution of multiple claims sharing common issues, to increase access to justice for small
claimants and to safeguard the interests of
group members and respondents alike.
The ability of a
group or
groups of multiple
claimants to bring joint claims — a class action — has long existed
in a number of legal jurisdictions.
The fact that politicians make politically expedient attacks on lawyers — whether it be Chris Grayling's recent attack on «left wing» pressure
groups, or Jack Straw's berating «BMW - driving civil liberties lawyers» — does not mean that
claimant law firms don't have a case to answer
in relation to drumming up «spurious claims».
It is unlikely change will occur
in the short term, but the fact that lawmakers now recognise the advantage of the «opt -
in» US approach to
group litigation, at least
in certain circumstances, can only benefit
claimants — providing another means by which they can seek redress.
The best known jurisdiction is perhaps, the US, which is renowned, perhaps unfairly, for big ticket
group claims, involving many dozens if not hundreds of
claimants, with damages
in the millions.
Nearly seven years after the start of the court review of the exchange ratio applied to the merger of IMMOEAST and IMMOFINANZ, IMMOFINANZ has reached an agreement
in principle through out - of - court negotiations with most of the
claimants and the representatives appointed for the respective shareholder
groups to terminate these proceedings through settlement.
The claim related to a
group action brought by no less than 599
claimants who holidayed at a Turkish resort
in the summer of 2009 which had been booked though the defendant tour operator.
Master James held that it was «neither reasonable nor proportionate» to incur costs of just under half a million pounds
in respect of these 152
claimants» claims by way of
group litigation.
In two conjoined cases, (Essop and Naeem) the Supreme Court considered whether a claimant in an indirect discrimination claim has to prove the reason why a PCP puts (or would put) an affected group at a particular disadvantage, and whether the reason has to relate to the protected characteristi
In two conjoined cases, (Essop and Naeem) the Supreme Court considered whether a
claimant in an indirect discrimination claim has to prove the reason why a PCP puts (or would put) an affected group at a particular disadvantage, and whether the reason has to relate to the protected characteristi
in an indirect discrimination claim has to prove the reason why a PCP puts (or would put) an affected
group at a particular disadvantage, and whether the reason has to relate to the protected characteristic.
Brightside
Group Ltd v RSM UK Audit LLP [2017] 1 WLR 1943 Acting for
Claimant in professional negligence claim against auditors.
Airey v Taffinder & Ors (Re Hills Solutions Ltd)[2015] EWHC 3854 (Ch) Acted for
Claimant in successfully obtaining permission to continue a double derivative claim and a full indemnity from the company
in respect of a restructuring of the
group at an alleged undervalue.
For those parties
in the
group litigation who succeed
in their individual claims, the logical conclusion is that they have «won» their case and, by extension, payment of their costs should be covered by the «losing» defendant; but
in the event that the winning parties ultimately make up a minority of the larger
claimant group, it could be argued that, as a whole, the
claimants are the «losing» party, responsible for the defendant's costs.
On the first matter, as argued by the defendant, only two of the
claimants had won their respective claims, meaning, from a «big picture» perspective, that the defendant had succeeded
in 94 % of the
group litigation claims and was, therefore, the litigation winner.
These tasks are made exponentially more difficult
in group litigations, where both the defendants and the
claimants may have grounds for considering themselves the «winner» for the purposes of cost allocation.
The
claimant in my case wasn't a Russian oligarch, an A-list celebrity or an Arab billionaire (
groups who seem to issue writs like they are going out of fashion) but a seemingly innocuous super-wealthy self - styled «holy man» from the Punjab (a state
in Northern India) who is reported never to have stepped foot
in Britain nor apparently reads, writes or speaks any English.
«As a
group, IAP
claimants are uniquely
in need of the court's protection,» he wrote.
They were playing
in a courtyard and part of a walkway which was the social area for their age
group when, running backwards, the first defendant collided with the
claimant.
A
group of 1,011
claimants seek damages for exposure to ionising radiation as a result of exposure to nuclear tests undertaken during the 1950s
in the Pacific Ocean.
Earlier this year, Duke Street confirmed an investment of up to # 200m
in the Parabis
Group (which includes
claimant business Cogent Law and the defendant firm Plexus Law).
The court concluded that, despite itself having been entirely innocent of the misuse, the employer was
in principle vicariously liable to compensate all 5,500
claimants in the
group.
Opt -
in class actions are permitted
in a range of claims and
claimants in group actions can not secure a State exemption from the payment of legal expenses.
In the latest in a series of interim judgments in the Air Cargo cartel damages claims, which are being brought in the Chancery Division by several groups of claimants against British Airways plc, the High Court (Rose J) has held that Article 101 TFEU does not permit claims for damages to be brought in relation -LSB-..
In the latest
in a series of interim judgments in the Air Cargo cartel damages claims, which are being brought in the Chancery Division by several groups of claimants against British Airways plc, the High Court (Rose J) has held that Article 101 TFEU does not permit claims for damages to be brought in relation -LSB-..
in a series of interim judgments
in the Air Cargo cartel damages claims, which are being brought in the Chancery Division by several groups of claimants against British Airways plc, the High Court (Rose J) has held that Article 101 TFEU does not permit claims for damages to be brought in relation -LSB-..
in the Air Cargo cartel damages claims, which are being brought
in the Chancery Division by several groups of claimants against British Airways plc, the High Court (Rose J) has held that Article 101 TFEU does not permit claims for damages to be brought in relation -LSB-..
in the Chancery Division by several
groups of
claimants against British Airways plc, the High Court (Rose J) has held that Article 101 TFEU does not permit claims for damages to be brought
in relation -LSB-..
in relation -LSB-...]
The
claimant was representative of a
group of Iraqis numbering about 100 who either have brought, or wish to bring, judicial review proceedings against the Secretary of State for Defence alleging that they were ill - treated
in detention
in Iraq at various times between 2003 and 2008 by members of the British Armed forces
in breach of Article 3.