Not exact matches
If the
group to be identified as the recipients of reparations payments is simply to be «African - Americans,» then
there will be a surprising number of
claimants eligible for reparations payments who have, so to speak, been «white» for several generations.
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.
«
There is now great concern that
claimants will fail to receive the level of employment support promised,» said Kate Green, chief executive of Child Poverty Action
group.
«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.
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.
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.
Many international lawyers realise that personal injury can become a global issue and
there is a strong tendency of personal injury lawyers from different countries to unite their efforts, which founded the first multinational
group of international
claimant counsel — this is really great!
That would be a serious matter, given how vigorously the current government makes known its doubts about the bona fides of whole
groups of refugee
claimants.184 Moreover, regardless of how well the transition is handled,
there will inevitably be a long period of learning and adjustment for new decision makers, at both the RPD and RAD levels, and more errors will be made during that period.
There is no requirement for any additional or collateral agreement relating to generic costs (of a
group action) in a conditional fee agreement (CFA) for a successful
claimant to recover such costs in an action where no
group litigation order has been made.
Also be careful with labels where
there is a
group of defendants or
claimants.
That involved considering how the
claimant would have acted in the hypothetical circumstances that the defendant's advice was not negligent: the
claimant had to show how they would have acted on the balance of probabilities, and also that
there was a substantial chance that the Swedish companies would have agreed to settle on terms that the
claimant would have accepted: Allied Maples
Group v Simmons & Simmons [1995] 4 All ER 907.
There are other wrinkles in these policies: The
group plan payout may be capped at $ 5,000 a month, for example, and after a few years many plans will continue to pay benefits only to
claimants who are unable to perform any work that they're suited for, not just the occupation they were trained for.
The test for the recognition of native title was determined by the High Court's decision in Yorta Yorta.136
There the Court confirmed that to prove native title,
claimants must show that the traditional owners
group has existed as a community continuously since the acquisition of sovereignty by the British, and that in all that time they have continued to observe the traditional laws and customs of their forebears.
Where a State assesses the native title claim against legal criteria prior to entering negotiations with the
claimant group it is important that
there is a clear understanding by the
group of what is required to satisfy the government's test.
While a number of states require the
claimant group to provide the State with evidence in relation to legal criteria as a condition precedent to commencing negotiation,
there are varying degrees to which the legal tests are applied.
Unless
there is a broader policy framework, such as that in SA, that posits the
group's development as a goal in its own right, then development will not occur for those
claimant groups whose land has no priority in the state's land management regimes.
There may also be differing views within the one
claimant group as to the boundary line.
The Commission considers that the presumption that the
claimants are the Traditional Owners of the land should only be rebuttable by a respondent if it can show
there is a justifiable basis to believe that another
group were, or are, the Traditional Owners.
In weighing evidence as to whether native title has ceased to exist, it is appropriate for the Court to ask whether
there has been shown a clear and plain intention on the part of the
claimant group to abandon all underlying connection with the land.
Across the state,
there were over 20 management committees, each having authority from its
claimant group to manage that claim process and the exercise of procedural rights under the NTA.
That is, a generally agreed heritage arrangement (either on a regional or Statewide basis) could exist as a baseline: where a
claimant group's concerns in relation to an expedited procedure tenement application were satisfied by the regional agreement
there would be no need to object, but where a
group's concerns were not met by the regional agreement, they could still use the objection procedure.