He has also represented disability
claimants appealing to federal district court.
The ICBC
claimant appealed an... Continue reading โ
Such is the perceived importance of establishing the principles of the new case and costs management that when
the claimant appealed they were directed into the Court of Appeal smartish.
The claims therefore failed and
the claimant appealed to the Supreme Court.
The claimant appealed in respect of the first defendant only.
The claimant appealed that finding.
The claimant appealed to the Asylum and Immigration Appeal Tribunal on the ground that his removal would amount to a breach of his right to respect for his private and family life under Art 8 of the European Convention on Human Rights (the Convention).
The claimant appealed to the Court of Appeal.
The claimant appealed, contending that the reviewing officer's decision was unlawful.
Sometimes
claimants appeal over and over, yet are continuously turned down.
The claimant appealed to the High Court.
The claimants appealed to the House of Lords.
The Claimant appealed to the EAT.
The Claimant appealed the rejection of her discrimination claim and the EAT held that the school had applied a PCP of dismissing an employee who failed to end a relationship with a convicted sex offender.
The Claimant appealed to the Employment Appeal Tribunal.
The judge ruled in her favour and
the claimant appealed.
The first five
claimants appealed, and the secretary of state cross-appealed.
The State of Western Australia and a competing
claimant appealed different aspects of the first instance decision of Justice Merkel [37] that determined that the Yawuru people held native title rights and interests over areas in and around the Western Australian coastal town of Broome.
Justice Sackville found that the claim for compensation for extinguishment of native title was unsuccessful on 31 March 2006.8
The claimants appealed to the Full Court of the Federal Court (three judges).9 The court dismissed the appeal on 6 July 2007 and upheld Justice Sackville's decision.10
Not exact matches
New EI policies, designed to hurt rather than help; new
appeal mechanisms, rigged against
claimants; and employee cuts everywhere, made without rhyme or reason across the public service, as the Parliamentary Budget Office has just reported.
And after a lengthy delay, more than 80 % of
claimants lose their
appeals anyway.
Refugee
claimants from DCO countries have a faster claims process [2], and those whose are rejected can only
appeal to the Federal Court system.
The Government's response to that report, published today, commits to carrying out a review of the remaining cases where Concentrix amended or terminated a tax credit award but where the
claimant did not request a mandatory reconsideration (the first step in the
appeals process).
ยท The statistics don't appear to take into account successful
appeals by
claimants against HMRC, resulting in the reinstatement of tax credit awards
Before a
claimant can take an
appeal to a tribunal they must first ask for the decision to be reconsidered by the DWP - known as a «mandatory reconsideration» (MR).
Iain Duncan Smith's «workfare» programme was branded illegal in October, when he lost an
appeal against a court judgement which said the department had failed to give welfare
claimants sufficient information about what would happen if they refused to take part in free work for high street companies.
The
claimants; the late Naa Salifu Dawuni,
appealed against the ruling of the Northern regional House of Chiefs that affirmed Naa Dasana Andani II as the overlord of Bimbila.
Background The decision on who is the rightful Overlord of Bimbilla has been in dispute for years, prompting the
claimants to
appeal to the National House of Chiefs for adjudication.
US government agencies who are defendants in the case and
claimants from the Umatilla, Yakama, Colville and Nez Perce tribes can still
appeal.
The
appeals concerned claims for damages for mesothelioma where the
claimants had some occupational exposure to asbestos (Mrs Sienkiewicz) or exposure when a pupil at Bowring Comprehensive School (Mrs Willmore).
In March, DeVos also eliminated an
appeals process for students claiming discrimination and shortened the time period in which
claimants can file evidence with investigators.
The
claimant might have been given hope by another fairly recent case, Delaney v Pickett [2011] EWCA Civ 1532, [2011] All ER (D) 201 (Dec), where the Court of
Appeal held that an injured passenger could nevertheless claim despite the fact that the sole purpose of the journey was to transport commercially grown cannabis plants.
The EAT, when considering the
appeal of the
claimant, accepted her contentions that the gossip about the paternity of the child was connected with pregnancy; the
claimant was uncomfortable following the spreading of the gossip (this evidence was not challenged) and it amounted to a course of unwanted conduct, meeting the definition of harassment.
โ First, it shows the Court of
Appeal looking at dependant's pensions for a relatively narrow class of unmarried
claimant.
In relation to the second ground of
appeal, the court accepted that there is a principle of proportionality in the doctrine (for example minor motoring offences by the
claimant would not negate the claim), but theft was on any view far too serious to be applied here.
The Employment
Appeal Tribunal (EAT) was considering an appeal by the claimant, Miss Nixon, and a cross-appeal by the respondent, arising out of Miss Nixon's claim for unfair dismissal, sex discrimination, and discrimination on the grounds of pregnancy and haras
Appeal Tribunal (EAT) was considering an
appeal by the claimant, Miss Nixon, and a cross-appeal by the respondent, arising out of Miss Nixon's claim for unfair dismissal, sex discrimination, and discrimination on the grounds of pregnancy and haras
appeal by the
claimant, Miss Nixon, and a cross-
appeal by the respondent, arising out of Miss Nixon's claim for unfair dismissal, sex discrimination, and discrimination on the grounds of pregnancy and haras
appeal by the respondent, arising out of Miss Nixon's claim for unfair dismissal, sex discrimination, and discrimination on the grounds of pregnancy and harassment.
The Court of
Appeal upheld the decision of the trial judge who found that the defendants should pay 75 % of the
claimants» costs and that the
claimants should pay the costs of the defendants» counterclaim.
On
appeal by the
claimant, Mr Justice Coulson rejected the suggestion that the case fell under s B of table 6B, as the case did not settle prior to the date of trial.
The Court of
Appeal refused to grant injunctive relief on the basis that the
claimant's case was arguable in some respects but weak in others, and it was impossible to determine its merits at the interlocutory stage.
As David Westcott QC persuasively argued before the Court of
Appeal in Bermuda in Thomson v Thomson and Colonial Insurance Limited [2017] CA (Bda) 2 Civ, the adoption of a discount rate based on ILGS does not lead to a single
claimant being «over-compensated».
The Court of
Appeal refused to grant the injunctive relief sought by the
claimant and held that the major factors relevant to the court's discretion were: - the extent to which damages were likely to be an adequate remedy for each party, and the ability of each party to pay; - the balance of convenience; - the maintenance of the status quo; and - any clear view the court was able to reach about the relative strength of each party's case.
Acting for
claimants in applications to the High Court and Court of
Appeal under sections 288 and 289 of the Town and Country Planning Act 1990.
The Alberta Court of
Appeal in the very recent decision of Singh v. Kaleremphasized that it is the intention of the
claimant (i.e. the party claiming under the trust) at the time of the advance of funds that counts.
Related news story: Supreme Court of Canada to hear
appeal from subcontractor arguing trustee must notify potential
claimants of existence of surety bond; Canadian Underwriter
Duncan Lewis have experience in all aspects of judicial review
claimant work, including obtaining emergency orders and other interim relief to prevent breaches of human rights, following up judicial reviews with actions for damages in both the County and High Court and successfully pursuing judicial review matters to the Court of
Appeal and Supreme Court.
The
appeal was allowed as the trial judge made an error by failing to provide jury with a proper summary of the evidence, having referred frequently to the
claimant's «entitlement» to compensation, without adequate emphasis on the question of legal causation.