Sentences with phrase «claimants as»

The Taskforce Paper further recommended the enactment of a statutory requirement that exploration and prospecting licence applicants enter into a heritage survey agreement with native title claimants as a pre-condition to the grant of the licence.

Lisa maintains strong networks within the native title system, conducting research projects in partnership with, or in response to, the needs of native title representative bodies and claimants as well as government departments.

These sites were among sixty - five possible sites identified by the claimants as significant, forty - six of which are on De Rose Hill Station.

Section 61 (4) Native Title Act 1993 (Cth) provides that identity for the purposes of a native title claim is established in only one of two ways: either the claimants must be specifically named, or they must be sufficiently clearly described so that any particular individual can be identified as one of the claimants (for example, by describing the claimants as «all descendants of X»).

• Contacted claimants as well as others involved in incidents to compare claim notes and all accompanying reports with eyewitness accounts.

This type of litigation gets more common all the time, with courts seeming to have profound sympathy for claimants as a general rule.

With regard to claimants themselves, proponents of private insurance argue that competition will force private insurers to treat claimants as fairly as possible, since insureds will simply change providers if they feel mistreated.

The objective is an award of damages which places claimants as nearly as possible in the position, in so far as money can achieve, as they would have been in had they not been injured,...

The IBC's non-stop efforts to paint all injured claimants as exaggerating fakers have been highly successful and have accomplished the intended purpose (to poison jury pools and to influence legislative / regulatory change).

This defence expert has a long history of painting injured claimants as malingerers and vilifying those in pain as fakers — despite repeated rebukes from triers of fact for having done so (examples below)-- and despite a «long line» of case law refuting this insurer - friendly sentiment.

They would render most personal injury claims (which can involve considerable pain and suffering for the claimant) impracticable for most claimants as most claims of this nature are between # 1,000 — # 5,000 in value and the insurers are aware of this.»

However, the undesirable acts of a few must not prejudice the overwhelming needs of the majority of claimants as the new system beds down.

CFAs entered into after 1 April 2013 are much less attractive to claimants as success fees and ATE premiums can not be recovered from a losing opponent.

However it noted that type B claims did not simply relate to discrimination complaints and no gender disproportion was alleged as regards type B claimants as a whole and accordingly it found no indirect discrimination; and

Under the Protecting Canada's Immigration System Act, the Minister of Public Safety will have the power to designate any group of over two refugee claimants as «irregular arrivals» if:

The CVA failed under IA 1986, s 6 (1) for unfairly prejudicing the interests of the claimants as creditors of Powerhouse.

In short, the GLO process can provide claimants with the ability to pursue proceedings that would otherwise have been ignored by claimants as being unviable financially and / or a managerial drain.

Child claimants as well as adults should be able to recover damages for «lost years», says David Regan

The rate is calculated by the House of Commons library and shows the number of claimants as a proportion of the estimated economically active population aged 16 to 64 resident in each constituency in 2008.

Capping benefits will save the Government around # 185million a year for the next four years, but Mr Duncan Smith said the policy is about changing the behaviour of claimants as well as saving money.

And so begins an attempt to link the actions of a few with benefit claimants as a whole.

David Cameron and George Osborne were all too happy to let people believe the mess the country was in after the financial crash was as much the fault of benefit claimants as it was the bankers.

This protection will apply to existing UC claimants as of 1 November 2018 (including those who leave and come back within six months) as well as tax credit claimants who move across to UC as long as the gap is no more than 6 months.

The scope of their practice is focused on the individual claimant as well as organized groups or «rings.»

Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

This is what will happen under the new regime when the judgment for the claimant is at least as advantageous to the claimant as his Part 36 offer (so when, for example, the claimant offers to settle for # 50,000 and is awarded # 50,000 or more).

The creation of an interim impairment status, or adopting the American Spinal Injury Association (ASIA) scale, may create more reliable and consistent results, but it may have the inadvertent result of overlooking the subjective experience of the claimant as previously evaluated by the AMA Guides or excluding seriously injured drivers from the catastrophic definition.

This was conceded by the claimant as soon as it was raised by Bolivia's solicitors.

On 14 July 2008 Swift J approved an agreement between the parties which provided for the claimant as follows:

Considering the arrangement as a whole, the Court decided that the tribunal had been entitled to regard the claimant as an «integral part» of the company's operations and «subordinate» to the company.

The judge carefully analysed the information provided to the Claimant as part of a (voluntary) debrief process, and found that the information underpinning the claim had been provided more 30 days before the claim was issued.

The court decided in favour of the claimant as there was no good reason for the defendant's failure to respond.

Although point (iii) does not go as far as to say that a respondent - paid adviser always acts for the claimant as a matter of law, it does go a long way in practice to giving strong legal backing to this common employer technique for achieving valid compromise agreements, and will come as a relief to employers» representatives.

In a rear end accident, the insurance adjuster will be looking to find fault on the part of the claimant as well as confirming the liability of his policyholder.

More generally, the EAT opined that the tribunal had confused the reasons why the claimant acted as she did with the council's reasons for treating the claimant as it did.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) allows for an additional amount to be paid to a claimant by a defendant in cases where the defendant has refused the claimant's offer to settle and the court has given judgment for the claimant which is at least as advantageous to the claimant as the claimant's offer.

Likewise, the borrower alleged that no «rent» was payable to the claimant as she did not «rent» anything other than the money under the mortgage.

I also acknowledge the points made by counsel for ICBC and counsel for the claimant as to the need to under the new Rules to have regard to proportionality.

In particular, in relation to the fourth feature identified by Lord Sumption (delegation to a third party of some function which is an integral part of the positive duty assumed), the MOJ relied on the statutory framework which it argued showed a clear distinction between its control over the Claimant as a prisoner to which he could not consent and his treatment as a patient which required his consent.

The deductible amount is simply not paid out to the claimant as a function of Ontario law.

While that case stands, the instant case shows that it can not be based merely on allegations by the claimant as part of that overall dispute.

Within 15 business days of the medical report being confirmed by the claimant as factually accurate their solicitor will complete a settlement pack together with receipts for special damages.

If you think you can negotiate a settlement, contact the claimant as soon as possible.

Judge Simmonds QC, no doubt anticipating the public interest in this case, and perhaps reflecting his own concern, granted permission for the claimant to appeal; he made no order for costs against the claimant as he had found for him on the two preliminary issues relating to breach and had accepted a significant proportion of the claimant's legal submissions.

Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim i.e. reply or pay within a 14 day period after service of the claim

The claimant as well as Mr Dissanayake were aware of the existence of 2007 agreement as the purported declaration allegedly signed by Mr Dissanayake claims that no such agreement was::: Downloaded on - 13/05/2014 23:52:28::: Kvm 41/107 ARBP259.13 signed after May 2007.

Not exact matches

«We have consistently called on China, as well as other claimants, to refrain from further land reclamation, construction of new facilities, and militarization of disputed features, and to commit to managing and resolving disputes peacefully with other claimants,» a Pentagon official told CNBC when asked about China's recent military activity in the area.

Even in cases with hundreds of thousands of claimants, he has been regarded as a fair, trustworthy arbiter who is adept at working with people living through their worst nightmare.

(Illinois law allows claimants to file for benefits for pre-existing conditions as long as they can show work aggravated the situation.)

It has sold off another US$ 11 billion in assets, and plans to sell more as a way to finance a US$ 20 - billion trust to compensate claimants for damages.