Other than for a legislative act, notice and the opportunity to comment must be given to the relevant representative body, any prescribed body corporate and registered native title
claimants before an act specified is done.
Further, the Court held that there was no requirement in subsection 24HA (7) NTA requiring notification to be given to registered native title
claimants before an Authority had determined to grant the permit requested.
The Full Federal Court upheld the primary court decision that the notices complied with the requirements of section 24HA NTA, and that there was no requirement in subsection 24HA (7) to notify the registered native title
claimants before an Authority had determined to grant the permit requested.
In Eastwood v Magnox Electric plc [2004] UKHL 35, [2004] 3 All ER 991, the House of Lords seized upon the opportunity to recognise the validity of a claim for stress - related injury alleged to have been caused by a campaign on the part of an employer to demoralise
the claimants before dismissing them in breach of duty of trust and confidence.
This case has implications beyond the particular
claimants before the court.
The Silverman Law Firm has decades of experience representing
claimants before the Social Security Administration and the Workers Compensation Board.
Halliday claimed that the case was a clear matter for his client, as the bank had never sought an approval from
the claimant before such huge sum of money was withdrawn from his account and paid to Bayelsa State Government's account.
Although the judge found that R was «actively and closely involved in... the events which gave rise to the Foundation's claim», any costs incurred by
the claimant before it acquired the right to bring a claim (as the assignee of title to the mural and of the cause of action of the landlord and freehold owner of the building) could not be recovered from R.
In Garib the jury awarded $ 5,000 less than ICBC offered
the claimant before trial.
On the facts, it was held that it was not, largely because there were other ways of dealing with the lock up problem (which, crucially on the facts, had been raised specifically by
the claimant before the decision was taken); the EAT favoured scoring the absent employee in the period before taking leave — possibly an important practical pointer for any similar future cases.
Successfully represented
Claimant before Master and Judge in Defendant's application for order that he had not been properly served in Monaco.
With the evolution of social media, insurance companies know more than ever about injury claimant's personal life and will often get photos and even videos of
the claimant before they have a chance to change their privacy settings.
Risk of dissipation is easy to establish in such cases: if there is a prima facie case of fraud, eg misappropriation of the claimant's money, then the court will readily accept that the defendant is also likely to try to take steps to move his assets out of the reach of
the claimant before the latter can obtain and enforce a judgment.
Not exact matches
A large decline or surge in EI
claimants right
before an election would have significant political ramifications.
Before 2013,
claimants were given time to look for a job that offered comparable remuneration and working conditions to their previous employment.
May insisted that current PIP
claimants will not lose out -
before going on to mock Labour MP Cat Smith for arguing that Labour's performance in the Copeland by - election was «an incredible achievement».
While this may look great in terms of headline statistics, simply cycling vulnerable
claimants between different benefits or short spells of work
before returning to benefits is completely ineffective, both for the
claimant and the taxpayer.
Something called up - front work search is being introduced which will make
claimants actively look for work
before they get their benefits.
His answer suggested that the government's decision to cut the amount a
claimant can earn
before losing some of their benefits was behind the reduced figures.
In the Mau Mau case, three Kenyan survivors of atrocities committed during the suppression of the Mau Mau insurgency recently won the right to claim damages against Britain in the High Court in London (a fourth
claimant died
before the conclusion of the process).
Deciding that the wrongs done to the
claimants might possibly represent a breach of their qualified human rights (privacy) but probably not their absolute rights (degrading treatment) he decided that the human rights claims should be heard first
before the IPT, which is where Ripa insists such cases should go.
Things are more complicated for
claimants who live in a universal credit full service area where it may be no longer possible to make a new claim for tax credits.2 LITRG recommends that anyone in these areas who misses the 30 - day extension period and is concerned that they can no longer claim tax credits should contact HMRC or a local welfare rights specialist as soon as possible
before making a claim for universal credit.3 Tax credits are paid to people who are responsible for children or young people and working people on low incomes, whether or not they have responsibility for a child / young person, and are based on household income and circumstances.
Originally all 3.3 m disability living allowance
claimants were due to be on the new system at the beginning of October
before being moved to the end of the month, there is now no set rollout date on the reform going through.
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).
«The long delays
before some
claimants receive the payments must stop,» he said.
He went on: «
Before we introduced this reform, the taxpayer was paying for
claimants to live in houses bigger than they needed.
Change in
claimant count in Jobcentre Plus Offices
before and after Universal Credit full service rollout.
The work allowance in universal credit is the amount a
claimant can earn
before their benefit starts to be progressively withdrawn.
He announced a new cap on the overall welfare bill, a requirement for foreign benefit
claimants to learn English and a seven - day wait
before the jobless can sign on.
It starts with asylum seekers and
before you know it you see the same policies being applied to benefit
claimants.
Reporting PAYE in real time on or
before each payment date improves benefit administration, making it easier for Universal Credit
claimants.
«All of the government's targets for Personal Independence Payment — for
claimants to receive greater support, and on savings and numbers claiming — have been missed, while those applying to claim the benefit were often left waiting for months and months
before finding out whether their claim was successful,» they say.
The new bill proposes that
claimants will have to prove that the statement has caused or is likely to cause them substantial harm
before an action can brought.
After that time, universal credit
claimants will only be entitled to claim free school meals for their children if their net income
before benefits is less than # 7,400 per year.
The following day, three days
before Christmas, while Darwin was still trying to compose a reply to the Reverend Baden Powell, a third
claimant emerged, this time from France.
This might have worked for a short distance with careful driving, but in the defendant's haste to leave the scene, he barely reached the end of the street
before sharp cornering ejected the
claimant from the van, causing very serious injuries.
MPs recently insisted that ministers must learn more about how
claimants invest their damages
before they make changes to the discount rate.
Whereas the cl 6.1 (e) exclusion provides: ``... a claim which is made in respect of a relevant liability described in para (2) by a
claimant who, at the time of the use giving rise to the relevant liability was voluntarily allowing himself to be carried in the vehicle and, either
before the commencement of his journey in the vehicle or after such commencement if he could reasonably be expected to have alighted from it, knew or ought to have known that --
MPs recently insisted that ministers must learn more about how
claimants invest their damages
before they make...
The Alberta Insurance Act provided, in part, at s. 626.1 (now s. 570) that an award for a head of damages for which the
claimant received benefits under a prescribed income continuation or replacement plan, or an income replacement plan or scheme, must be reduced by the aggregate of all payments both
before and after the award.
Would she then still have to request injunctions only
before the courts of her centre of interests and the establishment of the publisher, although the
claimant only asks for partial damages in these jurisdictions?
The court's decision took into account the fact that the defendants were well advanced in the creation of their own company
before proceedings were issued and they were not the
claimant's sole competitor.
He said it was better to wait the service of the defendant's acknowledgement of service
before deciding the issue of permission but that this should not preclude the
claimant seeking interim relief in the right case.
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
claimant commenced proceedings against the defendant on 31 July 2013, having obtained an anonymity order the day
before.
Before these car accidents the
claimant had been hospitalized as a result an unrelated PNE accident and was diagnosed with a mild concussion and soft - tissue injuries to her head and neck, and experienced symptoms of fatigue, headaches, nausea, and nervousness.
Often, a New Mexico personal injury
claimant will need to finish medical treatment
before being able to evaluate his / her case.
The
claimant had her son shovel snow the evening
before the fall but not on the day of the fall.
«intended to exert and did, in fact, exert commercial pressure on [the
Claimant]
before and throughout the arbitral process».
Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is,
before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the
claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839