Sentences with phrase «claimants obtain»

While that is a beneficial section, it shows the limited scope of native title if it is the main way that claimants obtain recognition of exclusive native title, given that, if people in the group hold the lease, the group presumably also has access and other use.

Guidelines and tips to help injury claimants obtain the legal resources needed to make the best decisions and hire personal injury lawyers right for the case.

Attorneys successfully defended a motion for class certification in connection with case involving an insurer's decision to require that third party claimants obtain their own salvage certificate of title for vehicles appraised to be a total loss as...

Wormell v. Insurance Corp. of British Columbia, 2010 BCSC 1028 July 22, 2010 - The injury claimant obtained a court award of $ 570,288.71 for serious personal injuries suffered in an accident.

The claimant obtained a Norwich Pharmacal order that Facebook disclose its records revealing that the offending pages were created on Mr Raphael's computer».

The claimant obtained an order permitting service to be effected by an alternative method, namely first class post, but the defendant did not acknowledge service.

The Insurance Corporation of British Columbia has singled out «pervasive lawyer advertising» as a cause in the steady uptick of injury claimants obtaining legal representation.

At the outset of the claim the claimant obtained a without notice injunction for interim accommodation which the authority applied to have discharged.

The Claimant obtained employment with the Respondent, an NHS Trust, and did not disclose the Home Office issue, or the subsequent revocation of her British Citizenship.

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

Requires that a medical liability case must be dismissed without prejudice unless the claimant obtains an admissible expert opinion within three months of commencement of the action or a date determined by the court.

Janna Purdie considers when the late acknowledgment of service by a defendant can prevent a claimant obtaining a default judgment

Had the claimants obtained bank loans, the defendants would have been liable to repay the claimants any pre-judgment interest and there was no reason why that should not be the case when a solicitor acted as a bank.

Also in July 2007, the claimant obtained without notice an order for the examination of K, an officer of the defendant, in respect of the defendant's means under CPR 71.

Not exact matches

As things now stand, EI regular claimants are expected to undertake «reasonable and customary efforts to obtain suitable employment» and can be cut off benefits if they do not do so.

From the side of the claimant, some portion of justice is obtained in the very maiking of the claim or in exercising an influence.

The public's hostility to the benefits bill is, in large part, due to the commonly - held view (articulated by Field) that it encourages scroungers: in the same poll, more than one in four respondents said they thought at least half of all welfare claimants were «scroungers who lie about their circumstances to obtain higher welfare benefits».

At present the inability of claimants to speak or write English is no bar to them obtaining benefits.

Ministers should delay plans to sanction low - paid workers receiving universal credit until they could demonstrate that it would encourage claimants to obtain more hours or better pay — an outcome which at present is far from clear.

Most importantly, the introduction of fees must also herald a move towards a more civil - based costs system, which takes tribunals even further from the spirit in which they were established, as otherwise a claimant with a genuine claim would in effect be paying to obtain justice.

At least the court revised the insurer's proposed terms to circumscribe the obligation in these terms: «The defence insurer shall be entitled to require the claimant to undergo medical examination at its request upon reasonable notice being given to the claimant at any time during the claimant's lifetime, such medical examinations to be limited to obtaining a medical opinion as to the claimant's general health in order to obtain a quotation for the purchase cost of an annuity to fund the periodical payments and / or (not more frequently than once every seven years) for the express purposes of reviewing its reserve.

However, there are also very many claimants who properly bring claims in order to obtain compensation for an actionable wrong committed against them.

Where a claimant is incapable of obtaining their just remedy their right was never exercised.

The claimant commenced proceedings against the defendant on 31 July 2013, having obtained an anonymity order the day before.

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 arbitrator concluded (and the Court did not disagree) that the Respondent's «reprehensible» conduct forced the Claimant to obtain litigation funding to pursue its claim.

The arbitrator's decision displays logic in that the arbitrator was satisfied on the facts that the Claimant had been forced to obtain third party funding as a result of the Respondent's conduct.

This recovery was obtained despite the fact that the claimant suffered from a significant level of disability, including partial paraplegia, prior to the rear end car accident.

It appears that the insurance industry will continue this practice so claimants must resist adjuster's attempts to obtain this information.

The companies have reportedly already obtained a similar declaratory judgment, meaning that it may prove difficult for future claimants to recover damages from the beverage maker.

As a claimant you want to be safe in the knowledge that your claim is being handled by the best and that your team will obtain the very best award of compensation that can be achieved for you.

An award deciding liability in favour of the claimants was obtained after a three - week hearing in the summer of 2013.

To the contrary, it was clear that the claimant would have been willing to release the Bishop only on obtaining $ 1.85 million, not $ 500,000.

The claimant should have protected himself by stipulating that he had a certain time to do his work during which the retainer could not be terminated and by tightening up provisions relating to the obtaining of finance to ensure that the defendant could not unreasonably refuse an offer of finance.

This result could not have obtained under s. 241, which places the burden of establishing oppression on the claimant.

The business is to inform the defendant indivdual of how the money claimed can be paid; that he can contact the claimant to discuss possible repayment options and provide the relevant contact details; and that free independent advice and assistance can be obtained from organisations listed in the PD including National Debtline, CAB and Community Legal.

One can imagine a situation where the employer has dissolved, the claimant succeeds in obtaining a substantial discrimination award, and the only person to enforce against is an admittedly discriminating manager, who, despite not being the employer, would find themselves liable for the full award.

The failure to obtain a signed statement from the claimant or witnesses before the institution of proceedings where fraud was clearly being alleged was of itself evidence if incompetence (and therefore negligence).

Ultimately, his Lordship appears to have been heavily influenced by the fact that the contract was commercial in nature, and that it was open to the claimant to obtain a copy of the CSAT statute and thus become aware of the exclusion agreement contained therein, before signing up.

And if the Consultant Neurologist is of the opinion that the injuries requires an opinion from a Consultant in Pain Medicine, then a Claimant is advised to obtain such a report.

For a Claimant, therefore, the opportunity to have a top medical expert examine them together with their full medical records is a very useful experience which can help the Claimant to obtain the right treatment.

The claimant would be required to wait for 6 months before obtaining the medical report, as an examination at that point would enable the expert to determine whether the claimant is still suffering symptoms.

Both the owner and claimant had spoken with the police officer at the scene of the accident and the officer failed to obtain the name of the driver who had told police about the accident.

For example, if a Claimant suffers a serious whiplash - type injury in a Road Traffic Accident then the Claimant Solicitors may obtain a report from a GP expert or an Accident and Emergency expert in the first instance.

Neil Burns & Roshan Jain have been representing injured claimants in hit and run and UM cases for over 25 years and has successfully obtained full compensation for numerous clients.

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.

If the claimants failed to obtain legal title, they claimed the value of the shares from G in negligence.

In this case, counsel for the Secretary of State referred to the fact that consideration had been given to prosecuting the Claimant for his non-cooperation under s. 35 (3) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004: failing without reasonable excuse to comply with a requirement made by the Secretary of State to take specified action which the Secretary of State thinks will or may enable a travel document to be obtained by or for the Claimant which would facilitate the Claimant's deportation or removal from the United Kingdom.

Giambrone argued that equitable compensation should have been assessed at nil because nothing had occurred to trigger the obligation of the guarantors to pay out: even if compliant Decree 122 guarantees had been obtained, the claimants would be in no better position.

In David Brown v BCA Trading Limited & Ors [2016] EWHC 1464 (Ch) the defendant successfully obtained approval to use predicting coding despite resistance from the claimant.