Sentences with phrase «claimants who»

Insurance companies doing business in Oregon must comply with a new law to provide information for claimants who owe child support.

Requiring evidence of a physical connection sets a standard that may prevent claimants who can demonstrate a continuing spiritual connection to the land from having their native title rights protected and recognised.

Requiring evidence of physical connection sets an unnecessarily high standard which may prevent claimants who can demonstrate a continuing spiritual connection to the land from having their native title rights protected and recognised.

Some state governments, however, were seen as reluctant to negotiate and enter into agreements with native title claimants who do not pass the High Court's Yorta Yorta requirements.

There is of no benefit from s47B to claimants who have been forced off their land by historical grants, and are therefore unable to occupy their land.

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.

We have been receiving many calls from new refugee claimants who are fleeing the United States.

As a result, contract claimants who seek attorneys» fees exclusively under section 38.001 now find themselves barred from recovering them.

«Stuart represents claimants who have suffered serious injuries at work or on the road, with notable expertise in head injury claims.»

From time to time in this industry we are faced with having to address claimants who feel they have been wronged, but whose situation does not fit within that of a recognized duty or standard of care.

Since the New Law took effect, companies are more exposed to claims for antitrust damages and face claimants who have a strengthened litigation position.

The litigation world outside commercial litigation is divided into two classes — claimants who are individuals of modest resources and their opponents — well resourced litigants, insured parties, corporations, local and central government.

In Bainbridge 1 the EAT upheld the tribunal's finding that it was unlawful not to extend pay protection beyond those actually losing pay under the new payment system in local government (the Green Book) to cover the claimants who had successfully claimed equal pay in relation to the pre-Green Book system and who would have lost money under the new system if they have been properly paid under the old one (see [2007] IRLR 91, [2006] All ER (D) 197 (Nov)-RRB-.

Assessing and distributing damages One of the burning questions under this heading circles around the issue of the equitable apportionment of damages between a group of claimants who have suffered varying degrees of loss.

Indeed, s. 15 only protected one class of claimants (refugee claimants who were excluded based on their country of origin).

«The insurance industry is fully committed to paying compensation to claimants who suffer from mesothelioma and other asbestos - related diseases.

Harbour's head of litigation funding, Susan Dunn, says: «We are increasingly seeing interest from claimants who can well afford the costs of litigation but want to share that risk and appreciate having us alongside them through the litigation.»

The extended option will be available to new EI claimants who apply for employment insurance parental benefits once the measure is in place.

His recommendation that success fees and premiums should cease to be recoverable is therefore balanced by looking at other ways of protecting claimants who clearly could not afford to risk the exposure to opponents» costs.

[t] he question of evidence has, in fact, been the critical dimension for claimants who experience chronic marginalization and popular resentment.

A second connected development is the advent of two provisions — CPR44.16 and s 57 of the Criminal Justice and Courts Act 2015 — that are concerned with personal injury claimants who act «fundamentally dishonestly».

It might be replied that insurers are unlikely to make use of the malicious prosecution tort on the basis that claimants who advance fraudulent claims will not usually be worth suing.

This gave certainty to claimants who were no longer at risk of the vagaries of the stock market or the ravages of inflation.

John acted for the claimants who made claims in defamation and malicious falsehood.

Insufficiency of the evidence in this regard, coupled with the fact that the Lord Chancellor retained discretion in exceptional circumstances to grant remission for those claimants who did not meet the remission criteria, meant that the arguments around affordability were not successful.

For 15 years, Mr. Ortiz and his team have been protecting the rights of professionals and other claimants who are being deprived of what they are owed, and he can fight for you, too.

The purpose of the fund was to compensate claimants who suffered loss due to misappropriation of funds by a member of the Law Society.

The case was then heard on 6th and 7th May 2014, when solicitors for the claimants instructed two counsel, one for Mr Holton who wished to contend that there had been a TU PE transfer and another for the remaining six claimants who felt there had not been a TU PE transfer.

The compensation claim involves six claimants who were detained at various locations, including Guantanamo Bay and Bagram in Afghanistan, alleging various forms of mistreatment.

Security for costs: overcoming a security for costs order can be a challenge for claimants who lack financial resources or would prefer to avoid cash collateralisation in foreign jurisdictions.

However, given the lack of evidence as to the numbers of potential claimants who might be forced to rely on the discretion, no further meaningful analysis could be conducted.

It also means that claimants who wish to take advantage of the different limitation provisions in the High Court (in general, better for standalone claims) and in the CAT (in general, better for follow - on) now have the option of starting claims in both jurisdictions and then seeking to consolidate them in the CAT.

Refugee claimants who happen to be from a Designated Country of Origin (The minister designates such countries at his or her discretion) will be denied healthcare entirely, except in the case where their illness poses a risk to public health and safety.

He has helped try cases as diverse as a multi-week medical malpractice trial involving the death of a three year old child and an arbitration against claimants who sought millions of dollars in property loss and punitive damages.

Bradley's past work includes successful claims for adult and child claimants who had suffered psychological injuries as a result of witnessing a gas explosion and its immediate aftermath.

At Woodsford Litigation Funding, we are proud of our role in providing access to justice for claimants who have been mistreated by bigger and richer defendants.

What this means is that claimants who are facing a dispute have the option to either proceed to a wait for mediation to take place, or issue a Statement of Claim if no mediation has taken place within 60 days of their request for one.

The litigation funding industry has established and paid for its own regulation and defined best practice, protecting claimants who seek the rational management of financial risk in litigation and arbitration.

However, statistics indicate that claimants who have legal representation, especially on appeals, win their benefits much more often than those who represent themselves.

Frequent claimants include claimants who had three or more EI / and or fishing claims and received over 60 weeks of regular EI and / or fishing benefits within the past 5 years.

The law allows designated claimants who make successful refugee claims to be released from detention; however it does not compel their release.

In an illustration of its travel - related personal injury expertise, Arion Jones is acting for the Freedom Travel Group in a multi-party action brought by seven claimants who suffered gastric illness, which involves complex issues of medical causation and quantum and a dispute between two defendants.

By the government's own admission, these are at least five different groups of refugee claimants who entered Canada over a period of several months.

If we had gone to trial, claimants who left their employment before September 30, 2014 would have been entitled to a small amount of interest.

The claimants who submitted their forms late have good excuses for doing so.

«By a 3:2 majority, the Supreme Court judges reaffirmed the previous line of authorities which provide greater access to justice through the English courts for English domiciled claimants who are seriously injured in a non-EU Member State.

He also held that it perpetuated a stereotype that refugee claimants from DCO countries are somehow queue - jumpers or «bogus» claimants who only come here to take advantage of Canada's refugee system and its generosity.

To start a witch hunt on an entire industry on the back of a small number of fraudsters misses a point — what about the large majority of honest claimants who would be forced to soak up prohibitively costly small claims proceedings, or else represent themselves, without the expertise required to develop a convincing case for the court?

According to the Social Security Administration, the majority of disability claims and appeals are denied; however, claimants who use a lawyer are more likely to win their claims than those who do not.

Today West Coast LEAF and CLAS received leave to intervene in Denton, an important case for ensuring that people navigating these systems — especially claimants who experience multiple layers of inequality — do not experience unreasonable barriers to accessing remedies based on alleged violations of Charter rights.