Second, there are common features to many of the types of critical date, such as failure to
commence proceedings within a time period, or failure to file an official document.
However, a specific policy addressing such a situation that allows the school to
commence proceedings upon the student's return would support subsequent action.
The claimants then
commenced proceedings against D alleging that, by demanding payment for the further strip, D had acted in breach of a shareholders» agreement requiring each party to use his best endeavours to promote BHL's interests.
From July 2007, changes to the Family Law Act will require that other than in special circumstances (for example, violence) clients will,
before commencing proceedings in the Family Law Court, have attempted to resolve their dispute in a Family Relationships Centre (FRC) or by other accredited dispute resolution services.
(see MATTER) A method
of commencing proceedings under the authority of a specific act of parliament, e.g. Landlord and Tenant Act, whereby the applicant asks the Court to grant an order in their favour
(5) Re RBG Resources plc (CA)[2003] 1 WLR 586 The Court was entitled to direct that directors of a company should be examined under s. 236 of the Insolvency Act 1986 by the liquidators of the company, even though the company (acting by its liquidators) had
already commenced proceedings for fraud against those directors.
This requires a judge to give due weight to the evidence and, according to Lord Hoffmann, whether the claimant «was for practical purposes disabled
from commencing proceedings by the psychological injuries which he had suffered».
Whilst minor departures are unlikely to result in an adverse costs order, costs sanctions have been imposed where the failure to comply with the Protocols has resulted in a
party commencing proceedings and / or costs being incurred where they could have been avoided.
The Real Estate Council of
Ontario commenced proceedings to strip Realtysellers of its broker registration because the conduct of its principal Stephen Moranis afforded «reasonable grounds for belief that he will not carry on business in accordance with the law and with integrity and honesty.
In December 2013, the
ACCC commenced proceedings in the Federal Court against Colgate, Cussons, Woolworths and Mr Paul Ansell, a former Colgate sales director.
Following his indefinite suspension by the NPP NEC for alleged constitutional breaches, Paul Afoko on December 7, 2015,
commenced proceedings at a Human Rights Court in Accra against the NPP and its first vice chairman, Freddie Blay; on grounds that his suspension, which was subsequently ratified by the National Executive Council of the party; was unconstitutional.
«The current Attorney General of Rivers State has in the exercise of the same constitutional powers by which the nolle prosequi was
entered commenced proceedings against Chidi Lloyd.
West
Tankers commenced proceedings in England seeking a declaration that, as the insurers were pursuing Erg's claim by virtue of the principle of subrogation, they were bound by the arbitration clause in the charter party.
Unfortunately, relations between the Weirs and Oak Leaf Conservatories broke down and Oak
Leaf commenced proceedings against the Weirs in the Technology and Construction Court in London for breaching the terms of their contract resulting in the contract coming to an end.
In this scenario, it will be all the more important for Claimants seeking to rely on an English jurisdiction clause to
commence proceedings without delay, and thereby pre-empt any attempt by one's opponent to obstruct the claim.
AMTF commenced proceedings against MMGR, based on the tort of inducing breach of contract seeking both damages and injunctive relief.
Stena — v - Westport: Chris was instructed by the Claimants in relation to this claim arising out of a joint venture agreement in which Chris» clients had to make an opposed application to the Commercial Court for the appointment of an arbitrator in circumstances where the Respondents had
wrongly commenced proceedings in the US.
W commenced proceedings with the aim of completing the sale made and auction and requiring the transfer to the purchaser to be registered and obtained orders leading to this in a claim firstly from Norris J and then from Asplin J. K continued to defend W's claim and also pursued a counterclaim challenging the validity of the loan and charge and seeking other relief by way of a counterclaim within those proceedings.
Golden Belt and the
Funds commenced proceedings in the Commercial Court arguing that BNP Paribas owed a duty to exercise reasonable care and skill to ensure that the promissory note was properly executed.
Pinsent Masons says that the prospect of withdrawing from the EU, following the result of the EU referendum, means that more claimants may want to
commence their proceedings while it is clear that EU law still applies in the UK.
Instead, through new lawyers,
Miller commenced proceedings against Garton Shires and Ison Harrison, claiming for the loss of his chance to recover substantial damages from Brown.
In May 2005, Neil Martin
Ltd commenced proceedings against HMRC for damages in respect of economic losses arising from its failure to process the application for a certificate with reasonable expedition.
A method of
commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved (divorce proceedings)
Based on inspections between May 2003 - Jan 2004, conditions have been in violation of the statutory requirements which warrant action to
commence proceedings for license revocation:
Parties are of course entitled to explore ADR at any time but there may be a benefit in considering a dispute resolution clause which requires the parties to either resolve specific issues by ADR or at least attempt ADR
before commencing proceedings.
(3) There was no application for custody or access of the children pending in any other jurisdiction at the time the mother filed her application in Ontario (the father and grandfather had
subsequently commenced proceedings in Egypt);
The UK already has a system in relation to competition law by which recognised consumer bodies may
commence proceedings on behalf of consumers for events such as price - fixing.
[65] There are indeed many decisions of this Court and the Court of Appeal, under the FLA and its predecessors, holding that a spouse who has
already commenced proceedings and obtained orders in a foreign court should generally not be permitted to bring separate proceedings in British Columbia addressing the same dispute.