Not exact matches
The information obtained in the course
of any examination or inspection shall be confidential, except in
civil or administrative
proceedings conducted by the Administrator, or criminal
proceedings instituted by the state.
For the purpose
of assuring orderly and fair
proceedings and to protect the basic
civil rights
of any accused person, the Board
of Directors shall adopt and print rules
of procedure and from time to time may amend these rules
of procedure not inconsistent herewith for the
conduct of such hearings, and such rules shall be binding upon the parties.
These include shareholder and partnership disputes; the investigation and pursuit
of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the
conduct and control
of companies; contract disputes; challenges to share sale consideration; and directors» disqualification
proceedings.
Although I'm not particularly preoccupied with legislation governing banks and corporations, I am concerned about the rules governing
civil proceedings and the law on domestic relations, personal taxation, government benefits and criminal
conduct, and it seems to me that a major goal
of law and justice reform over the next decade should be improving the accessibility
of the legislation and regulations most affecting individuals.
Years ago,
civil proceedings in California could be
conducted without the assistance
of a language interpreter.
Though using the language
of «iniquity», in the context
of civil proceedings, the Court
of Appeal nonetheless was clear that the impugned
conduct was as a type
of fraud (in this case, on the creditors), within the meaning
of section 423
of the Insolvency Act 1986.
These three types
of proceedings have different objectives: the objective
of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the
civil action is to seek compensation for damages; and the criminal prosecution is when the state seeks to punish the harmful
conduct.
Specifically in the context
of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery) 66 should prevent
civil recovery
proceedings from being pursued in parallel with criminal
proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such
proceedings being pursued in tandem with criminal
proceedings provided the
conduct that is the subject
of the respective
proceedings can be appropriately distinguished.67
In support
of this:
Civil Legal Aid (Procedure) Regulations 2012 governs the conduct of civil legal services including reg 38 (3)(emphasis added): «(3)... the Director must issue a separate certificate for each --(a) form of civil legal services for which the individual qualifies; and (b) set of proceedings to which a determination relates, unless the Director decides that the proceedings are so closely connected that they should be covered by a single certificate.&r
Civil Legal Aid (Procedure) Regulations 2012 governs the
conduct of civil legal services including reg 38 (3)(emphasis added): «(3)... the Director must issue a separate certificate for each --(a) form of civil legal services for which the individual qualifies; and (b) set of proceedings to which a determination relates, unless the Director decides that the proceedings are so closely connected that they should be covered by a single certificate.&r
civil legal services including reg 38 (3)(emphasis added): «(3)... the Director must issue a separate certificate for each --(a) form
of civil legal services for which the individual qualifies; and (b) set of proceedings to which a determination relates, unless the Director decides that the proceedings are so closely connected that they should be covered by a single certificate.&r
civil legal services for which the individual qualifies; and (b) set
of proceedings to which a determination relates, unless the Director decides that the
proceedings are so closely connected that they should be covered by a single certificate.»
Ms. Blitz is experienced in all aspects
of California and federal
civil procedure, including filing and responding to complaints,
conducting discovery, motion practice, alternative dispute resolution
proceedings, judgment enforcement and appellate practice.
She advises capital markets participants on regulatory matters and internal investigations, and provides representation in
civil and regulatory
proceedings and investigations
conducted by the Investment Industry Regulatory Organization
of Canada and the Ontario Securities Commission.
When a company under investigation is also involved in ongoing
civil proceedings (before a court or an arbitral tribunal) that relate to the
conduct under investigation, a party or the government may seek to stay those
proceedings pending the outcome
of the investigation.
He also represents securities issuers in matters before the SEC, advises companies
conducting internal investigations and represents companies in the coordinated defense
of parallel government and private party
civil proceedings.
It provides that the «record
of proceedings» in a matter that results in the conviction for a criminal offence under the Act (or a failure to comply with a Tribunal order) is «prima facie» evidence
of the alleged
conduct in a
civil action.
Specifically in the context
of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery)[86] should prevent
civil recovery
proceedings from being pursued in parallel with criminal
proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such
proceedings being pursued in tandem with criminal
proceedings provided the
conduct that is the subject
of the respective
proceedings can be appropriately distinguished.
Where a company subject to investigation is also involved in ongoing
civil proceedings (before the courts or an arbitral tribunal) that relate to the
conduct under investigation, the parties may seek to stay those
proceedings pending the outcome
of the investigation.
He has many years
of expertise defending all types
of criminal charges including DUI and is effective at handling plea negotiations, advanced motion practice, bail hearings, criminal trials, appeals, vacating warrants, post-conviction motions (including habeas corpus and other writs and petitions), regulatory investigations, post-conviction licensing hearings, applying for certificates
of relief from
civil disability and for good
conduct, commutation or expungement
proceedings, and mitigating other consequences resulting from a criminal conviction...
Chartered Institute
of Management Accountants — acting in the
conduct of substantial disciplinary
proceedings against members, including cases involving charges
of dishonesty arising out
of adverse finding in
civil proceedings.
Nor should the final rule conflict with established standards for the
conduct of administrative,
civil, or criminal
proceedings, including the rules regarding the discovery
of evidence.
Common examples
of such contempts are: publications which are intended or likely to prejudice the fair trial or
conduct of criminal or
civil proceedings; publications which scandalize or otherwise lower the authority
of the court; and acts which interfere with or obstruct persons having duties to discharge in a court
of justice.»
«It would be surprising if a claimant in
civil proceedings, who had to allege criminal
conduct as a necessary part
of his claim in rem, was not required to give the respondent and the court at least some particulars
of what that
conduct was said to be... It seems to me to be essential that if there is to be a fair trial that the respondent should know the case against him in sufficient detail to enable him to prepare properly to meet it.»
Justice Charbonneau writes a concise summary
of the case issues and their severity, provides some insight into the
conduct of the defendant and his supporters in court, and serves as a good tutorial on the guiding principles on costs, the nature
of submissions vs. pleadings, and the principle
of indemnity in Ontario
civil proceedings.
The evolving jurisprudence on the standard
of proof in the
civil context indicates that an allegation
of criminal
conduct in
civil proceedings is not sufficient in itself to require the criminal standard
of proof.
The provision would extend the powers and rights
of audience
of DCWs by enabling them to
conduct: - summary trials in magistrates» courts; - certain
proceedings in magistrates» courts, including
proceedings relating to offences triable only on indictment by a judge and jury at the crown court; - applications and other
proceedings relating to «preventative
civil orders» such as anti-social behaviour orders; and - certain
proceedings (other than criminal
proceedings) assigned to the director
of public prosecutions by the attorney general under the Prosecution
of Offences Act 1985, s 3 (2)(g).
Husband then sued both pro tem judge and Love (wife's attorney) for
civil damages, mainly claiming as damages the attorney's fees he incurred in the first round
of litigation due to Love's
conduct after previous
proceedings resulted in a consensus that the pro tem judge had judicial immunity.
Acted as counsel to a global financial services company in
conducting an internal investigation and
civil / criminal
proceedings for recovery
of a multimillion - dollar fraud matter.
Licensees shall also understand the
civil rights
of parties in legal
proceedings in which they participate, and manage their professional
conduct in a manner that does not diminish or threaten those rights.