Sentences with phrase «costs applications against»

Overlapping areas of work are financial services, sports law & discipline, professional negligence claims, partnership disputes, boardroom disputes and aspects of costs law, including wasted costs applications against solicitors and barristers.

Not exact matches

An Ontario Court of Appeal justice has warned against «summary judgment at all costs» in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

«In our application we note that if not for the generosity of the public, Aisling would not have been able to pay the draconian costs against her.

After the judgment, the EFCC lawyer, Idris Mohammed, urged Justice Hassan to award a cost of N5m against Ogungbeje for wasting the judicial time of the court with his application.

Topics in the Q&A included the source of money for the City's planned pre-K advertising campaign, the City's target number of pre-K applicants, whether Speaker Silver thinks the proposed income tax surcharge should be pursued next year, how the pre-K selection process will work, how the City will cover the approximately $ 40 million annual gap between the estimated cost of pre-K and the amount provided in the state budget, when parents will learn whether their pre-K application has been accepted, how the City will collect data and measure success of the pre-K program, whether the existing pre-K application process will be changed, how the City will use money from the anticipated school bond issue, the mayor's reaction to a 2nd Circuit ruling that City may bar religious groups from renting after - hours space in public schools, the status on a proposed restaurant in Union Square, a tax break included in the state budget that provides millions of dollars to a Bronx condominium project, the «shop & frisk» meeting today between the Rev. Al Sharpton and Police Commissioner Bratton and a pending HPD case against a Brooklyn landlord.

A HELOC can also be a good option if you plan to borrow smaller amounts over a longer period of time, just remember to weigh the benefits of borrowing money against the costs of closing a loan, which may include application, appraisal, and title fees.

In Turner v. Andrews, the Court of Appeal upheld the dismissal of an application for prospective costs brought by approximately 189 members out of some 14,000 to 15,000 employees against the trustees of their pension plan.

The court awarded special costs against the Public Trustee even though it was found that the Public Trustee made the application in good faith.

At the eventual hearing the judge held that the application was unjustified and then made a costs order in BDO's favour but against DLA, not its client.

Bill of Costs Bill of Costs (Tariff Items) Consent Form 18 Requisition — General Form 41 Subpoena Form 52.2 Certificate Concerning Code of Conduct for Expert Witnesses Form 80A Affidavit Form 91 Direction to Attend Form 124A Notice of change of solicitor Form 146A1 Affidavit of service Form 146A2 Affidavit of service — Personal Service Form 146B Solicitor's Certificate of Service Form 149 Tender of Payment into Court Form 171A Statement of claim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Witness

This case relates to whether a solicitor acting for an applicant can be found personally liable to pay the costs of the respondent following the court's refusal to grant an application to issue a witness summons against the respondent.

As to when the application should be made, it is not necessary to make it during the main proceedings and it is not unusual for applications to be made once a party has established that it is unable to enforce its costs order against the original party.

The matter was thereafter adjourned pending an application by the insurers (added as second defendant) to seek wasted costs as against the claimant's solicitor.

The findings against Mr Khan in the primary claim were not admissible against him in the hearing for the costs order application because he did not have sufficient proximity to the primary claim: he had neither funded nor controlled it.

Parallel proceedings against Cayman Island domiciled funds and an application for security for costs against the claimants.

There can be no doubt that the Court of Appeal's warning against opportunism and the threat of the imposition of heavy costs sanctions for the unreasonable refusal of extensions or the unreasonable oppositions of applications for relief will make practitioners think twice.

Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiff.

In Chilab v King's College [2013] EWCA Civ 147, [2013] All ER (D) 352 (Feb) the Court of Appeal held that an application for security for costs against a non-party could only be made against a third party funder, that is someone who had contributed or agreed to contribute to the claimant's costs in return for a share of any proceeds.

During the Mitchell case the court ordered Saudi Arabia to pay the costs of an application which was decided against them.

In the result the application for judicial review was dismissed, with costs of $ 4,600 inclusive of disbursements and taxes awarded against Ms. Flatt.

Arbitration — Claim in arbitration rejected and costs awarded against claimant — Appeal against arbitration award for serious irregularity — Application by defendant for security for the costs of the application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68 (2)(d), 70 (5) Application by defendant for security for the costs of the application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68 (2)(d), 70 (5) application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68 (2)(d), 70 (5) and 70 (6).

She is now precluded from instituting any new action of any nature or court proceeding of any nature in any court in Ontario, including small claims court, and she is precluded from bringing any further or fresh step in any existing action without the consent of a Superior Court judge, which consent will only be granted after the plaintiff makes an application for it, and provides proof that she has paid $ 40,000 of the more than $ 50,000 in cost orders that have been made against her to date.

The case of A.S.P. v. N.N.J. dealt with the mother's Application for special costs against the father.

SHF issued proceedings against D, but went into administrative receivership, and was forced to discontinue because it had no funds to provide the security for costs which it was ordered to pay on D's application.

Will a costs award against an inmate be effective at discouraging other inmates from making unmeritorious applications?

(2 sets of BSB proceedings struck out; application for costs; Baxendale - Walker criteria; Costs awarded againstcosts; Baxendale - Walker criteria; Costs awarded againstCosts awarded against BSB)

The Alberta Rules of Court, Alta Reg 124/2010 direct that the successful party to an application is entitled to a costs award against the unsuccessful party (Rule 10.29 (1)-RRB-.

In Cunningham v. Slubowski, 2004 BCSC 1204, Madame Justice McKenzie, as she then was, following a 20 day trial, heard an application for costs, including special costs, against counsel.

The fact that the dominant, if not overwhelming, focus of the defendant's application is an order for special costs against counsel is patent from the submissions of the parties as well as from the materials and authorities that each has filed...

[13] The real issue, instead, is who should hear an application for costs, following a mistrial, when the dominant focus of that cost application is an order for special costs against counsel for the party that caused the mistrial.

Justice Metivier dismissed both applications and invited the parties to provide her with written submissions on the issue of costs.3 The Township, in conjunction with its written cost submissions, brought a motion against Mr. Bickley seeking an Order requiring him to pay costs personally.

Mr. Ackerman's portion of the presentation focused on recent developments in class action litigation against insurers, including cases involving depreciation of labor costs, depreciation in California, application of deductibles, diminution in value on property insurance claims, Connecticut faulty concrete foundation litigation, and auto insurance cases involving the Medicare Secondary Payer Act.

This reality, when combined with the fact that the Tribunal lacks the power to award payment of legal costs, has meant that applicants» victories may appear to be hollow when the time, effort, cost and risk of pursuing a human rights application is weighed against the resulting award of damages.

Beaver Lake Cree Nation filed an application for Advance Costs in its constitutional challenge against Canada and Alberta.

(a) The CSSG's costs of its application for disclosure against the Macfarlanes Defendants; and (b) The costs of the Macfarlanes Defendants occasioned by the CSSG's application for expert evidence.

The insured obtained judgment against Intact on the coverage issue on a summary trial application and subsequently made an application for special costs.

Employers who refuse to accommodate disabled employees because of relatively modest inconvenience or additional cost will not be well placed to defend against a human rights application.

Unfortunately for the lawyer, the Divisional Court had no jurisdiction to hear her application which resulted in her application being dismissed and an additional $ 5,000 in costs being awarded against the lawyer.

Second to the police; that applications for warrants especially against defence solicitors are matters which require considerable care and as the Serious Fraud Office has learnt to its cost in the litigation brought against it by the Tchenguiz brothers, need rigorous compliance with the proper procedures.

R (on the application of Lonsdale) v Bar Standards Board [2014] EWHC 4353 (Admin) Whether a disciplinary tribunal had power to make a costs award against an unsuccessful defendant, where the costs in question were those of the tribunal itself

Did the application judge err in awarding costs against Marjolein and not the estate, or err in the amount awarded?

The unit owner brought a separate application seeking an order that the lien for legal costs which was registered against the unit, be vacated.

If the creditor refuses to withdraw and a successful application is the made to set aside the demand, a hefty costs order will usually be made against the creditor.

He was also ordered to pay costs of his failed application to the Court of Appeal (Lord Phillips MR, Sedley and Hale LJJ)[2001] EMLR 394 for permission to appeal against the jury's verdict.

Holding: Appellants awarded costs of the underlying application fixed at $ 51,885.55 against DeJong and $ 14,017.23 against the Condos.

The respondents sought their costs of the application on a substantial indemnity basis against Ms. Masgras personally.

Accordingly, the appellants were entitled to their costs of the application fixed at $ 51,885.55 against DeJong and $ 14,017.23 against the Condos.

Such expenses include the costs for notarizing fraud affidavits; certified mail sent to law enforcement, financial institutions and credit agencies; lost income resulting from time off work to meet with law enforcement or credit agencies; loan application fees for reapplying for a loan; and reasonable attorney fees incurred to defend lawsuits brought against the insured and to remove criminal or civil judgments.

Jad Mubaslat, the founder of the bitcoin trading platform BitQuick, also protested against the application costs:

(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a child maintenance order in relation to a child on the application of a person (the applicant) against, or in favour of, a person (the respondent) if an application could properly be made, at that time, by the applicant under the Child Support (Assessment) Act 1989 for the respondent to be assessed in respect of the costs of the child, or vice versa.