Sentences with phrase «court as a last resort»

Take the offending driver's insurance company to small claims court as a last resort.

In this series of notes on family justice, I have explored a variety of alternatives, from shifting responsibility in family law disputes out of the courts and onto the families themselves, to a partially computerized system that would reserve court as a last resort, to an administrative model that would remove family law from the court system altogether.

Not exact matches

He used it in the case of the California grape - pickers «boycott as a last resort, after every other approach, including recourse to the courts, had failed.

The bill fails to deliver the promises we were offered by the leadership in their amendment to the September motion calling for secret courts to be used «only as a last resort».

«The Assembly feels so strongly regarding the utter disruptiveness of an August primary that should this Court order one, we would then, as a last resort, be compelled to advocate for a separate state and local primary for September.»

After this third defeat, the Government decided not to oppose a further set of amendments tabled by opponents of the Bill, including ones saying secret trials would be used only as a last resort, and only if the court was unable to use an existing secrecy mechanism, the public interest immunity system.

A last resort appeal to the Venezuelan Supreme Court (TSJ) by the opposition was similarly rejected in early August, as it too upheld the official CNE tally.

The last thing you'll want to have to do is file a case in small claims court, but this last resort effort has proven to be a very effective strategy as well.

These methods include applying to have money taken straight out of your wages or benefits, making you bankrupt, securing the debt on your home or, as a last resort, asking the court to commit you to prison.

Blazing new ground in a destination emerging as a high - end alternative to nearby Nha Trang, the independently owned and operated 117 - villa and 96 - room resort celebrated its grand opening in April last year, cutting the ribbon on a host of world - class facilities including three restaurants and three bars, a ballroom, conference facilities, water sports centre, yoga room and deck, tennis court, gym, three swimming pools and more.

Stage 0 encourages the parties to view the court process as a last resort and provides free sources of legal advice and information, while stage 0.5 involves a short exchange between the parties to ascertain whether there is actually a legal dispute.

As a last resort the court may consider making an order transferring residence of the child (since 22 April 2014, now a CAO specifying with whom a child is to live).

Proceeding through the Courts should be used as the last resort and pre issue correspondence should always be entered into.

A court application may be a possibility but keep in mind that court proceedings create tension for everyone (including your child who loves both of you) and should be viewed as a last resort.

If torture is going to be administered as a last resort in the ticking - bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.»

The efforts by legislators in Arizona and Georgia appears to be part of a larger national trend to alter the number of justices on courts of last resort as detailed here.

Parties are expected to consider courts and tribunals as a last resort to be used in proportion to the nature, time and cost involved, complexity and purpose of the application.

As recognised in the recent Nuffield Foundation / Universities of Warwick and Reading report How do County Courts share the care of children between parents (June 2015) there is a role for the courts, as a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professionalAs recognised in the recent Nuffield Foundation / Universities of Warwick and Reading report How do County Courts share the care of children between parents (June 2015) there is a role for the courts, as a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professiCourts share the care of children between parents (June 2015) there is a role for the courts, as a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professicourts, as a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professionalas a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professicourts and other professionals.

The success of mediation is heartening — the resolution of family law disputes through the courts has always struck me as an option of truly last resort — however mediation generally comes at a cost, whereas litigating in the provincial court is usually free.

But nowadays the German Supreme Court is also responsible for tenancy law cases as the third and last resort.

Collaborative Divorce has become more common here in Tampa Bay as families and attorneys realize that the court system should be seen as a forum of last resort, rather than first resort, to resolve personal issues.

In this sense, the Court seems to have implicitly confirmed that Art. 4.2 TFEU represents a clause of last resort that allows an exception to the application of the Treaties only when it is not possible to make recourse other provisions such as Art. 6.3 TEU (namely, when at stake there is not a fundamental right, as could be — for instance — the case in the application of an exception to the «strict conditionality» which follows the implementation of the economic and financial measures enacted to counter the economic crisis).

There is no court in any country which is invested with such high powers as this: the constitution has made it the tribunal of the last resort, for the decision of all cases in law or equity arising under it.

The vast majority of states either place the membership directly into the constitution (24 states), as Georgia currently has, or the membership is set by the state's supreme court / court of last resort via court rule (10 states).

However, Jennifer attempts to take a reasonable and family - focused approach and sees the court system as a last resort.

Any serious dispute as to whether a package of care is in the best interests of a person should be resolved by the Court of Protection in the last resort.

Justice Skarica declined to exercise this «forum of necessity» or «forum of last resort» exception, since the plaintiff had the opportunity to bring a simultaneous claim in the New York courts before the limitation period expired, as well as an opportunity to have this court's jurisdiction determined prior to the expiry of the New York limitation period, but the plaintiff elected not to do so.

Court will always be seen as the last resort; however, we have extensive experience of handling international Court cases which require attendance in the UK and international Courts.

Going to court is always a last resort and we aim to resolve education disputes as quickly and without the need to go to court wherever possible.

The Courts will continue to be viewed as a resource of last - resort for those experiencing family law issues; and, mediation, arbitration and other forms of dispute resolution will continue to increase in demand by the public as they are far less destructive to the family and are more economical.

Although we pride ourselves as effective litigators, we believe that the prevention of commercial disputes makes business sense and court action should always be a last resort.

The Quebec Court of Appeal considered the matter, and accepted the Superior Court judge's application of McNeil that a recalcitrant husband could be jailed, as a last resort (ignoring, completely, the fact that the Court found in McNeil that the husband's contempt went far beyond simply not paying the Judgment).

The ease of publishing on the web means that comments about trial level decisions can show up in the first 10 google hits as easily as comments about tomorrow's court of last resort decision.

«It is essential that the Law Lords, as the court of last resort, should not even be perceived to have prejudged an issue as a result of communications with the executive.»

In the court's view there can be no legal gap between health and social care provision provided by the local authority under NAA 1948 «as a last resort» since «the secretary of state has put in place a structure which requires the PCT to take account of the social services authority's statutory competence so that the resulting decision will define the services which the social services authority is obliged to provide».

A person (usually a barrister or solicitor) appointed by the Lord Chancellor as i) Trustee for Trusts managed by the Public Trust Office; ii) Accountant General for Court Funds; iii) Receiver (of last resort) for Court of Protection patients

Taking the wrongdoer or an insurance company to court would be a last resort as this can be very costly and time consuming.

Update: Ericsson's statement to TechCrunch — Xiaomi were unfairly using their SEP i.e. Standard Essential Patents, they tried communicating with Xiaomi for the same for more than 3 years and as a last resort asked for an injunction from the Court.

Should family court intervention and professional counseling prove ineffective, the realistic option of civil legal action, as a last resort, should be made available in all states as a significant deterrent of future parental alienation behavior.

As a last resort, you or your ex-partner can apply to the courts if one of you believes they need short - term financial support.

In discussions with Judge LaRose, I have learned that he believes most families should try to resolve issues related to divorce outside of court, and that they should only resort to a judge imposed decision as a last resort.

As a last resort, you can use the courts or the statutory child maintenance service to arrange child maintenance.

Collaborative Divorce has become more common here in Tampa Bay as families and attorneys realize that the court system should be seen as a forum of last resort, rather than first resort, to resolve personal issues.

Gelman says her law firm takes a collaborative approach to all separation and divorce issues, meaning court is used as a last resort.

A solicitor could also help you negotiate with your ex, or as a last resort, your case may need to go to court.

«We hate to go to court, but we will as a last resort,» says Patt.

The court based this conclusion on the following facts: (1) other brokers attempted to impose punitive commission splits (as opposed to normal 50 - 50); (2) other brokers made disparaging comments regarding Action (i.e. that it was not reputable, did not do a good job selling its listings, etc.); (3) other brokers stated that they would show Action homes only as a «last resort» or would «avoid them like the plague»; and (4) one broker stated that Action would not survive for long because other brokers were going to drive Park out of business.

The problem with AP is that it's the tool of last resort as its time consuming, ever more difficult due to court - required noticing issues and a myriad of other problems that occur.

Keep this option as a last resort as the court will want to see that you've tried everything else possible.