Equally, an existing McKenzie friend can be removed from that role by
the court at any stage of the proceedings.
Not exact matches
A possible explanation for the
Court's silence might be that the issue was simply not raised
at any
stage of the legal
proceedings; not by the legal representation
of the EU citizens concerned, not by the referring
Court, not by the Advocate - General nor suo motu by the
Court itself.
In particular, as result
of Dove J's judgment, the costs cap must be set
at the permission
stage of the
proceedings; whereas previously it was understood that
at any
stage of the
proceedings the
Court could vary the costs cap.
In Chrome Resources S.A. v. Leopold Lazarus Ltd., the Swiss Federal Tribunal rejected a challenge that the arbitral tribunal had consulted an expert in the absence
of the parties, finding that the party's attempt to raise this objection
at the enforcement
stage was in bad faith and constituted an abuse
of rights.920
Courts in England, 921 Germany, 922 Greece, 923 and the United States924 have similarly barred a party from asserting any defect
of the arbitral procedure
at a later
stage if it had the opportunity to raise a reservation in a timely manner during the arbitral
proceedings.
The
court is to have regard to all the circumstances
of the case including: the withdrawal grounds relied on and whether or not new evidence has come to light which was not available when the admission was made; the conduct
of the parties including any conduct which led to the admission being made, any prejudice that may be caused if the admission is withdrawn and if withdrawal is refused, the
stage in the
proceedings at which the application to withdraw is made, in particular in relation to the trial date; the prospects
of success (if withdrawal) for the claimant; and the interests
of the administration
of justice.
One
of the key features
of its mission and unifying nomophylactic essentially aimed
at ensuring certainty in the interpretation
of the law is the fact that, in principle, the current rules do not allow the Supreme
Court to know the facts
of a case unless they prove by deeds already obtained in
proceedings in the pre-trial
stages, and only to the extent that it is necessary to know in order to assess the remedies that the law allows you to use to motivate an application
at the
Court.
● A PCO may be made
at any
stage of the
proceedings, on such conditions as the
court thinks fit, provided that the
court is satisfied that:
We are pleased now to join the English
proceedings at this
stage because the structure
of the future conduct
of the claims and defence will be determined by the
Court this week.
Yet, the Supreme
Court has held that even where the immunity plea is rejected on a preliminary motion, it may be raised again
at a later
stage of the
proceedings.
R. v. D.G. (2010) Charges
of domestic assault was withdrawn
at the early
stages of the criminal
proceedings in the Ontario
Court of Justice in Toronto.
The charges vary depending on which
court the defendant's case is sent to and
at what
stage of the
proceedings they are convicted.
The
Court in this jurisdiction should not
at this
stage of proceedings resolve disputes regarding the risk and extent
of harm, that would be an issue for the Jurisdiction that the children are returned to, if that is the outcome.
With respect to the Appellant's first ground, the
Court of Appeal found the argument summary judgment should not have been granted on the basis
proceedings were still
at an early
stage in their development «overlooks the direction provided by the Supreme
Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.),
at paras. 49 and 66, that summary judgment is to be granted where the record enables to motion judge to reach a fair and just determination on the merits and to do so in a timely, more affordable and proportionate manner.»
Notwithstanding that it had instructed Wilmer Hale, London - based solicitors who had represented it
at all
stages of the London - seated Arbitration and the related High
Court proceedings, the KRG refused to give Wilmer Hale permission to accept service
of the Claimants» application for a peremptory order, thus obliging the Claimants to serve that application in accordance with the slow and cumbersome provisions set out in section 12 (1)
of the English State Immunity Act 1978 and Rule 6.44
of the English Civil Procedure Rules (the «English CPR»).......
Defeating a challenge to the validity
of my client's late mother's will (on the grounds
of lack
of testamentary capacity and undue influence)
at an early
stage in the
court proceedings.
The
courts may also award relief
at the post-award
stage to restrain
proceedings that «challenge, impugn or have as their object or effect the prevention or delay in enforcement»
of an award (Shashoua v Sharma [2009] EWHC 957 (Comm)-RRB-.
104 (1) Subject to the provisions
of the Constitution, the Chief Justice may by order under his hand transfer a case
at any
stage of the
proceedings from any Judge or Magistrate to any other Judge or Magistrate and from one
court to another
court of competent jurisdiction
at any time or
stage of the
proceedings and either with or without an application from any
of the parties to the
proceedings.
We will also be charged by the
court at various
stages if we need to begin formal
court proceedings and there may be other payments
of this nature.
A decision from the
Court of Appeal means that many potential challenges to proportionality can be dealt with
at an early
stage of proceedings without the need for a full trial.
The new FPR 1991 r 10.28 (4) provides that
at any
stage of the
proceedings the
court may direct that a media representative shall not attend the
proceedings or any part
of them, where the
court is satisfied that exclusion:
At that
stage, the respondents filed OMP No. 255
of 2006 under Section 9
of the Act in Delhi High
Court for stay
of the arbitral
proceedings.