Sentences with phrase «decision of the case management»

[14] On this appeal, the appellant has not identified an error of principle in the decision of the case management judge.

The Court of Appeal has determined that the decision of a case management judge to refuse a settlement is an interlocutory order.

Not exact matches

We bring together member, provider, and payer pharmacy case / care management staff with our own pharmacy and case / care management staff to facilitate the type of information sharing and decision - making that ultimately yields the best clinical and financial outcomes.

let's face it, everyone and his brother has known what our deficiencies have been for several years, so why can't our management team seem to identify our weaknesses and aggressively target the necessary additions... the only plausible answer is we aren't willing to pay even close to market value for the players we clearly need and if we do actually get to the table we seem to make insulting bids that simple infuriate the team in question... for years Wenger has said he couldn't find any world class players to fill our voids, which seems to suggest that he thinks we currently have upwards of 40 world class players on our existing roster... if that is the case he should never be in charge of making personnel decisions... buying late in the window is so problematic, for obvious reasons, and especially since this year was supposed to be different (sarcasm)

I think we can look to his reluctance to promote Gibbs over Clichy as a case in point as to how team management can suffer from week to week as a result of such a bias, and surely the same bias negatively affects decisions on acquisition and disposition of players over the long term.

The Electoral Commission Chairperson, Charlotte Osei, has defended the decision of the election management body to accept the filing fee of the Progressive People's Party (PPP), saying the Commission accepted the filing fee because they assumed the party was no longer interested pursuing the case in court.

In these cases, the preservice teachers based their decisions on their knowledge of behavior management tactics in conjunction with observations of students» social and technical skills while using an app.

The goal of this report is to assist organizations in thinking through the technological decisions and business case for the right learning management system.

In addition, to facilitate the use of these materials, the case includes an issues matrix with links to video clips and text organized around three sets of issues — mathematics concepts and connections, teacher decision making, and classroom management.

Anysia Peni Mayer, University of Connecticut Morgaen L. Donaldson, University of Connecticut Kimberly LeChasseur, University of Connecticut Anjalé D. Welton, University of Illinois at Urbana - Champaign Casey D. Cob, University of Connecticut Negotiating Site - Based Management and Expanded Teacher Decision Making: A Case Study of Six Urban Schools Educational Administration Quarterly 2013 49:5, 695 — 731

In this thesis, the ideas and concepts of Corporate Real Estate Management (CREM) are examined in terms of the contribution they could make to the process of accommodation decision by using recent cases in Dutch hospitals.

Client Behavior: A Case Study For a more focused investigation of clients» market timing decisions, we looked at a highly reputable asset management boutique with a long track record in value investing.

Our panel of experts will go beyond the buzz words and delve into what wind farm operators can actually do with all that data to make better decisions.The first part of the session focuses on data management and decision making, while the second zeroes in on specific case studies where overlooked data was analyzed with significant results.

I am however prepared to make an award of costs significantly higher than the tariff to send a strong message to the mother that her disregard for the rules of court and the meticulous timelines set out at the case management conferences and her unilateral decision to fail to appear at the March 1, 2013 Hearing are totally unacceptable.

I suspect that the real heavy lifting in enhancing access to justice is a matter of procedural reform — specialized decision - making bodies with extremely simplified procedural rules for specific civil law issues (something that actually already exists in certain areas such as Landlord / Tenant, but could be further improved upon), wider permissions for over-the-counter motions, fewer unnecessary court appearances, fewer procedurally - mandated appearances (e.g., going from a Case Conference to a Settlement Conference to a Trial Management Conference, and possibly further, before you can get to a family law trial), and so on.

This week on the legal - affairs podcast Lawyer2Lawyer, we discuss the recent Supreme Court decision Sprint / United Management Co. v. Mendelsohn, involving the admissibility of «me too» evidence in employment discrimination cases.

It should be noted however, that this was principally in the context of a case management decision to limit initial disclosure, rather than elevation of the issue of the agreement to a preliminary issue.

The recent decisions of Re JL and AO (Babies relinquished for adoption)[2016] EWHC 440 (Fam), [2016] All ER (D) 77 (Mar) and Re RA (Baby relinquished for adoption: case management)[2016] EWFC 25, [2016] All ER (D) 139 (May) highlight the approach of the court in situations where foreign nationals give birth in England and relinquish their child for adoption here.

Although the facts of the case are limited to Gerard Comeau's ill - fated trip home to New Brunswick after he filled his trunk with cheap beer from Quebec, the court's decision could have has much larger implications for the supply - side management of poultry and dairy.

Recent cases include: Axiom Litigation Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Nevis.

In a decision in Covelli v. Sears, 2012 ONSC 2437, Master Haberman used a motion on the issue of Case Management to give a nice history of Case Management in Toronto, as well as a not so subtle shot at the lack of resources faced by Masters in Toronto these days.

When we opened our doors back in 2012, it was just Betsy and I and it was distributed in the sense that she was in D.C. at the time and I was in South Carolina and so the decisions that we were making in terms of the back office needs of the firm, time keeping and file management and even faxing and telephones all had to be through systems that would work with having two people in two physically different locations, and it was sort of very much when people found out that we had opened our doors it just kind of exploded and existing clients grew and started referring in areas that we didn't previously have clients, or cases, in and we would have to hire more people to staff those cases and the more people came with additional bars and then clients found out about those bars and then they gave us cases in those states and so it sort of has just grown.

A few changes should be noted with regard to appeals, particularly in the reduction of time limits available for parties to respond to an appellate brief (article 373), and the limits placed on the subjects and judgments which may not be the subject of an appeal (article 32), such as case management decisions.

Lewis Silkin discuss the case of Capita Customer Management Ltd v Ali and the recent decision by the Employment Appeal Tribunal (EAT) that it is not sex discrimination to refuse to pay a father full salary during shared parental leave.

The case management judge failed to consider whether Mr. Pintea had actual knowledge of two of the three Orders upon which she based her decision.

An early and realistic appraisal of any case is essential to allow well informed decisions as to its merit and commercial value but imposing the requirement to do that «up front», as part of a formal pre-action protocol procedure or through early stages of a court - driven case management system, is not always the most efficient way to achieve it, particularly in larger cases.

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While such process reforms could address some of the issues raised by these recent decisions, it is worth noting that Manitoba does have a unified family court and mandatory case management processes are already in place in the Family Division.

Identifying the issues and making informed decisions on matters such as the extent of disclosure or evidence, without being wholly reliant on the parties» submissions on these matters, is key to robust and practical case management.

The case concerns a dispute over the control and management of the Territory's French language education system and is the first time in over a decade that the SCC will render a decision on the scope of minority language education rights in English Canada....

Lord Woolf arguably supplied a judicial tool - kit with many if not all of the tools required to make robust decisions on case management, including cutting cases down to size where appropriate.

This decision made in respect of a failure of lawyers to file a costs» budget — the opportunity to claim costs was effectively lost at the outset of the litigation by the failure to submit the costs» budget — is the touchstone for legal advisers and their clients in understanding the attitude of the courts to failure by a party to adhere strictly and accurately to the requirements of case management set out in the rules, practice directions, and the tailored orders of the court in the individual case.

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

A majority of the Court of Appeal (Justices Bruce McDonald and Barbara Lea Veldhuis) upheld the case management judge's decision striking the appellant's statement of claim in relation to a motor vehicle accident and issuing an order for costs against him.

Some flaws are structural; others involve poor management of the judiciary as a whole and of individual courts and judges; a third set concerns «deficiencies in how federal judges decide cases and justify their decisions in judicial opinions,» including a mechanical formalism and an unwillingness to confront openly the task of solving complex problems.

Edward Denehan successfully appealed to the Upper Tribunal (Lands Chamber) against a decision of the First Tier Tribunal refusing to allow a landlord to recover litigation costs against a tenant under an indemnity clause in a long lease in a case where the FTT had awarded the landlord part of its costs under rule 13 (1)(b) of the Tribunal Procedure (First - tier Tribunal)(Property Chamber) Rules 2013: 87 St George's Square Management Ltd v Michael Henry Anthony Whiteside [2016] UKUT 438 (LC).

Surprisingly, the law is not on the side of the employee in cases where an employer's directive is intentionally disregarded — even if the employee had good reason to believe the directive was a poor management decision.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.

(2) The judge or case management master may direct that the parties, or a representative of the parties responsible for making decisions regarding the proceeding and instructing the lawyer, attend the conference personally or be available by telephone.

In a recent case (Essar Oilfields Services Ltd v Norscot Rig Management PVT Ltd [2016] EWHC 2361 (Comm)-RRB-, the High Court upheld an arbitrator's decision to award a party its third - party funding costs as part of an award on costs.

In a short decision released on August 7, 2014, in the case of MGDC Management Group v. Marilyn Monroe Estate, the Ontario Superior Court of Justice ruled that the Act did not apply to the relationship and that the agreement was not a franchise agreement within the Act.

The ability to look specifically at questions of budget and spend, to develop spend management initiatives and to make the hard decisions about moving forward with a case or a matter is crucial.

While consideration of costs has always been a part of the case management process for many litigators, the reforms have introduced a far more rigid process with teeth, best seen in the Court of Appeal's decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 2 All ER 430.

[17] In his written material contained in the Defendants» motion record, Mr. Fancy argues that I ought to recuse myself from continuing to be the case management judge because of bias and he cites three main reasons: that my decision on the applications was wrong; that I failed to deal with the fact that MS has launched both applications and claims for the same relief; and that when I was a lawyer more than ten years ago, I was connected with a crime, specifically, a break and enter involving Mr. Fancy's client.

Case law has also demonstrated an array of severe or apparently inconsistent decisions or where the judge has unhelpfully declined to make any order in respect of costs (please see the sub-section «Costs Management Case Summary» below).

In the case of Capita Customer Management Limited v Ali the Employment Appeal Tribunal («EAT») reversed the decision of the Employment Tribunal («ET») and ruled that an employer did not directly discriminate against men on grounds of sex by refusing a new father enhanced pay whilst on shared parental leave whilst female employees received enhanced maternity pay for the first 14 weeks of maternity leave.

Giving the lead judgment, Lord Sumption acknowledged that although litigants in person are often representing themselves through no choice of their own due to the well - publicised stringent cuts in legal aid over the last eight years, whilst the Court may be able to make allowances in respect of case management decisions, a lower standard of compliance with Civil Procedure Rules or Orders of the Court could not be justified.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

While, as we have noted, the CMD 2 proposals contain some measures to mitigate market power on an ex ante basis the MSA will have additional jurisdiction both to monitor the AESO's efforts to limit the exercise of market power as well as ex post authority to sanction behaviour in the capacity market that fails to live up to the FEOC principle, much as it can in the energy market: see Market Surveillance Administrator allegations against TransAlta Corporation et al., Mr. Nathan Kaiser and Mr. Scott Connelly, AUC Decision, 3110 - D01 - 2015 and see also a recent case management decision dealing with a class proceeding relating to this matter Carlson v Transalta Corporation, 2018 ABQB 343 (Decision, 3110 - D01 - 2015 and see also a recent case management decision dealing with a class proceeding relating to this matter Carlson v Transalta Corporation, 2018 ABQB 343 (decision dealing with a class proceeding relating to this matter Carlson v Transalta Corporation, 2018 ABQB 343 (CanLII).

* An unbiased overview of current legal technology products * Updated hardware and software recommendations for Windows and Mac - based systems * Step - by - step instructions for making sound technology decisions * How to choose the right operating system and software for your office, including case management applications, billing systems, and document management solutions * Determining what you need to go wireless * How to protect your firm from security threats, including viruses, spyware, and spam