Sentences with phrase «defence to the claim»

Our extensive contacts in the medical, accounting, investigation, and forensic engineering fields ensures that, when called for, the most complete defence to a claim possible will be provided.

In Crocker v. Sundance Northwest Resorts Ltd, the Supreme Court confirmed that a contractual waiver clause can serve as a full defence to a claim in tort if the injured plaintiff signed the waiver in full knowledge of the waiver's intention to exempt the defendant from liability.

The successful defence to a claim brought against developers by contractors in respect of a development project

Drafted Defence to claim for possession of a business premises on the grounds of breach of a covenant against alienation

This is only possible in very limited circumstances, such as if you did not know about the decree because you did not receive the court papers and you have a valid defence to the claim.

The works pose a strong defence to any claims that Poliakoff's abstraction — and all abstraction for that matter — is nothing but the visual reification of the random.

16 York points to the Important Notice found in the 1995 - 1997 Undergraduate Program Calendar as an absolute defence to any claim arising out of the strike.

Defences to the claim based upon mutual and unilateral mistake, and various pleas of estoppel, were rejected by Mr. Justice Arnold.

Although the Defendant conceded that the liability of their employees caused the act, they claimed the waiver provided a complete defence to the claim.

A spokesman for the Christian singer said: «Sir Cliff's lawyers have made him aware of the fact that the BBC has filed a defence to the claim on the date expected.

Instead of coming up with a defence to claims he could no longer lead the party, he went along to the East Finchley Lot Association's annual get together for members.

Nor is suspicion that that may be occurring a defence to the claims litigated at this trial.»

If you have put in a defence to the claim, then the creditor will need to show the court a good reason why they have gone ahead and issued a statutory demand on a debt that they know you have disputed.

The fact that the child was not wanted by him and that Darnell's conception was a surprise to him is not a defence to this claim.

The Courts Service has embraced this technology by introducing Money Claims On - Line, and Possession Claims On - Line, which allow the issue of certain types of claim, and defences to those claims, to be dealt with on - line.

Employers have a defence to a claim if they can show that they took «all reasonable steps» to prevent the harassment taking place.

But reasonable excuse will be a defence to a claim and the court must take into account the fi nancial circumstances of the person who has breached and, again, the welfare of the child.

The issue was whether the principle provided a defence to a claim brought by a company involved in a fraud, against a third party, in respect of losses suffered as a result of the fraud.

The case had been before the Court of Appeal three times in 1999 and 2000 and involved points on illegality, whether contributory negligence is a defence to a claim in fraud, the liability of a company director for fraud and the assessment of damages in deceit.

Limitation provisions provide a defence to the claim; they do not go to jurisdiction.

The set - off for which the section provided was not the legal or equitable set - off which provided a defence to claim and which did not involve an exercise of discretion.

Investment Dar Co KSCC v Blom Development Bank SAL Ref: [2009] EWHC 3545 (Ch) Acted for the defendant investment company in a case that established the defendant's arguable right to rely upon a breach of Sharia law as a defence to a claim in England.

This has the potential of providing a defence to a claim of automatic unfair dismissal.

A very real issue facing many claimants is ensuring that they bring their claim before expiry of the relevant limitation period because if they miss the deadline then the defendant can have a complete defence to the claim.

Either party may apply to the Court suggesting that the other's claim is without foundation and swearing, on an affidavit, that they can think of no fact that might form a basis of the claim or a defence to the claim, as the case might be, except for the amount.

Truth It is a defence to a claim for defamation if the statement is «substantially true».

On the facts, this was not a defence to a claim for equal pay in 2008.

As Kathryn also has a civil practice she was able to draft the defence to this claim and advise the local authority on settlement and costs.

On 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courts.

Whether a sum is liquidated and whether there is a defence to the claim are separate issues, and the first must be determined before the second is addressed.

Whether a sum was liquidated and whether there was a defence to the claim were separate issues and the first had to be determined before the second was addressed.