Sentences with phrase «determined by the court»

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and / or unenforceable, the other provisions will continue in effect.

Justice Okon Abang who ordered the production of Dasuki in court however said that the ex-NSA may not be compelled to testify in the trial until his motion, praying for adjournment is fully determined by the court.

He also supported the call for Daura's arrest and called for indefinite adjournment of the trial pending when Dasuki's motion would be determined by the Court of Appeal.

He is seeking to be reinstated as a police officer and to be awarded back pay for missed time, as well as other relief determined by the court.

According to Abunde,» there is an elected member representing the constituency to be split into two, the commission opined that the case determined by the Court was neither a Pre - Election matter involving candidate nor one of election petition tribunal or appeal.

If any provision of these terms is determined by a Court of competent jurisdiction to be invalid or unenforceable in whole or in part, the validity and the enforceability of the remainder of the provision in question and of the remaining provisions of these terms shall be separate and several and construed and enforceable accordingly and shall continue in full force and effect.

They also warned of «educational chaos» if virtual schools are approved and «the agency's actions are later determined by the courts to be unlawful.»

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

If any litigation or other proceeding is brought by either party in connection with this Agreement or CRA's services, the prevailing party in the litigation or other proceeding is not entitled to recover from the other party all costs, attorneys» fees and other expenses incurred by the prevailing party in the litigation, as determined by the court.

Instead, it will be consolidated with the rest of your debts and become part of your repayment plan, as determined by the court.

Chapter 13 bankruptcy is used to reorganize debt payments to be more affordable based on a person's disposable income and determined by the court - appointed judge.

To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from our gross negligence or willful misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).

Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, the owner of an animal determined to be a public nuisance shall be liable for the reasonable attorney fees and costs, as may be determined by the court, incurred by the party bringing the action.

Exclude from the above requirements animals suspected of carrying and showing signs of rabies, animals experiencing irremediable physical suffering, and dogs determined by court - order to be dangerous.

«The merits of each of Exxon's claims involve important issues that should be determined by a court, however, this Court is not the proper venue to rule on the merits of Exxon's claims,» Kinkeade wrote in his transfer order.

The issue to be determined by the Court of Appeal centred on the meaning to be accorded to the words in s 18 (1) of PACE 1984.

This judgment followed on from the well - known decision of Mr Justice Birss in Unwired Planet v Huawei where he determined that the English High Court had jurisdiction to determine portfolio FRAND on a global basis and could grant a so called FRAND injunction against a defendant if it chose not to enter into the licence on the terms determined by the Court.

Then, whether or not you receive a settlement amount, and how much is received, will be determined by the court.

«That's a factual question determined by courts,»...

As discussed in the video below, movies that take a storyline and move it into a new timeframe are generally regarded as «sequels,» not spinoffs, but the meaning of this language may ultimately be determined by a court.

While child support payments can be agreed on between parents without court intervention, or determined by a court order, a knowledgeable Prince William County child support lawyer can explain how the amount should be calculated.

In a recent case it was determined by the Court that success fees and ATE premiums relating to Claimants were recoverable where there had been a change from Legal Aid funding to Conditional Fee...

It's a failure of understanding on John Q. Public's part to understand that notwithstanding the fact that a legislature passes a law, how that law is applied in any given situation is determined by the courts.

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.

Why had the court and the parties in this case gone down the preliminary issue route, asked Ryder LJ: «This is an appeal in care proceedings in which the background problem is a failure by the parties to identify the key issues which needed to be determined by the court and then how those issues should be determined.

Where the insurer has unreasonably withheld or delayed a benefit later determined by a court or arbitrator, s. 3 (8) states that the need to demonstrate an expense was «incurred» is not required.

What is reasonable and probable in this case will be determined by the court.

The repayment plan will be determined by the court based on your ability to pay.

The amount of reasonable notice an employee is entitled to is determined by the courts with reference to factors including the employee's age, tenure, position, duties, education, experience and the availability of alternative employment.

Child support is determined by the court and is based on information supplied by both parents.

Further, where a third person is a party to the action in which the ownership of an asset is determined by a court, it would also be absurd if he could not be bound by, and entitled to rely on the determination.»

Moreover, if an employer's allegation of cause is later determined by the courts to be unfounded, the employer has exposure to additional liability for any related harm caused to the employee by a failed assertion of cause.

After August 28, 1998, every court order establishing or modifying custody or visitation shall include the following language: «Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(4) The amount of compensation shall be determined by the court and the court shall take into account the extent of harm suffered by the victim of the offence.

The court ordered that a monetary judgment in an amount to be determined by the court below was appropriate, based on the Supreme Court of Canada decision of Nishi v. Rascal trucking 2013 SCC

The damage award is an amount determined by the court to reflect the actual mental distress suffered by the dismissed employee.

The board's functions are to determine the professional competence of applicants for admission to practice by conducting written examinations in subjects determined by the Court, to investigate the character and other qualifications of applicants, and to submit to the Supreme Court the names of all applicants who are deemed fully qualified for admission to practice.

If the meaning of bestiality, or any other provision of the Criminal Code, is not fixed and is instead subject to «contemporary Canadian values» (as determined by the court), then the liberty of all Canadians will be subject to little more than judicial whim.

There is no requirement that the court determines the financial contributions of the non-custodial parent; however if the parents can not agree upon an acceptable monthly amount, or at the request of a parent, the financial responsibility can be determined by the court using Virginia's child support guidelines.

Again, this will serve to narrow down to a smaller list those items (if any) that truly have to be addressed and determined by a court.

FURTHER ORDERED that Plaintiffs as prevailing parties shall be entitled to an award reasonable attorney's fees as part of the costs, to be determined by the Court pursuant to 42 U.S.C. § 1988 (b).

Requires that a medical liability case must be dismissed without prejudice unless the claimant obtains an admissible expert opinion within three months of commencement of the action or a date determined by the court.

The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.

That, by the way, should be determined by the court.

Morrisons has been granted leave to appeal, so the issues raised in this case will now be determined by the Court of Appeal.

A court may not recognize a foreign - country judgment if: the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the International Institute for the Unification of Private Law to govern resolution of transnational disputes; the foreign court did not have personal jurisdiction over the defendant; or the foreign court did not have jurisdiction over the subject matter.

In practice, the form of security for costs is usually a cash payment into the Court Funds Office or a bank guarantee in an amount determined by the court, or Deed of Indemnity (typically provided where an existing ATE policy is in place).

This case involved the appeal of three non-Charter cases in Ontario where the Attorney General disputed the amicus curiae rates as determined by the court, raising constitutional issues about the relationship between the judiciary and the executive and legislative branches in our society.

If the court makes such an order, requiring the supply either on the same terms as were offered to the debtor prior to the CCAA filing or on terms determined by the court, then a charge over the property of the debtor is granted in favour of the critical supplier.

The parties could not agree on the fair market value of the dissenters» shares, so that was determined by the court.