Not exact matches
634, 647 - 48, 219 S.W. 2d 910, 915 (1949)(«So long as there is a divided custody there will probably be bickerings and
disputes and a natural tendency on the part of the child to play one against the other, as well as
for the
claimants to seek by indulgences to curry favor with the child, if not to prejudice it against the other.»)
Background The decision on who is the rightful Overlord of Bimbilla has been in
dispute for years, prompting the
claimants to appeal to the National House of Chiefs
for adjudication.
Capcon Holdings plc v Edwards & Ors [2007] EWHC 2662 Acted
for the
claimants in a contractual
dispute concerning a share sale agreement.
Alison Leith heads the department, which primarily acts
for claimants in
disputes against solicitors, architects, accountants, surveyors and insurance brokers.
Interactive Technology Corporation Ltd v Ferster [2015] EWHC 393 Acted
for Respondents on applications
for freezing injunction and search and seizure order in a
dispute concerning allegations that business had been diverted from the
Claimant company.
AMG Global Nominees (Private) Ltd v Africa Resources Ltd [2009] 1 BCLC 281 (CA); [2008] 1 BCLC 447 (Ch D) Acted
for the
claimant / Part 20 defendant in a
dispute concerning title to bearer share warrants.
His recent cases include defending the former President and majority shareholder of VAB Bank against charges of contempt of court (sole counsel); acting
for Mercuria Energy Trading in its successful defence of a US$ 270 million claim by Citibank in one of the biggest High Court banking trials of 2014, acting
for the
Claimant in an on - going US$ 830 million fraud claim in the Commercial Court (Russian banking sector), a US$ 800 million joint venture
dispute in the BVI and acting as junior counsel to the Claimants in Hulley & ors v.
In its simplest form, litigation funding involves a specialist funder financing some or all of (typically) a
claimant's legal fees incurred in a
dispute, in exchange
for a share of the damages.
In this action the defendant did not
dispute, in principle, that the
claimant was entitled to damages
for imprisonment arising from crimes committed by reason of his head injury.
While it is theoretically possible
for native title
disputes to be settled quickly and cooperatively, the combination of procedural and evidential complexity, high stakes, multiple parties, uncertainty of outcome, and a winner - take - all approach means that most cases are heavily litigated, go on
for years, cost a fortune in legal and other costs — and often result in crushing disappointment, since
claimants bear the onus of proof in difficult circumstances.»
In dealing with the
claimant's further request
for an order that anyone who had read the privileged documents or was aware of their content should be removed from further involvement in the relevant FSA investigation, the judge held that, while the approach identified in the private law context to the question whether a lawyer in possession of privileged material should be restrained from acting is a useful guide, when the question arises in judicial review proceedings there will necessarily be a public law element in the underlying
dispute.
The barristers act
for claimants and respondents, with slight emphasis on representing the latter in
disputes.
His recent work includes Ocean Rig (acting with Michael Todd QC
for the opposing creditors in a $ 3.7 billion Cayman Islands restructuring), TPD Investments (acting with Michael Todd QC in a shareholder
dispute concerning the affairs of a company owning two of the UK's largest hotels) and First Names v IFG (acting as sole counsel
for the successful
claimants in the Commercial Court trial of an SPA indemnity claim raising several issues of Jersey company law).
The
claimant disputed that and brought an action seeking a declaration that it was not liable
for breach of contract or duty.
By awarding under 44.2 (6)(a), Whipple J reasoned that the need to identify which costs can be attributed to which issues, continued costs
disputes between the parties, and effectively overriding the
claimants» win due to the extent of the defendant's costs
for certain issues, could all be avoided.
Even where there is a
dispute between two apparently credible witnesses the court should usually, before giving permission, be satisfied that the
claimant's contentions about the alleged agreement provided a much better, or at any rate a better, argument in favour of there being the ground
for jurisdiction alleged than of there not being one.
VTB Capital v Nutritek & Others [2012] EWCA Civ 808: Appeared
for the
Claimant in the Court of Appeal in a complex jurisdictional
dispute relating to a US$ 350m fraud claim
Nick completed his training contract with Beale and Company and has acted
for both defendants and
claimants in relation to
disputes in the UK and internationally.
Before delivering the «Application» package, the
claimant must first fill out the «Application by an Injured Person
for Auto Insurance
Dispute Resolution Under the Insurance Act» form and «serve it» to the insurance company they have the disput
Dispute Resolution Under the Insurance Act» form and «serve it» to the insurance company they have the
disputedispute with.
VTB Capital v Nutritek & Others [2012] EWCA Civ 808: Acted
for the
Claimant in a complex jurisdictional
dispute relating to a US$ 350m fraud claim.
Acting
for the
Claimant in relation to confidential applications
for Norwich Pharmacal (and associated) relief in a
dispute relating to an insolvent Bank.
This is because litigation finance removes the cost of the
dispute from the
claimant's financial statements, thereby transforming the litigation into an asset, freeing up the cash
for more strategic uses and boosting the organisation's financial metrics.
Well, because ACAS must offer the potential
claimant the chance
for early conciliation — to settle a
dispute before a claim can be initiated.
Represented the
claimant in a
dispute arising from contracts
for the sale of aluminum, involving letters of credit and defamation claims.
It acts
for insureds and insurer clients as defendants and
claimants, and its expertise spans financial services, pensions, legal, construction, technology and tax
disputes.
While we will be featuring posts over the coming days on this award that dissect and analyze the award, its international legal significance, and its larger geopolitical consequences
for all
claimants to the South China Sea
dispute and third - party actors (such as the United States),
for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means
for determination of the international law rules under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS treaty regime;
In an illustration of its travel - related personal injury expertise, Arion Jones is acting
for the Freedom Travel Group in a multi-party action brought by seven
claimants who suffered gastric illness, which involves complex issues of medical causation and quantum and a
dispute between two defendants.
We look forward to featuring a broad spectrum of views from various international lawyers and scholars on this landmark arbitral award, as we track contemporaneous developments in the Asia - Pacific region, and invite further discussion especially on next steps ahead
for the actual
disputes between the
claimants on maritime boundary delimitation.
The firm has also experienced growth in work relating to pensions
disputes, in which it is acting
for claimant trustees in
disputes concerning pensions administration.
When these disagreements arise, the
claimant has the option of applying
for mediation through FSCO to resolve the
dispute.
Matt has extensive experience in clinical negligence
disputes, acting
for both
claimants and defendants, across a wide range of claims, including general practice, gastroenterology, delayed cancer diagnosis, orthopaedics and dentistry.
Generally, the more intense the use and the more the
claimant takes action to exclude the other party from using the
disputed land, the better the claim
for adverse possession.
Our specialist construction
disputes lawyers have been involved in numerous nine and 10 - figure cases
for claimants and defendants around the globe.
What this means is that
claimants who are facing a
dispute have the option to either proceed to a wait
for mediation to take place, or issue a Statement of Claim if no mediation has taken place within 60 days of their request
for one.
James acted
for the
claimants in related
disputes concerning the ownership of, and services provided to, a BVI fund.
Instructed by Bird and Bird LLP as sole counsel
for the
Claimant in this $ 15 million Commercial Court
dispute in which the Defendant challenged jurisdiction on the basis (inter alia) that jurisdiction agreements operating in favour of one party only are enforceable.
His recent work includes successfully securing urgent access to land to carry out a survey of machinery due to be dismantled, advising a public body in relation to a high value
dispute with a joint venture private sector partner, and acting
for the
claimant in an ongoing multi-million pound breach of confidence claim.
Priority
dispute re dependency: Was the
claimant principally dependent
for financial support on his grandparents?
Matthews v Bassi (2014)-- represented the
claimants in a boundary
dispute / claim
for trespass arising from unlawful attachment of an extension to the
claimants» property by their neighbours
She has acted
for both defendants and
claimants with
disputes in the UK and internationally.
The
dispute concerned an alleged indirect expropriation of land in Bujumbra, Burundi purchased by the Belgian
claimant, one Mr Houben, in 2005
for real estate development purposes.
Ronnie has experience of acting
for claimants and defendants in a broad range of commercial
disputes, including claims
for breach of contract and directors» duties, economic torts, misuse of confidential information and breach of restrictive covenants.
Julian regularly acts
for both
claimants and respondents in a wide range of employment tribunal
disputes, where his clients include major national and international companies, banks, local authorities, police forces, unions, and healthcare providers.
It was not
disputed that it was not «reasonably practicable»
for the
claimant to have presented her claim within the initial three - month period and so the issue was whether or not the delay by the
claimant from the end of that three - month period until the date when the claim was presented was «reasonable» (The Employment Rights Act 1996, s 111 (2)-RRB-.
While the Home Secretary accepted the
claimants were refugees within the meaning of the 1951 Refugee Convention, she
disputed their right to move to the UK on the basis they had no strong ties to the UK and there were «no reasons
for treating them exceptionally».
In setting out the justification
for exercising the discretion in favour of Mrs A, Coulson J, said, «fundamental matters arise
for consideration at the outset», namely, «the starting point
for any consideration of this case must be the serious nature of the underlying tort; the absence of any
dispute about liability simpliciter; and the consequences of that undisputed wrong on the
claimant's ability to recover substantial damages from the defendant.»
In a
dispute about membership of a solicitors» firm (Zimareva - Locke) the
claimants applied to commit the defendant, who was a solicitor,
for breach of an interim injunction to «provide a key or keys to all and any lockable cupboards and cabinets in which all or any of the firm's papers, files or materials are stored and allow each
claimant unrestricted access thereto».
I've heard it suggested that
claimants are often far more concerned about an apology and correction than damages (though costs add up fast once litigation is underway); if so, it would make sense to find alternative avenues
for resolving
disputes more quickly and cheaply.
Settlement conferences are mandatory in all BC court registries, except Robson Square in Vancouver, and except
for motor vehicle accident cases in which liability is in
dispute and a judge is asked to determine who is at fault and / or how much money to award the
claimant, if any.
While this decision provides some much needed clarity
for decisions where causation is in
dispute, it may not be the final word on the subject since the
claimant in Agyapong v. Jevco has filed
for Judicial Review.