Sentences with phrase «enforce the judgment only»

Not exact matches

I share the view expressed by objective and reasonable members of the public that because the government was the 1st defendant / respondent against whom the Supreme Court made declarations of unconstitutional conduct in paying the judgment debt to Alfred Agbesi Woyome, the government has been pretending for purely political reasons at each turn to take steps to enforce the judgment and orders of the court only to deliberately abort them.

She said while JCOPE is a «step in the right direction,» it also is problematic because JCOPE can only make recommendations to the Legislature, leaving it to senators and Assembly members to decide whether to enforce a judgment against a colleague.

Creditors use judgments (a court's determination that you owe a debt) to enforce past - due debts, but if you don't own much, a judgment won't help a creditor, since they can only come after non-exempt assets.

A recent unreported decision (ENRC NV v Zamin Ferrous Limited [2015] JRC 217) has demonstrated the Jersey Royal Court's willingness to make disclosure orders not only to police post-judgment freezing orders but also to ensure that judgment creditors have all the information they need to enforce their judgments worldwide.

This ruling is not thermonuclear on its own, but in its aftermath, we will not only see a lot of wrangling over a judgment as a matter of law to overrule the jury and over injunctive relief but there will also be, even more importantly, a push by Apple to enforce many more design patents and utility (hardware and software) patents against Samsung.

Although the right to sue on the debt may only last two years, the right to enforce a court judgment lasts for ten years.

Its main, if not only, controversial feature is that it does not allow the enforcing court to review the jurisdiction of the court giving the judgment.

It was thought that it was contrary to this spirit of «full faith and credit» (in Morguard's words, sort of) and administrative simplicity to allow defendants to wait in the bushes while the original court held a trial — even in default of appearance — and then attack jurisdiction only when the judgment came to be enforced in a place where the defendant had assets.

I believe Mr. Semenoff is wrong in saying that a Canadian provincial court would enforce only U.K. civil judgments (because of the Canada - UK Reciprocal Enforcement Convention from the 1980s, legislated into effect in all the common - law provinces.)

It did so despite the fact that the U.K. court's order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada.

[1] It did so despite the fact that the U.K. court's order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada.

[9] Judgments or orders given in representative actions are normally binding on all persons represented in the claim, but may only be enforced by or against non-parties with the court's permission.

Only final judgments for payment of a definite sum of money (save for taxes, fines or penalties) can be enforced under common law.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland or in Northern Ireland only when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

The Justice referred to City of Mecca (1879), 5 P D 28 where Sir Robert Phillimore held that the English Court of Admiralty could and ought to enforce an in rem judgment of a Foreign Admiralty Court, on the grounds of international comity (reversed on appeal not on a point of law, but because, like the subject case, the foreign judgment was in personam only.)

This suggests that the Myanmar courts would only enforce monetary judgments, at least from a procedural perspective, and that judgments in rem, such as relating to injunctions, including foreign asset freezing orders and specific performance, would not be enforced.

(3) A judgment shall be recognised only if it has effect in the State of origin, and shall be enforced only if it is enforceable in the State of origin.

The motions judge held the McCutcheon judgment should only be enforced against The Cash Store with respect to payday loans.

A State may declare that its courts may refuse to recognise or enforce a judgment given by a court of another Contracting State if the parties were resident in the requested State, and the relationship of the parties and all other elements relevant to the dispute, other than the location of the chosen court, were connected only with the requested State.

Recognition or enforcement of a severable part of a judgment shall be granted where recognition or enforcement of that part is applied for, or only part of the judgment is capable of being recognised or enforced under this Convention.

Perhaps not wanting to seem oppressive, it only seeks to enforce its US judgment to that extent that if it can not succeed on its claim to enforce its US copyrights directly in the English courts

The case focuses on the test for jurisdiction of a Canadian court to enforce a foreign judgment when the only connection to the province is the presence of a wholly - owned subsidiary of the foreign parent corporate defendant.

But, when not merged in the divorce judgment, the property settlement agreement may only be enforced by resort to the usual contract remedies and not as part of the divorce judgment.»