Sentences with phrase «enforcing a judgment for»

The Hague Convention also permits a Court to refuse to enforce a judgment for a broader range of reasons than is the case under the Recast Regulation.
(In Jones v Jones (1889) LR 22 QBD, an English court refused to award multiple damages, and the Protection of Trading Interests Act 1980 prevents an English court from enforcing a judgment for multiple damages.
Method of enforcing a judgment for possession of a property whereby a bailiff is authorised to evict people and secure against re-entry

Not exact matches

After completing the necessary processes with the California Courts to enforce the judgment, the Company has received and presented definitive legal documents from the California Court to the escrow agent at the bank clearing the way for the release of funds and expects that the US$ 1.9 million will be released to the Company before the end of the month.
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.
The new Government will also enforce the Waterville judgment debt of over Euro 47million loot or prosecute it for High Crime.
One exception to the rule occurs if your state statute of limitations for enforcing judgments is shorter than the seven - year standard reporting period.
Rather, the Fair Credit Reporting Act notes that, once the credit bureaus insert a judgment, the judgment will remain until the statute of limitations for enforcing the judgment expires.
Kansas law provides for the assessment and collection of judgment interest at 8 percent per annum, however the IV - D program does not calculate or enforce judgment interest.
For example, that they could take your property, enter your home or enforce a judgment without having authority;
Specifically, if Mbank sued every unitholder to enforce the future payments, won, and filed involuntary petitions for bankruptcy against every single unitholder (after unsuccessfully attempting to levy the judgment against their assets) this would have been bad for the protagonist.
The creditor will have to pay a fee to the High Court for applications to enforce a judgment.
In the affidavit or witness statement, describe any special circumstances which you feel would make it unfair for the judgment to be enforced by HCEOs.
We recognize that from a regulatory standpoint, all - or - none rules like the one suggested for Internet sales are much easier to enforce than ones that require judgments involving multiple variables.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.
On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.
Effectively, if the original judgment is not enforced or revived within 7 years of its entry, the judgment becomes and may remain dormant for an additional 13 years.
The previous restrictive reading of the BVI CPR had led to the situation that foreign judgments obtained in all but a small number of countries could not be enforced in the BVI because there was no «gateway» to provide for service out of the jurisdiction.
Although judgments have an enforcement time limit of 7 years from the date of their entry, Illinois law allows a judgment to be enforced for up to 27 years after the date the judgment was entered.
Although the right to sue on the debt may only last two years, the right to enforce a court judgment lasts for ten years.
The written law setting out a three - year time period to bring an action to enforce spousal support payments is found at A.R.S. § 25 - 553A: The person to whom the spousal maintenance obligation is owed may file a request for judgment for spousal maintenance arrearages not later than three years after the date the spousal maintenance order terminates.
In the end the Court ordered the Chinese judgment to be enforced with the condition that any figure for interest being enforced could not exceed the maximum interest rate allowed by law in Canada.
Acting for a US company in long running proceedings to enforce a historic judgment against the Republic of Iraq's UK and European assets, involving sovereign immunity and sanctions;
10) For the purposes of the free movement of judgments, judgments given in a Member State bound by this Regulation should be recognised and enforced in another Member State bound by this Regulation, even if the judgment debtor is domiciled in a third State.
Q: Jurisdiction — can you enforce a Canadian judgment for a service provider based in another country?
According to them, the Bank's aim was to enforce the judgment in the DIFC and then take it for execution in the Dubai Courts, relying on the reciprocal enforcement mechanisms available under Article 7 of the Judicial Authority Law (these provide for the mutual enforcement of judgments between the DIFC Courts and the Dubai Courts).
If we just enact, say, the Judgments Regulation or Brussels II into domestic law, that would be a remarkably generous thing to do — yes, we'll carry on enforcing, for instance, Latvian and Lithuanian judgments after Judgments Regulation or Brussels II into domestic law, that would be a remarkably generous thing to do — yes, we'll carry on enforcing, for instance, Latvian and Lithuanian judgments after judgments after we leave.
Politically, that looks more acceptable for everyone and it would still give us a pretty good result in terms of enforcing our judgments around Europe.
If she manages that and you don't make a timely response, a default judgment would enter against you for $ 300 and court costs which she would be hard pressed to enforce against any assets you own.
Researchers can also contact the IBA's Multi-Jurisdictional Class Action / Collective Redress Working Group and its Task Force on International Procedures and Protocols for Class Actions (see their Guidelines for Recognising and Enforcing Foreign Judgments for Collective Redress); the RAND Institute for Civil Justice (Class Actions and Mass Torts); the Oxford Centre for Socio - Legal Studies, European Civil Justice Systems; the Searle Civil Justice Institute at George Mason University's Law & Economics Center (SCJI); and check the Securities Class Action Clearinghouse (Stanford Law School)-RRB-.
But for the past 30 years, we've taken for granted that we can also offer the benefit of all these European instruments and that English judgments will be enforceable across the EU — and as soon as those are stripped back, one may need to consider the balance between the general reputation of English courts and English law and the fact that we may need to say to clients that it may potentially become harder to enforce your debt overseas in the EU.
As Brexit negotiations continue to be ever present in the headlines, it is a timely reminder for parties contemplating litigation or with concluded cases to consider the impact Brexit will have on enforcing judgments in the UK or abroad.
Arnette notes that U.S. courts are moving to impose stricter limits on punitive damages, while some countries like Spain, Canada and Australia are not hostile to the notion of punitive damages, and have enforced American judgments for punitives in their courts.
But if you're also risking an x billion dollar judgment for cleanup which will be enforced in another jurisdiction against a related corporate vehicle..
Charles Thomson Qualified: 2004 Made partner: 2014 Key cases: Acted in the Grupo Torras case for the past decade, assisting the Kuwaiti government to obtain and enforce judgments around the world and to successfully restrain and recover assets that were stolen through a sophisticated series of frauds and concealed in offshore trust structures and other asset protection vehicles.
I think the decision is right, in that the grounds for taking jurisdiction to enforce a foreign judgment do not require the same connection with the requested court (ours) as would taking jurisdiction over the lawsuit itself.
The Defendant applied for a stay of Midtown's application and a declaration that the DIFC Courts did not have jurisdiction to enforce judgments of foreign courts.
Speaking at GCR Live London, Kassie Smith QC of Monckton Chambers said there was a need for certainty about whether English judgments would still be enforceable in the rest of Europe once Brussels» «Recast» rules, which ensure judgments between EU members states are recognised and enforced, fall away after Brexit.
Successfully represented Imagine Nation in Wisconsin Bankruptcy Court to enforce pre-petition judgment for fraud and embezzlement.
During her time at law school Lisa won the prestigious James Crawford Prize for her co-authored article, «Enforcing Judgments of International Courts in National Courts», which was published in the Oxford Journal of International Dispute Settlement.
Key decision before the Eastern Caribbean Court of Appeal On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.
Judgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign jJudgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgmentsjudgments.
Judgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign jJudgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgmentsjudgments.
If you or your client have obtained or are seeking a judgment of either State or U.S. District Courts, and are seeking to have that judgment recognized or enforced in Ontario, Canada, please contact us for a free initial consultation on 416-979-2020.
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.
Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.
This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.
Their judgments can be enforced internationally through treaties such as the GCC Protocol and Riyadh Convention; treaties with China and France; and arrangements with many common law courts overseas, including the Commercial Court of England and Wales, the United States District Court for the Southern District of New York, the Federal Court of Australia, the New South Wales Supreme Court, the Supreme Court of Korea, the High Court of Kenya (Commercial and Admiralty Division), and the Supreme Court of the Republic of Kazakhstan.
The Riyadh Convention is a treaty for the mutual enforcement of judgements but in my view, it is not an applicable treaty for this purpose, since neither the Claimant, the DIFC Court nor the UAE is seeking to enforce a judgment in Iraq, at least at this stage.
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