Sentences with phrase «failure of their legal duty»

Not exact matches

All such scenarios where there has been a failure in disclosure potentially amount to negligence on behalf of the prosecuting authority, who have a duty to review and disclose material in accordance with the legal framework in place.

Although the Court of Justice of the European Union (CJEU) long ago characterised the deliberate refusal of a Member State to implement EU law as a «failure in the duty of solidarity» that «strikes at the fundamental basis» of the EU legal order (Case 39/72, para. 25), it has not been clear whether the principle of solidarity among Member States can be enforced in European courts.

Given: (1) the misery and damage caused to the majority of the population by the problem; and, (2) the law societies» refusal to try to solve the problem, the commercial producers have a strong argument that they should be treated as equal to the ABSs in providing relief from the consequences of the law societies» breach of trust, i.e., their failure to perform the duties attendant to their monopoly over the provision of legal services.

And on the Access to Justice in Canada blog, «The Failure of Law Societies to Accept Their Duty in Law to Solve the Unaffordable Legal Services Problem,» Part 1 on August 12, 2014, & Part 2 on August 14, 2014.

The plaintiff will also need to establish that the defendant's failure to meet its duty of care was a cause of your child's injuries and that your child suffered legal damages as a result of those injuries.

Failure to meet the duty to consult in the context of other projects has resulted in successful legal challenges by First Nations.

Regardless of the location, if you have been injured as a result of a property owner's failure to meet their legal duty under Virginia premises liability law, we can help.

Since Zubulake, legal holds have become a standard practice among litigants to fulfill their preservation duties, and failure to do so is a common cause of e-discovery sanctions.

(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if (a) with respect to a duty imposed by paragraph (1)... (b), (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently...

However, perhaps a prosecution of a law society under Criminal Code s. 122 for its failure to perform its duties in regard to access to justice by at least trying to solve the unaffordable legal services problem would fail because, even if an official knows that a decision does affect his / her personal interests, there is no offence, «if the decision is made honestly and in a genuine belief that it was a proper exercise of his jurisdiction.

Such a right would provide a legal platform from which law society neglect of the problem and its failure to perform its duties under s. 4.2 of Ontario's Law Society Act could be attacked.

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Moreover, we would question the failure to perform some type of background on any worker, regardless of their position, considering employers have a legal «duty of care» in the hiring process.

«Councils» failure to help and support people through the legal minefield when they are raising children that would otherwise be the authority's responsibility is a dereliction of duty.