Sentences with phrase «for civil proceedings»

The door will now stand fully open for civil proceedings to be brought against the defendants and / or the bank.
Mesothelioma sufferers faced the prospect of paying up to # 10,000 in court fees to bring a claim, after the government controversially hiked court fees for civil proceedings in March 2015.
While one should not use the criminal courts as a substitute for civil proceedings it may be wise, in appropriate circumstances, for one to consider criminal proceedings as a means of redressing ones loss through issuance of a restitution order.
A compensation order should not be used as a substitute for civil proceedings.
Of relevance when considering transfers of evidence for civil proceedings is whether the State concerned has invoked the Article 23 exception to the Hague Convention (which even the United Kingdom, a common law country, has invoked).
Thus the strike out provision of FPR 2010, r 4.4 (1) under which the case had proceeded in the Court of Appeal has to be construed without reference to «real prospects of success» test (as required for civil proceedings under CPR 1998 r 24.2); and FPR 2010 Practice Direction PD4A para 2.4 is «an unhelpful curiosity [in the absence of] a power in FPR 2010 to give summary judgment».
Were there any real likelihood of this ensuring more payments it might be tolerable to see the criminal jurisdiction — excluded for civil proceedings since the late 19th century — brought into family law; but I doubt there will be any higher a rate of clearance of arrears than under the existing scheme.
Victims of childhood sexual abuse remain hopeful that there could be a vote in the state Senate on a measure to extend the statute of limitations to age 28 for criminal proceedings and age 50 for civil proceedings.

Not exact matches

The small - business owner has avoided the expense of civil proceedings to obtain the judgment and can hire professionals to collect the civil judgment for a percentage of the recovery, saving the victim out - of - pocket collection expenses.
The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings
Cohen's declaration, in support of his request to pause proceedings in the civil case, cited an «ongoing criminal investigation by the FBI and U.S. Attorney for the Southern District of New York.»
In separate (brief) reasons for judgment, Justice Gageler agreed with the conclusion in the majority reasons that Barbaro does not apply to civil penalty proceedings and joined in the proposed orders.
Wrapping up proceedings and paying tribute to many of the young speakers Rob Wilson, minister for civil society, said: «The future of this country is in safe hands.»
As part of this initiative and its participation in Governor Andrew Cuomo's Liberty Defense Project, the State Bar Association will continue to offer continuing legal education (CLE) programs for attorneys seeking to represent immigrants in civil detention, administrative and removal proceedings.
To further stall the criminal proceedings against him and the Bank's bid to recover its funds, Innoson has been trying to distract the Bank from focusing on the criminal action, as well as civil actions filed for recovery of the debt.
The department also prosecutes and defends all civil actions and proceedings for or against the county and prepares resolutions, ordinances, and local laws as requested by the Board of Legislators and the County Executive.
Imagine that members of the 8th National Assembly had announced during the recent general election campaigns exactly how they were going to tear up section 308 of the 1999 Constitution (which protects the president, vice president, governors and their deputies against civil and criminal proceedings while they are in office) to grant their leaders immunity from prosecution for corruption and money laundering.
Any punitive action for those results would require separate criminal or civil proceedings.
James Rhodes / War Machine (Don Cheadle) has a smaller, but meaningful role to play in the proceedings here by comparison, while Clint Barton / Hawkeye (Jeremy Renner) and Scott Lang / Ant - Man (Paul Rudd) are the established MCU players who get the least onscreen development - but Civil War makes up for that by giving these characters some of the best action scenes in the movie.
In addition, currently the cost of bringing proceedings in the civil courts (under the Protection from Harassment Act, for example) is prohibitively expensive for the majority of victims of abuse.
(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.
(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.
Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.
For the purpose of assuring orderly and fair proceedings and to protect the basic civil rights of any accused person, the Board of Directors shall adopt and print rules of procedure and from time to time may amend these rules of procedure not inconsistent herewith for the conduct of such hearings, and such rules shall be binding upon the partiFor the purpose of assuring orderly and fair proceedings and to protect the basic civil rights of any accused person, the Board of Directors shall adopt and print rules of procedure and from time to time may amend these rules of procedure not inconsistent herewith for the conduct of such hearings, and such rules shall be binding upon the partifor the conduct of such hearings, and such rules shall be binding upon the parties.
In cases with the potential to significantly improve legal protections for companion animals, the legal advocacy department will bring legal proceedings corollary to the criminal prosecution including writs, declaratory judgments and petitions for injunctive relief, and will initiate or support civil litigation on the state and federal level to promote those heightened legal protections.
The act also includes provisions to help protect servicemembers against eviction, foreclosure, repossession, and civil court proceedings for the duration of their service, as well as allowing you to terminate certain obligations, such as cellphone contracts or vehicle leases, if you are called to service.
NCSE distancing themselves from Gleick is probably a legal ploy so that they are not culpable in some way for his actions in either criminal or civil proceedings.
(i) The charge or basis for the application must be «set out clearly in writing»: the power to commit extends to many more courts in family and civil proceedings than was previously the case.
In civil proceedings, discovery is not used for testing evidence.
Finally, says Brooke LJ (at [52] and [64]-RRB- «family law practitioners who are concerend with proceedings which may lead to committal [must] be fully acquainted with the requirements of» the Convention, Art 6; for, he said, he was «completely satisfied that [the committal practice direction set outs] the practice which must be applied, both in civil courts and in family courts, in proceedings in which committal to prison may be in issue».
When it came to lawyers representing cases or clients that advanced or advocated for civil rights, they were often targeted with repeated disciplinary proceedings.
- Massive reduction in barristers» hourly fees for civil (non-family) proceedings by around 50 %.
He also counsels and conducts investigations for clients facing potential civil and criminal litigation, and represents clients in grand jury proceedings.
Low - income families must fight these battles on their own because — despite the fact that civil cases can result in people going to jail, or losing their home, health care, custody of their children or sense of safety — there is no right to an attorney in civil legal proceedings as there is for criminal defendants.
Indeed, the Illinois Supreme Court overlooked the clear substantive canonical violations for which the Church disciplined Dionisije, violations based on Dionisije's conceded open defiance and rebellion against the church hierarchy immediately after the Holy Assembly's decision to suspend him (a decision which even the Illinois courts deemed to be proper) and Dionisije's decision to litigate the Mother Church's authority in the civil courts rather than participate in the disciplinary proceedings before the Holy Synod and the Holy Assembly.
The draft order seeks to reduce all fees payable in civil and family matters by 10 %; and limit the level of enhancements that can be paid to solicitors in civil and family cases at 100 % for cases heard in the Upper Tribunal High Court, Court of Appeal and Supreme Court and 50 % for all other proceedings.
Assisting in all aspects of Circuit Court duties, she drafted court orders and opinions for civil, family, CINA, juvenile and criminal cases, and drafted extensive memoranda on post-conviction proceedings, complex criminal case motions, administrative appeals, family exceptions, in banc reviews and complex civil cases.
However, the case serves as a counterpoint to the more questionable advantages sometimes claimed for private prosecutions: when it is appropriate to bring them; the benefits compared to a State prosecution or civil proceedings; and the synergies in running a private prosecution and civil proceedings in tandem.
Our law has well developed and distinct sets of terminology for criminal and civil proceedings.
For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration; collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.
Practice areas; — White Collar Criminal Defense — Other Federal Criminal Defense — Defense of regulatory investigations and proceedings — Advocacy for officers, directors, and employees in internal corporate investigations — Matters involving MBS, CDS, CDOs, and subprime mortgages — Government - initiated civil RICO actions — Civil and Commercial Litigation — Federal Sentencing Advocacy Education: — Columbia University, 2008 Juris Doctor Harlan Fiske Stone Scholar — Yale University, 2004 Bachelor of Arts, cum laude Departmental Honors, English Admissions: — New York, First Department — United States District Court, Southern District of New York — United States District Court, Eastern District of Newcivil RICO actions — Civil and Commercial Litigation — Federal Sentencing Advocacy Education: — Columbia University, 2008 Juris Doctor Harlan Fiske Stone Scholar — Yale University, 2004 Bachelor of Arts, cum laude Departmental Honors, English Admissions: — New York, First Department — United States District Court, Southern District of New York — United States District Court, Eastern District of NewCivil and Commercial Litigation — Federal Sentencing Advocacy Education: — Columbia University, 2008 Juris Doctor Harlan Fiske Stone Scholar — Yale University, 2004 Bachelor of Arts, cum laude Departmental Honors, English Admissions: — New York, First Department — United States District Court, Southern District of New York — United States District Court, Eastern District of New York
The court came to this conclusion by analyzing the French version of s. 45 (7)(which codifies the RCD for s. 45), which refers to both criminal and civil proceedings.
Nowadays it may be required in civil, family and criminal proceedings, as well as in arbitrations, before specialist tribunals, and for public or parliamentary inquiries.
Under s 222 (1): «Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area --(a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name.»
They are therefore entitled to the compensation provided for in the Act but not entitled to bring further civil liability proceedings to obtain additional or complementary compensation.
Guardian contributor and civil rights barrister David Pannick was briefed (at a fee which Brett refuses to disclose but which was at arm's length) to apply... to Leonard J in the High Court for Brett to be granted an audience on the ground that this was allowed under the court's inherent jurisdiction to regulate its proceedings.
These are that: (i) the jurisdiction is to be invoked and exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area; (iii) the essential foundation for the exercise of the court's discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be eff ective to restrain them.
«Confidentiality in the mediation process is important and this Directive should therefore provide for a minimum degree of compatibility of civil procedural rules with regard to how to protect the confidentiality of mediation in any subsequent civil and commercial judicial proceedings or arbitration.»
The report includes the recommendation that all cases «concerning legal support for children should be brought back into the scope of civil legal aid» and that cases within certain criteria, including local authority involvement in private law family proceedings, should be covered (see p 28 of the report).
This is not the same as the requirement for service of the order before any committal proceedings in the civil court.
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