Procedures for the recovery of such proceeds may take
the form of civil proceedings even though such applications are heard in the criminal courts.
As Coulson J stated, «s 33 only applies to personal injury and fatal accident claims, not other
forms of civil proceedings» and that such claims «have always been the subject of special rules relating to limitation», that secondly, as evident from countless authorities, «no decision under s 33 can be regarded as setting down definitive guidelines that are automatically applicable in another factual decision; any decision under s 33 has to be regarded as a decision on the particular facts of that case, and nothing more.»
Not exact matches
In support
of this:
Civil Legal Aid (Procedure) Regulations 2012 governs the conduct of civil legal services including reg 38 (3)(emphasis added): «(3)... the Director must issue a separate certificate for each --(a) form of civil legal services for which the individual qualifies; and (b) set of proceedings to which a determination relates, unless the Director decides that the proceedings are so closely connected that they should be covered by a single certificate.&r
Civil Legal Aid (Procedure) Regulations 2012 governs the conduct
of civil legal services including reg 38 (3)(emphasis added): «(3)... the Director must issue a separate certificate for each --(a) form of civil legal services for which the individual qualifies; and (b) set of proceedings to which a determination relates, unless the Director decides that the proceedings are so closely connected that they should be covered by a single certificate.&r
civil legal services including reg 38 (3)(emphasis added): «(3)... the Director must issue a separate certificate for each --(a)
form of civil legal services for which the individual qualifies; and (b) set of proceedings to which a determination relates, unless the Director decides that the proceedings are so closely connected that they should be covered by a single certificate.&r
civil legal services for which the individual qualifies; and (b) set
of proceedings to which a determination relates, unless the Director decides that the
proceedings are so closely connected that they should be covered by a single certificate.»
In order to obtain permission, the claimant will have to show (in relation to each cause
of action which
forms part
of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect
of success); (2) there is a good arguable case that the claim falls within one or more
of the «jurisdictional gateways» set out in the
Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service
of the
proceedings out
of the jurisdiction.
Civil legal aid connects Americans with a range
of services - including legal assistance and representation, free legal clinics, court - based services, pro bono assistance, and access to web - based information and
forms — that help guide them through complicated legal
proceedings.
Coulson J reviewed the relevant case law and took the view that the prosecution
of civil proceedings must, at the very least, involve the taking
of certain procedural steps between the issue
of the claim
form and the handing down
of judgment, with the service
of the claim
form and the particulars
of claim being the most important.
He noted that there has been «a significant increase in the number
of litigants in person» due in part to the retrenchment in state expenditure and the relatively high cost
of legal fees, and suggested «introducing a more inquisitorial
form of process in
civil proceedings where both or at least one party is unrepresented.»
IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation
of original and appellate
civil practice and procedure in judicial
proceedings in the district courts
of the State
of Nevada, and the
forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing
of a printed copy by the clerk
of this court to each member
of the State Bar
of Nevada according to the clerk's official list
of membership
of such Bar (which will include all district judges and district attorneys), and that the certificate
of the clerk
of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence
of the adoption and publication
of said rules in accordance with the provisions
of said enabling act.