Sentences with phrase «from out of the jurisdiction»

Vitol SA v Morley [2015] EWHC 613 (QB) Successfully resisted application for an order that # 1.3 million be transferred by defendant subject to a worldwide freezing order from out of the jurisdiction and paid into court (led by Michael Todd QC).

Not exact matches

That is largely a result of the tax avoidance strategies that shift profits from sales in Europe, Asia, and the Middle East out of any country's direct tax jurisdiction.

That led TM to seek a ruling from the NEB confirming that the Board had the jurisdiction to authorize TM's activities, and, to the extent that Burnaby's by - laws were making it impossible for TM to carry out the necessary tests, a ruling that the by - laws were constitutionally inapplicable, or if not inapplicable, were in conflict with the provisions of the National Energy Board Act and therefore inoperative on the basis of the paramountcy doctrine.

After reading the excellent article on ETF taxation, I sought out the SPDR (State Street Global Investors, purveyors of the USDV Dividend Aristocrats ETF) guidance on taxation for their ETF and a copy of the relevant extract is: «The fund may be liable to withholding tax on the gains and income from investments held in jurisdictions which impose such withholding taxes.

«Based on organ donation data from the first full year of the opt - in system in Wales, the message for other UK jurisdictions tempted by the an opt - out system is - for the moment at least - leave well alone.»

«The court does not have subject matter jurisdiction to parse out any liability arising from the free exercise of the deeply held sacrament of Christian baptism,» he concluded.

«SERAP also argues that Nigerians are entitled to the right to truth derived from the obligations of the government to carry out an investigation of violations of human rights and crime of corruption committed within its jurisdiction; to identify, prosecute and punish those responsible; and to ensure that victims have the simple and prompt recourse for protection against violation of fundamental rights, as well as to ensure transparency in public administration.»

We will be entirely free from political union and out of the jurisdiction of the ECJ.

May is expected to put the mandate for Brexit at the heart of her election campaign but she was reluctant to elaborate on her plan beyond her formal document setting out her desire for more control over immigration, leaving the single market and removing the UK from the jurisdiction of the European courts.

Break out sessions cover the following areas — promoting positive behaviour; teaching students with SEND: developing their transferable skills; supporting students with English as an Additional Language; grammar, punctuation and spelling at Key Stage 2; international pedagogy - what we can learn from high performing jurisdictions; keeping it healthy and safe when covering science lessons; assessment and feedback; supporting teachers supporting students; the changing landscape of primary education and what it means for primary school teachers.

Re: the US News article on top about ESSA: Chairwoman Foxx is right about the role of the federal government in America's K - 12 education system; and families can continue to pressure educrats like Mr Botel by opting out, wherever and whenever possible, from their local state schools until the federal government gives up on the continuing mistake of its annual testing requirement in two subjects only, which has produced no significant improvement in American education for 15 years now, but has cost us in lost opportunities, including time and energy that might have been devoted to non-tested subjects, including those in the broader curricula represented by the International Baccalaureate Diploma Programme, which requires assessment — including but not limited to external final exams — in six subjects distributed over at least five fields, an assessment approach that has been imitated by the world's leading educational jurisdictions, but is being discouraged by the ignorant Luddites in the the U.S. ED.

Alternative 2 is a process whereby New Hampshire accepts candidates from all states and other jurisdictions if the candidate graduated from an approved state program, or has been employed as a certified teacher for at least three years out of the last seven, or completed an alternative certification program.

We surveyed municipal shelters regarding general practices and asked for 1) the number of animals received, 2) the number euthanized, 3) method of euthanasia and carcass disposal, 4) what agency typically handles cruelty complaints, 5) are animals adopted out already altered or with a spay / neuter contract, 6) if a contract is used, is it enforced, 7) an estimate on number of calls for help from outside of jurisdiction, 8) is there a tag and / or spay neuter ordinance and, 9) is it enforced?

In the 1970s all the jurisdictions were full of animals, so transports and out - of - area adoptions would just take homes from other homeless animals.

BSL can range from something as mild as a higher licence fee for specific breeds to an all - out ban, including mandatory destruction of any prohibited dog found within the boundaries of the legislating jurisdiction.

Check out the lists and you'll be struck, as we were, by the diversity of backgrounds and jurisdictions from which that influence is wielded.

However, in cases where a failure to give proper disclosure has made a fair trial impossible, or prevented the court from doing justice, or in instances of a flagrant abuse of process, a superior court will exercise its inherent jurisdiction — its power to control its own procedure so as to prevent it from being used to achieve injustice — to strike out the case before or during a trial (see for example Raja v Van Hoogstraten and others [2006] EWHC 1315 (Ch) and CPR 3.4 (5)-RRB-.

«That having been said, we certainly recognize that there are court proceedings in two other jurisdiction — one in B.C, where they're waiting for a decision from the court of appeal, and of course the likely Supreme Court of Canada appeal out of the Ontario Court of Appeal.

ATRA also provides a «watch list» of jurisdictions that could become trouble and doles out «dishonorable mentions» to the supreme courts of Massachusetts and Missouri — the former for a ruling about doctors» duty to warn of a drug's side effects and the latter for a ruling «that effectively invites plaintiffs from all around the country to file claims in the Show Me (Your Lawsuits) State.»

UNIFIN Financiera, S.A.B. de C.V., SOFOM, E.N.R. (BMV: UNIFIN)(«UNIFIN» or the «Company»), announced that the Company carried out a private offering of Subordinated Perpetual Notes in the United States of America and other international markets in compliance with Rule 144A and Regulation S of the US Securities Act of 1933 (the «Subordinated Notes») and the applicable regulations of the jurisdictions where such offer was made (the «Offering») for an aggregate principal amount of US$ 250,000,000.00 with an annual interest rate for the first seven years from the issue date of 8.875 %.

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

This article sets out the key aspects of this protection in relation to the major jurisdictions, and highlights practical considerations drawn from our experience in conducting multi-jurisdictional investigations.

I felt like I was the only person out there with some of my crazy ideas and trying to implement things like working virtually from at one point halfway around the world to now across the country from my jurisdiction trying to deliver services not only remotely but online.

Dentons» model disrupts the traditional «pay - to - play» legal referral industry by ditching membership fees and allowing multiple firms from the same jurisdiction to participate, benefiting smaller firms that are typically priced out of other referral networks and increasing the chance of connecting clients with the best lawyers for the job.

Based out of its UAE office, the team has been working with OneWeb to obtain unconventional telecoms regulatory approval from authorities across 20 jurisdictions in the Middle East, Africa and Asia.

Ms. Lindsay has published a response to this question on the LSBC President's Blog, and clarifies that non-BC-based providers are permitted, with the caveat that lawyers acting for clients that are prohibited from out - of - jurisdiction data storage must act accordingly.

It does not prevent the California and out - of - state plaintiffs from joining together in a consolidated action in the States that have general jurisdiction over BMS.

It is therefore very helpful for a single practitioner work, such as this, to gather together the most important rules, guidelines and so - called «soft law» on the subject, to set out the key principles applicable in each type of arbitration, and to provide illustrative cases from a number of different jurisdictions and legal traditions.

[ii] The Court, however, pointedly refused to take the easy way out and made it clear that ISDS provisions require Member States» consent regardless of whether the substance of investment protection falls within exclusive or shared competence, because they «remove disputes from the jurisdiction of the courts of the Member States» (para. 292).

Permission to serve a defendant out of the jurisdiction must be obtained from the Court, which will involve convincing the Court that the claim is a type which it has the power to decide; that the claim has a prospect of succeeding; and that England and Wales is the appropriate forum to determine the claim.

For example, the Saskatchewan Human Rights Commission investigates complaints about discrimination stemming from a list of prohibited grounds set out in the legislation (race, sex, religion etc.) If the Commission decides that an individual was wrongfully discriminated against because they drove a red car, then it has stepped outside its jurisdiction.

Norris v London Fire & Emergency Planning Authority (EAT, 2013)[2013] IRLR 42 This was a case about the jurisdiction of tribunals to deal with unlawful deduction from wages claims arising out of industrial action.

Last month, LawBase rolled out integration with CalendarRules for court calendaring rules from a variety of federal and state jurisdictions.

Claimants have four months from the date of issue to serve the claim form (six months if serving out of the jurisdiction).

32 It is apparent from the wording of the question referred for a preliminary ruling and the order for reference that the issue at the heart of the dispute in the main proceedings concerns a procedure for the adoption of an interim measure governed by the rule of jurisdiction set out in Article 31 of Regulation No 44/2001.

Dispute resolution law revolves around resolving disputes in and out of court, from divorces to evictions, and from partnerships to breach of contract, but also on much larger matters than span over several jurisdictions and cover several parties.

Some of the supporters of ABS accuse people like me of self - interest, protectionism and so on, but people like me are pointing out to them the compelling evidence of expensive harm to the public in other jurisdictions when solicitors are erased from the services.

The Pennsylvania Supreme Court might ease the burden with case limitations that prevent cases being filed from other jurisdictions, and other laws are popping up out of state that do the same thing.

Colin Rule: Well, it's interesting, we are building a new society out in cyberspace, it's cross-border, I mean, any of us can pull our phone out of our pockets and swipe, swipe, swipe, we buy something from someone on the other side of the planet and the justice systems that we have are tied to geography, if it's a dispute between a buyer in Argentina and a seller in Paris based on an e-commerce marketplace in the US and the item is drop - shipped out of China, I mean, our current legal system really can't make heads or tails out of that because it's the jurisdiction, it's just too confused.

The Uniform Deployed Parent Custody and Visitation Act, not yet adopted in Alabama, sets out provisions that essentially assert that the mere absence of a military parent from a state will not be used to deprive that state of custody jurisdiction.

He then referred to articles by Dr F.A. Mann (whose own expertise and reputation in the area were considerable) and Dr E.J. Cohn and pointed out that, from the 19th Century, civil law countries had accepted that a waiver of sovereign immunity by a contract was effective, that the speeches in Duff were obiter and did not constitute a majority and that both Duff and Kahan overlooked the fact that submission in the face of the court was not the only form of valid submission since the introduction of a new Rule in the RSC in 1920 that the English court had jurisdiction to entertain an action where there was a contractual submission.

Attorneys are familiar with the courts in their jurisdictions, so hiring a local lawyer can be better than hiring someone from out of town.

We represent our clients in all types of regional, national and cross-border insolvency matters, ranging in size and complexity from out of court loan workouts and financial restructurings to bankruptcy proceedings in multiple jurisdictions, creditors» rights litigation and distressed acquisitions.

Francis Burch, Jr., global chairman of DLA, told sibling publication The National Law Journal that a Delaware rule that restricts out - of - state firms from practicing in the jurisdiction was a major reason why his firm wanted an office in Wilmington.

And for advanced students (and ultimately for delegates to the Working Group): should consumers be able effectively to opt out of legal rules in their home jurisdictions (such as Quebec) that currently invalidate any provision that would prevent a consumer from having resource to his / her local courts?

The firm operates out of our headquarters in Johannesburg and four main regional offices, in Mauritius, Accra, Douala and Malabo — from here we serve all jurisdictions across the region.

While the amended law refers specifically to Quebec - based employers and is intended to aid Quebec - based employees who work for companies based in other jurisdictions, it should be good news for workers across Canada, making it easier for them to collect unpaid earnings from their out - of - jurisdiction employers, and more difficult for difficult employers to avoid paying workers in other jurisdictions by relocating or claiming immunity in their immediate jurisdiction.

The central point of law to be determined was whether a social security commissioner has jurisdiction to hear an appeal from a legally qualified panel member (LQPM) who has refused to extend time or who has struck out a proposed appeal for want of jurisdiction.

com Unifin's Subordinated Perpetual Notes Issuance UNIFIN Financiera, S.A.B. de C.V., SOFOM, E.N.R. (BMV: UNIFIN)(«UNIFIN» or the «Company»), announced that the Company carried out a private offering of Subordinated Perpetual Notes in the United States of America and other international markets in compliance with Rule 144A and Regulation S of the US Securities Act of 1933 (the «Subordinated Notes») and the applicable regulations of the jurisdictions where such offer was made (the «Offering») for an aggregate principal amount of US$ 250,000,000.00 with an annual interest rate for the first seven years from the issue date of 8.875 %.

Although the BTS and Professor Wigmore remain unconvinced, Chinese government sources are at pains to point out that from 1 January 2007 new laws effectively mean only China's highest court, the Supreme Court, will have the jurisdiction and power to approve the ultimate sanction — namely the death penalty — and that this in turn will lead to a significant reduction in the frequency of the use of capital punishment, and presumably will affect the availability of transplantable organs.