Sentences with phrase «giving rise to their claims on»

Don't forget that s. 5 (2) of the Limitations Act, 2002 imposes a presumption that plaintiffs are aware of the facts giving rise to their claims on the day the act or omission took place, unless the contrary is proved.

In the event of an accident that may give rise to a claim on the policy the Parent / Guardian should notify AIG as soon as possible but in all cases no later than 30 days after the incident.

Not exact matches

I can't claim to be providing certainly accurate information on this, since it's been a while since I've done relevant physics reading (lay books, not academic), but in the early universe (before inflation went out of control) there were irregularities that gave rise to clumping, from which the first stars and galaxies originated.

In Matthew 28:18, the risen Jesus makes the still more striking claim that all authority in heaven and on earth has been given to him, a statement echoed elsewhere — for instance, in Philippians 2:9 - 11... When John declares that «in the beginning was the word,» he does not reach a climax with «and the word was written down» but «and the word became flesh.»

Given Mbappe's wonderful rise to prominence, a number of clubs have expressed their interest in the attacker and French publication L'Equipe claim that the North London duo of Arsenal and Tottenham are both keen on signing the wonderkid.

In a ruling on 15 October 2014 about claims for Nestlé SMA toddler milks in an ASDA email, the ASA: «told [the companies] not to state or imply that health could be affected by not consuming a product, or to give rise to doubt the nutritional adequacy of a reference product.»

His claim that unemployment will fall rather than rise in the course of this Parliament is based on the OBR assessment, rapidly rushed out to give ammunition to contest the anticipated Harman attack (incidentally providing the first suspicions about the OBR's objectivity), that whilst 600,000 public sector jobs will be lost by 2015 - 6 and a similar figure (though unspecified) in the private sector as a result of the public spending cuts, some 2.5 m jobs will be created over the same period in the private sector.

Pardon me while I step on my soap box for a moment: A psychologist named Emma Kenny is claiming that online dating has given rise to something called «Tinderella Syndrome,» which makes otherwise normally - functioning adults incapable of dating anywhere but the Internet.

The claim raised a few eyebrows, given that white kids are on the rise in DCPS, private school enrollment has been declining, and DCPS had to start a fraud unit because suburban parents were faking residence to get their kids into district schools.

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

The trial judge's findings on the claim for punitive damages undermine the finding of conduct that was sufficiently egregious as to give rise to a claim of aggravated damages.

The second firm's current excess insurance policy — if the firm has one — would generally not apply because the services giving rise to the claim were not performed for / on behalf of that firm.

«Many of the claims from the residents may be covered by insurance, however, there may have been serious failings by the management company, acting on behalf of the local authority, that may give rise to further liability in contract (to the tenants of the block) and in negligence.

Then if he reported it, it should be covered as long as it was the date of loss, the act, error, or omission that gave rise to that claim occurred on or after that retroactive date.

On the other hand, the Ontario Superior Court recently held in Baglow v Smith 2011 ONSC 5131 (CanLII) that comments on a blog should not necessarily give rise to a claim in defamation, when the person alleging defamation has a right of reply in the same bloOn the other hand, the Ontario Superior Court recently held in Baglow v Smith 2011 ONSC 5131 (CanLII) that comments on a blog should not necessarily give rise to a claim in defamation, when the person alleging defamation has a right of reply in the same bloon a blog should not necessarily give rise to a claim in defamation, when the person alleging defamation has a right of reply in the same blog.

During pupillage, Zac gained extensive experience on leading competition cases, including Sky v Ofcom [2015] CAT 9 (assisting David Scannell) and Speed Medical Examination Services v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling soft tissue whiplash claims on the basis (inter alia) that they gave rise to breaches of competition law (assisting Gerard Rothschild).

Obtained summary judgment on claims of unfair trade practices which would have given rise to exemplary damages in a lawsuit against an equine veterinarian.

A poor lawyer - client relationship, especially in criminal law matters, can give rise to appeals based on ineffective assistance by counsel, which can in turn lead to claims.

The drop in claims costs is unsurprising given the raft of changes which have been made in recent years in order to reduce legal costs in personal injury; however, noticeably, those savings have not been passed on to consumers and premiums have continued to rise.

For example, there is the possibility that in any case a part of an original site has ceased to be used for the purposes prescribed under the original deed, so as to give rise to a reverter at that stage, with the result that any claims by or on behalf of the grantor's successors could be out of time.

A new university study and the ever - increasing use of wireless devices, such as the BlackBerry, could result in a flood of lawsuits against employers for creating an allegedly dangerous environment where unpaid overwork is required for success, promotion and job security, a leading law firm warns -LSB-...] Giving rise to possible claims, is a recent study by Gayle Porter, Associate Professor of Management at Rutgers University in New Jersey, which suggests possible liability for companies if they keep their employees on «electronic leashes» as part of their job requirements.

More on point for most of the court cases in this area, the Committee explained that «whether an attorney has an obligation to disclose a mistake to a client will depend *** on all relevant facts, such as whether the error or omission gives rise to a colorable malpractice claim, is capable of correction or is injurious to a client.»

However, if an incident occurs in a parking lot, that can raise questions as to whether this is a straight motor vehicle claim or whether it may also give rise to premises liability claims, which hold property owners and controllers responsible for creating or failing to mitigate risks on their property.

While men on shared parental leave can not directly compare themselves with women on maternity leave, enhancing maternity pay but not shared parental pay may give rise to an indirect discrimination claim.

Because our Professional Liability Insurance coverage is written on a claims - made basis, if you know of any circumstances which might possibly, at some point in the future, give rise to an insurance claim against you and you want coverage under your Insurance Policy, then

In such circumstances, I do consider that there was a positive obligation on the part of the defendants» deponent, the adjuster who oversaw the matter, to expressly and directly address the relationship of Item 4.3 and the plaintiff's claim for TTD benefits, and the extent to which that claim gave rise to the creation of Item 4.3.

As well, your past can come back to haunt you and work done prior to scaling back your practice can ultimately give rise to a claim that exceeds the apparent dollar value of the file when you worked on it.

The insured claimed in each case that the insurer's letter and attached «STANDARD REPORT,» when read together, gave rise to a legal obligation to determine the «actual cash value» of the property on the basis of a replacement cost less ten percent depreciation, an amount more than that determined due by the insurer and later by a referee.

We have assisted Alma Media Group companies in various labour disputes, including both civil and criminal claims on wrongful dismissal and discrimination, which have given rise to several legal precedents.

Legal Counsel for the Manitoba Metis Federation has recently suggested that it will rely on Marshall to argue that the court should consider the underlying negotiations between Louis Riel and the federal government which gave rise to the rights of the Metis, embodied in the Manitoba Act of 1870, upon which Metis land claims in Manitoba are based.40

On the implied waiver claim, the Court held that a pleading by a plaintiff that alleged it would not have entered a settlement agreement had it known about certain fraudulent conduct did not give rise to an implied waiver of solicitor - client privilege in communications related to the settlement.

In P&O Nedlloyd these cases were explained as cases in which the same facts gave rise to a claim — whether at law or in equity — and the same kind of relief was obtainable but it was on this basis that they were distinguished from a case involving claims in breach of contract and specific performance.

«[T] he weight of authority suggests that accurate news reporting — even when it is likely to have an adverse impact on the subjects of the report — usually does not give rise to an action for intentional infliction of emotional distress»: Yesterday, a unanimous three - judge panel of the U.S. Court of Appeals for the Tenth Circuit issued a decision affirming a federal district court's dismissal of claims for invasion of privacy and intentional infliction of emotional distress asserted by two former undercover police officers against a television station in Albuquerque that had revealed their identities and their undercover status in the context of a televised report about their suspected involvement in an alleged incident of sexual assault.

The ARP achieved the desired result on the basis that the first defendant committed the dishonest acts that gave rise to the claims, and that the second and third defendants, by their condoning of general dishonest conduct, were themselves dishonest.

Ineffective assistance: a poor lawyer - client relationship, especially in criminal law matters, can give rise to appeals based on ineffective assistance by counsel, which can in turn lead to claims.

Given the basic nature of the errors that give rise to most property related claims and the tendency of some firms to use unqualified people for parts of the process, it is to be hoped that a greater emphasis on supervision will lead to a reduction in claims against conveyancers.»

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»

The case of Niruvati kamble (policy holder) whose insured dumper was stolen on 16 July 2012 gave rise to a new regulation which stated that insurance companies have to pay the claim in the delay written intimation case as well.

Coverage is dependent on the actual facts and circumstances giving rise to a claim.