Not exact matches
Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory
immunity provisions relied upon by the ERCB and Alberta Environment — was that the
immunity clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member of the Board...») whereas the
immunity provisions under the Water Act and the EPEA did not (referring only to «persons»
in various capacities; see paras 62 — 71).
Counsel for Ms. Ernst argued that these were inapplicable
in light of the pleadings that Alberta Environment had acted
in bad faith (these
provisions explicitly limit
immunity to acts or omissions taken
in good faith).
This would certainly seem to be effective to confer an
immunity on the listed parties for losses that are incurred
in the province; but what if a party outside the province suffers losses (see Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 SCR 297, 1984 CanLII 17 (SCC)-RRB-, or what if the exercise of authority under the Act rests upon a reckless understanding as to the constitutional underpinnings of a particular
provision?
Even then, the district may have a defense against the liability
in the form of «governmental
immunity,» although laws regarding injury claims that establish this precedent differ considerably across states.7 All five states included
in this analysis had some form of governmental
immunity, but the strength of those
provisions varies.
In such cases the provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charg
In such cases the
provisions of paragraph 5 of this article shall also apply, except that the
immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag
in his charg
in his charge.
Although
immunity can be waived, keep
in mind that even if a tribe has expressly waived sovereign
immunity, there may be other procedural pitfalls, such as notice of claim
provisions and statute of limitations deadlines pertaining to actions against the tribal government or employees.
The three dominant themes
in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities
in Iraq / Afghanistan viewed
in the context of PIL and
provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic
immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities
in the UK (Civil
immunity cases).
Although the UK criminal courts can
in some (very rare) circumstances recognise cooperation by individuals with criminal investigations by granting
immunity or imposing reduced sentences, 25 there are no equivalent
provisions enabling individuals to enter into such negotiated settlements with prosecuting authorities.
I don't know whether the same issue has arisen
in U.K. caselaw, though I note that the U.K. State
Immunity Act has a
provision (s. 21) quite similar to s. 14 of the Canadian Act.
In doing so, it placed especial emphasis on the fact that a similarly structured
provision was dropped from the final text of the UN Convention on Jurisdictional
Immunities for States and their Properties 2004, as it was considered contrary to the principle of non-discrimination on grounds of nationality, one of the cornerstones of international law.
O.C.G.A. § 16-11-135 is just one of many
immunity provisions under Georgia law, and those with a possible negligence claim should always consider finding counsel experienced
in the legal nuances of all the possible claims they may have.
That jurisdiction is founded on statutory
provision which requires the law of the DIFC to be first applied and only
in absentia to move on to the cascading subparagraphs»
provisions, of which the last is the law of England and Wales, which for reasons which are apparent,
in the light of the decisions of the English Courts set out above (Burton J and Briggs LJ) on the absence of
immunity of the KRG
in the present case, does not assist the KRG.
In my judgment, there is no way of escaping the width of the waiver
provisions, which specifically refer to the assets of the KRG and, as is accepted, of the KRI also, and can only be taken therefore to include a waiver of
immunity from execution as well as suit.
In doing so, he referred to the US and European provisions and to Article 7 (1)(b) of the 2004 UN Convention on Jurisdictional Immunities of States and their Property, which Lord Bingham had referred to in Jones v Saudi Arabia [2007] 1 AC 70 at paragraphs 8 and 26 (d) as reflecting current international thinkin
In doing so, he referred to the US and European
provisions and to Article 7 (1)(b) of the 2004 UN Convention on Jurisdictional
Immunities of States and their Property, which Lord Bingham had referred to
in Jones v Saudi Arabia [2007] 1 AC 70 at paragraphs 8 and 26 (d) as reflecting current international thinkin
in Jones v Saudi Arabia [2007] 1 AC 70 at paragraphs 8 and 26 (d) as reflecting current international thinking.
It is to be noted that the peculiarity of the HKSAR's position
in relation to the PRC, its Basic Law and the express
provision therein requiring reference of matters within the powers of the Central People's Government to the Standing Committee, together with the PRC doctrine of absolute
immunity, form the context
in which this decision was made.
Notwithstanding that it had instructed Wilmer Hale, London - based solicitors who had represented it at all stages of the London - seated Arbitration and the related High Court proceedings, the KRG refused to give Wilmer Hale permission to accept service of the Claimants» application for a peremptory order, thus obliging the Claimants to serve that application
in accordance with the slow and cumbersome
provisions set out
in section 12 (1) of the English State
Immunity Act 1978 and Rule 6.44 of the English Civil Procedure Rules (the «English CPR»).......
In Benkharbouche v Embassy of Sudan, the Court declared that two
provisions of the State
Immunity Act 1978, which prevented members of the service staff of two embassies from bringing employment claims before the English courts, are incompatible with Articles 6 and 14 of the ECHR.
State courts have also recognized that legislative
immunity provisions enshrined
in state constitutions also protect this bedrock principle.12 Moreover, as one Florida appellate court noted, legislative
immunity is integral to the constitutional separation of powers: «The power vested
in the legislature under the Florida Constitution would be severely compromised if [the judicial branch could compel] legislators... to appear
in court to explain why they voted a particular way or to describe their process of gathering information on a bill.»
Our trial attorneys have obtained numerous judgments for clients
in both federal and state trial courts, including claims where
provisions of the Tort
Immunity Act were successfully argued to limit and / or completely bar claims.
No
provision of this section, or of any other section of the Florida Statutes, whether read separately or
in conjunction with any other
provision, shall be construed to waive the
immunity of the state or any of its agencies from suit
in federal court, as such
immunity is guaranteed by the Eleventh Amendment to the Constitution of the United States, unless such waiver is explicitly and definitely stated to be a waiver of the
immunity of the state and its agencies from suit
in federal court.
Articles 11 to 14 and Article 17 of the Protocol on the privileges and
immunities of the European Union shall apply to the Judges, Advocates - General, Registrar and Assistant Rapporteurs of the Court of Justice of the European Union, without prejudice to the
provisions relating to
immunity from legal proceedings of Judges which are set out
in the preceding paragraphs.
The function of a parallel Ontario
provision (as well as the limits of such
immunity where a plaintiff alleges bad faith conduct) is illustrated
in the Ontario case of Deep.
In respect of non-EU law rights, the Supreme Court re-affirmed the Court of Appeal's «declaration of incompatibility» under Human Rights Act 1998, stating that the relevant
provisions of the State
Immunity Act are contrary to the Claimants» right of access to the court and are discriminatory.
Once
in a while I post on State
Immunity, one of my favourites sub-themes in same being waiver of immunity, whether by contractual provision or following sub
Immunity, one of my favourites sub-themes
in same being waiver of
immunity, whether by contractual provision or following sub
immunity, whether by contractual
provision or following submission.
After the verdict, the defendants brought a «threshold motion» (Shaw v. Mkheyan, 2017 ONSC 851) for a declaration that Mr. Shaw's claims for general damages and future care costs were barred on the basis that his injuries did not fall within the exceptions to the statutory
immunity provided for
in sections 267.5 (3)(b) and 267.5 (b) of the Insurance Act, RSO 1990, c. I. 8 and the applicable regulations (the «threshold
provisions»).
11KBW's Karen Steyn QC appeared
in Benkharbouche and Janah (judgment 18 October 2017),
in which the Supreme Court held that
provisions of the State
Immunity Act 1978 preventing...
Also, the law appears
in direct conflict with 47 U.S.C. 230, a
provision in the federal Communications Decency Act which provides intermediaries such as blogs, social networking sites and online publications with
immunity from any legal obligations regarding the comments of downstream users.
The US Department of Justice (DoJ) has used the leniency and
immunity provisions with some success to secure convictions, particularly
in relation to cartel offences.
Detractors have and will continue to cite the fact that CMCHA 2007 provides
immunity for many government departments — importantly, the
provisions relating to deaths
in custody will not come into effect for at least another five years.
The effect of the statutory
immunity provisions is that those
in the boardroom are increasingly vulnerable to others rightly or wrongly blowing the whistle.
However, it concluded that the Russian courts had failed to examine whether the nature of the transaction underlying the claim was of a private law nature and to take into account the
provisions of international law
in favour of restrictive
immunity.
That
provision, which is roughly equivalent to the safe harbor
provisions in Section 512 of the DMCA, gives conditional
immunity to Internet platforms for user - uploaded content, and rules out the imposition of a general obligation to monitor such content.