Sentences with phrase «in civil proceedings»

Second, the in - house attorney can not represent its employer in civil proceedings in higher courts, including labor courts, in cases where the representation by an attorney is required.

What occurs during family mediation can not be used in civil proceedings unless both parties want it to be or if there are issues regarding children's safety or criminal activities.

There is also the risk that the authority will be required to disclose those documents if it becomes involved in civil proceedings.

This is the highest burden of proof in civil proceedings.

A notice of motion in this criminal context is not the equivalent of a statement of claim in a civil proceedings.

We represent clients in civil proceedings and seek to have temporary criminal protection orders lifted.

Perhaps the notice - to - admit process in civil proceedings avoids challenges in the courtroom.

On privilege, the in - house counsel has the right to refuse testimony in civil proceedings about his in - house work as witness.

The Court of Appeal has told the Government three times in 24 hours that it can not keep evidence secret in civil proceedings.

Admittedly had no report been made there would have been no conviction of the defendants, which undoubtedly was of assistance in the civil proceedings.

Does their role in the civil proceedings (witness, defendant, etc.) affect the answer?

For example, an order of discharge does not release a bankrupt person from any debt arising from an award of damages by a court in civil proceedings stemming from «bodily harm intentionally inflicted, or sexual assault»:

«Is it right that parties in civil proceedings, many of whom will not have money to spare, should subsidise proceedings between divorcing couples, still less proceedings for the protection of children?

Over the last 15 years there has been a growth in the number of individuals acting in civil proceedings as litigants in person (LiP).

Canadian Imperial Bank of Commerce et al. v. Deloitte & Touche et al. 2014 ONCA 89 Professional Occupations — Accountants — Disciplinary proceedings — Evidence inadmissible in civil proceedings The plaintiffs brought an action, alleging that the defendant, Deloitte & Touche (Deloitte) was negligent in preparing the 1995 and 1996 annual statements of Philip Services Corp. (Philip).

It is based on a compensation claim raised in civil proceedings by a German citizen who claims to have been injured during a skiing accident by a Czech citizen in the Province of Bolzano.

The evolving jurisprudence on the standard of proof in the civil context indicates that an allegation of criminal conduct in civil proceedings is not sufficient in itself to require the criminal standard of proof.

The level of the award of bereavement damages in civil proceedings in England and Wales is to be set by reference to the RPI.

However, the case law is clear that it is a matter of discretion for the trial judge in the civil proceedings to decide whether to adjourn (Jefferson v Betcha [1979] 2 All ER 1108) and one to be exercised «with great care» only where there is «a real risk of serious prejudice» (R v Panel on Takeovers and Mergers, ex parte Fayed [1992] BCLC 938).

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.»

Both sides will get the chance to prove their cases in the civil proceedings in London.

For example, an order of discharge does not release a bankrupt person from any debt arising from an award of damages by a court in civil proceedings stemming from «bodily harm intentionally inflicted, or sexual assault»: Bankruptcy and Insolvency Act, RSC 1985, c B - 3 (the «BIA»), s. 178 (1)(a. 1)(i).

Courts have, however, deemed references to «costs» in statutes to involve some built - in limitations, these being the principles that courts will apply when awarding and quantifying costs in civil proceedings, unless a statute says otherwise: see Roberts v. College of Dental Surgeons (British Columbia)(1999), 63 B.C.L.R. (3d) 116 (C.A.) and Shpak v. Institute of Chartered Accountants of British Columbia, 2003 BCCA 149.

Upon qualification, she also obtained Higher Rights of Audience in civil proceedings.

does not accept the premise that closed material procedures (CMPs) should be more widely available in civil proceedings... does not accept that the increased use and training of Special Advocates can address the inherent disadvantages to claimants that the increased use of CMPs would inevitably involve.»

On a closely related topic, the EAT recently decided in E Pereira De Souza v Vinci Construction UK Ltd that the 10 % Simmons v Castle uplift applied in civil proceedings does not apply to awards in the Tribunal for injury to feelings.

Indeed, once upon a time, the FAIR organization was heard to argue strenuously for the retention of the jury trial in civil proceedings, exactly because it was sought that juries would be MORE inclined to help the plaintiff in claims, legitimate and otherwise.

Without a Charter right to timely proceedings in private matters, many civil lawyers have been complaining about an even more pronounced delay in civil proceedings.

The Supreme Court distinguished the situation which arose in Gohil from a claim that a settlement agreement in civil proceedings was induced by misrepresentation.

«Does the interpretation of Articles 18 and 21 TFEU preclude the application of provisions of national law, such as those at issue in the main proceedings, which grant the right to use the German language in civil proceedings pending before the courts in the province of Bolzano only to Italian citizens domiciled in the Province of Bolzano, but not to nationals of other EU Member States, whether or not they are domiciled in that province?»

The amendments are devoted exclusively to which copy court documents filed in civil proceedings can be extracted without permission by the media and other nosy parkers — or, indeed, practitioners wishing to know, for whatever commendable reason, what an opponent is up to in other proceedings in which he is involved.

«matrimonial cases were different from ordinary civil cases in that the binding effect of a settlement embodied in a consent order stems from the court's order and not from the prior agreement of the parties... in family proceedings there is always a duty of full and frank disclosure, whereas in civil proceedings this is not universal».

After much anticipation, the Law Society of Hong Kong announced earlier this month that the new and increased solicitors» hourly rates (SHR) for party and party taxations in civil proceedings has been approved by the Hong Kong judiciary (the judiciary), and will apply to all work carried out by solicitors from 1 January 2018 onwards.

In exercising that discretion, the judge must balance that risk with the public interest in the civil proceedings (Secretary of State for Trade and Industry v Crane [2001] 2 BCLC 222, [2001] All ER (D) 148 (Apr)-RRB-.

They were made by the Lord Chancellor under the Justice and Security Act 2013 and surprisingly were not published in blank as they deal with the Act's regime for a closed material procedure in civil proceedings in England and Wales in the High Court, Court of Appeal and Supreme Court.

What I subsequently saw in civil proceedings in which I faced counsel for as many as three parties at one time never really came close to being what any sane person would call due process.

Historically health care professionals have avoided apologizing to patients for mistakes out of fear the apology would be considered an admission of guilt in civil proceedings.

However, the FPR go no further than to assert that there can be disclosure of admissions, statements and documents made in civil proceedings to police and prosecutors in criminal proceedings.

the fact that a defendant, by serving a defence in civil proceedings, would be giving advance notice of their defence in criminal proceedings, carries little weight in the context of an application for a stay of civil proceedings;