Sentences with phrase «in civil proceedings by»

Section 21 (1) provided: «In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Act, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require.»

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.

Not exact matches

The Australian Securities and Investments Commission has launched civil proceedings against Perth - based State One Stockbroking, and in a separate matter has accepted undertakings from two liquidators employed by Melsom Robson.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

Cohen's declaration, in support of his request to pause proceedings in the civil case, cited an «ongoing criminal investigation by the FBI and U.S. Attorney for the Southern District of New York.»

Thirdly, charities, NGOs and civil society groups, which are often invited by the court to «intervene» in proceedings to offer advice, could now find themselves liable to pay the costs of all the parties.

James Rhodes / War Machine (Don Cheadle) has a smaller, but meaningful role to play in the proceedings here by comparison, while Clint Barton / Hawkeye (Jeremy Renner) and Scott Lang / Ant - Man (Paul Rudd) are the established MCU players who get the least onscreen development - but Civil War makes up for that by giving these characters some of the best action scenes in the movie.

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

After obtaining the required license, and paying the civil penalty prescribed by this subsection, the creditor may bring and maintain proceedings in the courts of this state on consumer credit transaction contracts, and the enforceability of the contracts shall not be impaired by the prior failure to obtain a license, irrespective of whether the consumer credit transaction contracts were made before or after the license was obtained.

As most of you know, the Dodd - Frank Act gives the CFPB various enforcement powers including the authority to engage in administrative enforcement actions (typically followed by a consent order) and to bring civil litigation proceedings.

The information obtained in the course of any examination or inspection shall be confidential, except in civil or administrative proceedings conducted by the Administrator, or criminal proceedings instituted by the state.

In the past five years, civil justice statistics show that proceedings commenced in the magistrates and county courts have increased by 0.4 million (from 1.4 million to 1.8 million in 2016), a trend likely to satisfy litigators as evidence of a well - used, accessible system of dispute resolutioIn the past five years, civil justice statistics show that proceedings commenced in the magistrates and county courts have increased by 0.4 million (from 1.4 million to 1.8 million in 2016), a trend likely to satisfy litigators as evidence of a well - used, accessible system of dispute resolutioin the magistrates and county courts have increased by 0.4 million (from 1.4 million to 1.8 million in 2016), a trend likely to satisfy litigators as evidence of a well - used, accessible system of dispute resolutioin 2016), a trend likely to satisfy litigators as evidence of a well - used, accessible system of dispute resolution.

- Massive reduction in barristers» hourly fees for civil (non-family) proceedings by around 50 %.

The draft order seeks to reduce all fees payable in civil and family matters by 10 %; and limit the level of enhancements that can be paid to solicitors in civil and family cases at 100 % for cases heard in the Upper Tribunal High Court, Court of Appeal and Supreme Court and 50 % for all other proceedings.

In this civil action brought by Dionisije and the other respondents in Illinois Circuit Court, the Supreme Court of Illinois held that the proceedings of the Mother Church respecting Dionisije were procedurally and substantively defective under the internal regulations of the Mother Church and were therefore arbitrary and invaliIn this civil action brought by Dionisije and the other respondents in Illinois Circuit Court, the Supreme Court of Illinois held that the proceedings of the Mother Church respecting Dionisije were procedurally and substantively defective under the internal regulations of the Mother Church and were therefore arbitrary and invaliin Illinois Circuit Court, the Supreme Court of Illinois held that the proceedings of the Mother Church respecting Dionisije were procedurally and substantively defective under the internal regulations of the Mother Church and were therefore arbitrary and invalid.

In civil proceedings, disclosure is regulated by the duty to file a list of documents (CPR 1998, Pt 31) and to disclose the existence at, or during, trial (without being asked) of any further relevant documents (Vernon v Bosley (No 2)[1999] QB 18, [1997] 1 All ER 614).

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iIn relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iin civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iin connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iin order to implement or enforce it.

More generally, confidentiality created by contract is a poor shield either against the disclosure obligation in English civil proceedings, or against a witness summons.

[Draftsman turns to Mr Z: «If you are a former client of a lawyer who holds, or whose firm holds, confidential information of yours which might reasonably be expected to be material where an issue arises between you and another client of that firm, you can apply to the High Court by claim (Civil Procedure Rules 1998 Pt 8); or by application in any court proceedings in which the question arises... etc»].

Returning to the Mediation Directive, Art 7 represents, no doubt, the outcome of a committee - based compromise, by seeking to impose a broadly based privilege for mediators (and others «involved in the administration of the mediation process») against being compelled to give evidence in civil proceedings arising out of or in connection with a mediation process, subject only to two very narrowly drawn exceptions, which would not appear to recognise any of the established exceptions to the without prejudice principle, save indirectly perhaps the fourth.

If presiding Justice Kenneth N. Affleck decides to forego civil contempt charges and, instead, holds criminal contempt proceedings, the Attorney General of BC could be asked by the court to step in as prosecutor.

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.

Though a judicial divorce may be sought in Japan by a civil litigation in the District Court, conciliation proceedings must first be commenced in the Family Court.

This provision must be read in conjunction with Recital 6, which states that «administrative proceedings leading to sanctions such as competition, trade, tax, financial services proceedings and other investigations by administrative authorities in relation to these proceedings, and also civil proceedings are not covered by this Directive.»

While the Court of Appeal acknowledged the Supreme Court of Canada's pronouncement in F.H. v. McDougall, 2008 SCC 53 that there is only one standard of proof in civil proceedings, it confirmed that the civil standard could be modified by statute and that the Police Services Act had, in fact, modified the applicable standard in that case.

The test corresponded closely to that laid down in the criminal context by R v Ghosh; and it was more appropriate that the test for dishonesty in the context of solicitors» disciplinary proceedings should be aligned with the criminal test than with the test for determining civil liability for assisting in a breach of a trust.

Spears» divorce and custody proceedings with Kevin Federline ($ 460,000 in total fees and costs), a Florida civil suit brought by a former manager ($ 113,000), a driving - without - a-license trial ($ 26,000) and a dispute over mold in a Malibu property leased by Spears ($ 7,000).

As a matter of principle, in civil proceedings, evidence obtained by illegal means will only be taken into consideration if the interest in finding the truth is clearly prevailing.

By way of update to our Litigation Funding in Singapore report on 3 August 2016, on 10 January 2017 the Singapore Parliament passed amendments to the Civil Law Act legalising third - party funding in arbitration and related proceedings in Singapore.

Although a claim brought in the courts will have a cost attached to it, the cost of any such proceedings may be less than the damage caused by the initial error, particularly in an unopposed claim brought pursuant to Part 8 of the Civil Procedure Rules.

Hence, legal professional privilege can now generally be asserted in answer to any demand for documents by a public or other authority; it is not limited to a right that may be asserted only in the context of civil or criminal proceedings.

In the UK, historically civil proceedings have generally been stayed pending the outcome of any parallel criminal proceedings although courts have considered this approach case by case.

HRA 1998, s 8 (1) and (2) says that the court can award such damages «within its powers as it considers just and appropriate»; but «(2)... damages may be awarded only by a court which has power to award damages... in civil proceedings».

Directions in civil proceedings can be made only as prescribed by CPA 1997, s 5 (2)(as amended by Constitutional Reform Act 2005 (CRA 2005).

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.&rCivil 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.&rcivil 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.&rcivil 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 relation to permission it looks at the criterion by which the court is guided in deciding whether to allow the report in; and briefly compares the difference — if there is one — between deciding to permit putting in a report in mainstream civil, and in family, proceedingIn relation to permission it looks at the criterion by which the court is guided in deciding whether to allow the report in; and briefly compares the difference — if there is one — between deciding to permit putting in a report in mainstream civil, and in family, proceedingin deciding whether to allow the report in; and briefly compares the difference — if there is one — between deciding to permit putting in a report in mainstream civil, and in family, proceedingin; and briefly compares the difference — if there is one — between deciding to permit putting in a report in mainstream civil, and in family, proceedingin a report in mainstream civil, and in family, proceedingin mainstream civil, and in family, proceedingin family, proceedings.

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.

After that the court still has the power (and duty: FPR 2010 r 1.4 (2)(e)-RRB- to control the calling of evidence by deciding whether or not to give permission; and in so doing the case management judge must decide whether the evidence is «reasonably required» to resolve issues before the court (civil proceedings generally: CPR 1998 r 35.1), or in the case of family proceedings whether it is «necessary to resolve the proceedings» (Children and Families Act 2014, s 13 (6)(children proceedings); FPR 2010 r 25.4 (3)(other family proceedings)-RRB-.

In the UK, an online court will be operating by September and broadly deployed to a wide range of civil court proceedings by May 2020, Legal Futures reports.

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

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»:

Just when most magistrates» legal advisers had cracked the question of what type of proceedings are child support proceedings in their court (they are not «family proceedings» because they are not listed in MCA 1980 s 65 (1) among those statutes which do give rise to «family proceedings»); just when the more alert had resolved that they are therefore civil proceedings, heard in open court and by the procedure set out in MCA 1980, s 53 and under the appropriate non-family procedural rules; along comes s 111A (5).

Civil proceedings in the High Court in London against the Kuwaiti government were blocked by a plea of immunity, which succeeded there and in the Court of Appeal.

By way of example, in 2008 the Serious Fraud Office (SFO) settled civil proceedings against Balfour & Beatty arising out of a construction project in Alexandria, Egypt.

The appellants argued that statements made during council meetings are akin to statements made in the federal and provincial parliaments and should be protected by way of a similar speech immunity.8 The absolute privilege enjoyed by members of the legislatures and Parliament, encompassed under the umbrella of «parliamentary privilege,» secures the right of parliamentarians to speak and debate freely in parliamentary proceedings with immunity from civil or criminal action.

She advises capital markets participants on regulatory matters and internal investigations, and provides representation in civil and regulatory proceedings and investigations conducted by the Investment Industry Regulatory Organization of Canada and the Ontario Securities Commission.