His litigation experience also covers e-commerce, Internet, advertising, trade secrets, defamation and right of publicity cases, and he represents creditors
in judgment enforcement, adversary bankruptcy proceedings and related actions.
I have also represented creditors and debtors
in judgment enforcement and in adversary proceedings in Bankruptcy Court.
Not exact matches
Political values are important
in antitrust, but political pressure on government enforcers undercuts their ability to make professional
judgments about
enforcement policy.
Although
in the civil
enforcement action the SEC got a $ 12 million default
judgment, the U.S. Attorney got a guilty plea for one good, old - fashioned count of wire fraud.
Delivering
judgment on Tuesday, Justice John Tsoho,
in giving the EFCC a go - ahead to continue and conclude its ongoing investigations, struck out the fundamental human rights
enforcement suit filed by the former First Lady against the anti-graft agency.
«SERAP therefore believes that the swift
enforcement and implementation of this landmark
judgment by the government of President Muhammadu Buhari will be litmus test for the President's oft - repeated commitments to transparency, accountability and the fight against corruption, and for the effectiveness of the Freedom of Information Act
in general.»
The organisation said that, «The
enforcement and implementation of the
judgment should not be delayed as to do this is to continue to frustrate the victims of corruption
in the country since the return of democracy
in 1999, and will threaten to undermine the authority of our judicial system.»
SERAP letter reads
in part «Given the relative newness of the Buhari government, the effective
enforcement and implementation of the
judgment will invariably involve setting up a mechanism by the government to invite the leadership and high - ranking officials of the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar» Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.»
«Since I've been commissioner, for all the complaining that I've done with the problems with the old
enforcement unit, they never got this far behind with dealing with the non-filers from elections, and I regard this as a step back that people who ran
in September and November still haven't even gotten the notice letters that are required before we can get the
judgments from them,» he said.
We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law
enforcement measures, and to comply with other legal obligations, such as FCC requirements,
in our sole
judgment.
The Nevada Supreme Court, therefore, affirmed
in part and reversed
in part the lower court's order
in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory
judgment and permanent injunction prohibiting
enforcement of section 16 of SB 302
in the absence of an appropriation consistent with the supreme court's opinion.
Ruling / Rationale: The Nevada Supreme Court, therefore, affirmed
in part and reversed
in part the lower court's order
in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory
judgment and permanent injunction prohibiting
enforcement of section 16 of SB 302
in the absence of an appropriation consistent with the supreme court's opinion.
(A) The competitive impact of such
judgment, including termination of alleged violations, provisions for
enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such
judgment that the court deems necessary to a determination of whether the consent
judgment is
in the public interest; and
The parties have been unable to agree upon any of the matters of substance,
in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so
in what form there should be an order for publicity of the
judgment as an
enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order
in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»
The States, through their investigations and
enforcement actions, have found that, through advertising and telemarketing, consumers may be led to believe debt settlement is a relatively risk free process with little or no negative consequences, when
in fact consumers risk growing debt, deteriorating credit scores, collection actions, and lawsuits that may lead to
judgments and wage garnishments.
Indeed, even while a consumer is enrolled
in a debt relief program, creditors and debt collectors may continue to make collection calls pending resolution of the consumer's debts and may proceed with lawsuits and subsequent
enforcement of any
judgments, such as through garnishment of wages.
July 31, 2011, 11:35 a.m. Updated There's been a rush to all manner of
judgments over the strange case of Charles Monnett, the biologist for the Bureau of Ocean Energy Management, Regulation and
Enforcement who provided a powerful talking point for climate campaigners, including former Vice President Al Gore, with his description of several drowned polar bears spotted during an aerial marine - mammals survey
in 2004 — an observation enshrined
in a short paper published
in Polar Biology
in 2006.
In international arbitration enforcement of awards is facilitated by the New York Convention in more jurisdictions and more easily than enforcement of court judgments internationall
In international arbitration
enforcement of awards is facilitated by the New York Convention
in more jurisdictions and more easily than enforcement of court judgments internationall
in more jurisdictions and more easily than
enforcement of court
judgments internationally.
In Mubarak v Mubarak [2001] 1 FLR 698, [2000] All ER (D) 2302 the first post-Human Rights Act 1998 case on this jurisdiction (and see «Enforcement matters», David Burrows, 159 NLJ 7368, p 653), Brooke LJ emphasised the importance that the respondent, who faces what amounts to a criminal charge (see Engel and Others v The Netherlands (No 1)(1979) 1 EHRR 647), should know the case against him or her (ie McFarlane LJ's list: (a) and (b)-RRB-: «In Newman v Modern Bookbinders Ltd [2000] 2 All ER 814, [2000] 1 WLR 2559 judgment was given in [a case which is] far removed from the presen
In Mubarak v Mubarak [2001] 1 FLR 698, [2000] All ER (D) 2302 the first post-Human Rights Act 1998 case on this jurisdiction (and see «
Enforcement matters», David Burrows, 159 NLJ 7368, p 653), Brooke LJ emphasised the importance that the respondent, who faces what amounts to a criminal charge (see Engel and Others v The Netherlands (No 1)(1979) 1 EHRR 647), should know the case against him or her (ie McFarlane LJ's list: (a) and (b)-RRB-: «
In Newman v Modern Bookbinders Ltd [2000] 2 All ER 814, [2000] 1 WLR 2559 judgment was given in [a case which is] far removed from the presen
In Newman v Modern Bookbinders Ltd [2000] 2 All ER 814, [2000] 1 WLR 2559
judgment was given
in [a case which is] far removed from the presen
in [a case which is] far removed from the present.
This very short
judgment makes me feel that much more was said
in camera, but later removed as too controversial or too telling of a preference for public or private
enforcement.
After all these years, the Ecuadorian plaintiffs deserve to have the recognition and
enforcement of the Ecuadorian
judgment heard on the merits
in an appropriate jurisdiction.
In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91
In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity
in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91
in a fundamental rights case to mention the Fransson
judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read
in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91
in a way that would view it as an apparent ultra vires act or as if it endangered the protection and
enforcement of the fundamental rights
in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91
in the Member States» (
Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).
Lawyers from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview of key practical issues concerning
enforcement of
judgments and arbitral awards
in our four jurisdictions.
Once
judgment is obtained the team advises and takes action
in relation to
enforcement, using remedies under the Civil Procedure Rules or the Insolvency Act as appropriate.
Unlike other areas of law, each member state of the EU keeps its own family law and can decide its own terms: While the EU provides a common set of rules for jurisdiction, recognition and
enforcement of
judgments and orders, Britain has three systems of substantive law
in England, Scotland and Northern Ireland with each system operating almost independently.
(The ridiculous Loewen funeral home
judgment was not brought to Canada for
enforcement; it was sufficiently harmful
in the US.)
This
judgment brings the BVI back into line with many other countries which make no automatic distinction between the location of the
judgment, but rather leave that to be considered
in the Judge's discretion on the
enforcement application itself.
Enforcement This can be a key step
in recovering your money and should be taken if obtaining a default
judgment does not secure payment.
Service Bailiffs
In charge of the handling and delivery of certain court documents and the timely
enforcement of
judgment remedies.
Advising a fund on bringing fraud proceedings against former directors and third parties, and
enforcement of a foreign
judgment in the UK.
We regularly advise companies from China and across South - East Asia and Taiwan on setting up and trading
in the UK, and assist with litigation or dispute resolution, including the
enforcement of foreign
judgments and debt recovery.
In reaching this decision, the Jersey Royal Court has demonstrated not only that it will take an innovative and pragmatic approach to ensure that freezing orders are effectively policed, but also that it will assist foreign courts in the enforcement of judgments by ordering judgment debtors within its jurisdiction to make disclosure of their worldwide asset
In reaching this decision, the Jersey Royal Court has demonstrated not only that it will take an innovative and pragmatic approach to ensure that freezing orders are effectively policed, but also that it will assist foreign courts
in the enforcement of judgments by ordering judgment debtors within its jurisdiction to make disclosure of their worldwide asset
in the
enforcement of
judgments by ordering
judgment debtors within its jurisdiction to make disclosure of their worldwide assets.
From 10 January 2015, Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and
enforcement of
judgments in civil and commercial matters (Brussels Regulation (recast)-RRB- applies.
In my judgment, a residence test can not be justified in relation to the enforcement of domestic law or the protection afforded by domestic law, which is applicable to all equally, provided they are within its jurisdictio
In my
judgment, a residence test can not be justified
in relation to the enforcement of domestic law or the protection afforded by domestic law, which is applicable to all equally, provided they are within its jurisdictio
in relation to the
enforcement of domestic law or the protection afforded by domestic law, which is applicable to all equally, provided they are within its jurisdiction.
Illinois law provides ample opportunity for Illinois business lawyers to assist
in the
enforcement of old
judgments for at least 27 years after the date the
judgment was entered.7 Although caselaw has yet to encounter such a fact pattern, a judgement, if properly revived every 7 years may carry on indefinitely.
Before discussing the considerations applicable
in this case, it may be useful to reiterate the theoretical basis for the recognition and
enforcement of foreign
judgments.
Client then won a county bar fee arbitration and a later superior court bench trial against attorney, where attorney got no relief (and
in fact an indication that client overpaid after prior
judgment enforcement although client never cross-complained).
Victoria is experienced
in the cross-border and domestic
enforcement of
judgments.
In doing so, Corbett, J. found the law firm was not negligent in its unsuccessful effort to defeat the enforcement in Ontario of the foreign judgment, nor was it negligent in failing to advise the lawyer to immediately sue LAWPRO, once the enforcement action was commenced in Ontari
In doing so, Corbett, J. found the law firm was not negligent
in its unsuccessful effort to defeat the enforcement in Ontario of the foreign judgment, nor was it negligent in failing to advise the lawyer to immediately sue LAWPRO, once the enforcement action was commenced in Ontari
in its unsuccessful effort to defeat the
enforcement in Ontario of the foreign judgment, nor was it negligent in failing to advise the lawyer to immediately sue LAWPRO, once the enforcement action was commenced in Ontari
in Ontario of the foreign
judgment, nor was it negligent
in failing to advise the lawyer to immediately sue LAWPRO, once the enforcement action was commenced in Ontari
in failing to advise the lawyer to immediately sue LAWPRO, once the
enforcement action was commenced
in Ontari
in Ontario.
Caroline is instructed
in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance;
enforcement of foreign
judgments; mortgage fraud and claims concerning undue influence.
In defence of the Uniform
Enforcement Act, it was intended to provide a quicker and simpler method of enforcing Canadian
judgments across the country than does the Reciprocal Enforcement of Judgm
judgments across the country than does the Reciprocal
Enforcement of
JudgmentsJudgments Act.
So Ehrenfeld has taken the lead
in promoting legislation, which would block
enforcement of libel
judgments from countries that provide less free speech protection than
in the United States.
The consequence of this recognition would be,
in effect, the (constitutionality required) uniform
enforcement across Canada of
judgments of Canadian courts.
Decisions of employment tribunals along with the Employment Appeal Tribunal, the First - tier Tribunal and the Upper Tribunal will be registrable
in the Register of
Judgments, Orders and Fines once filed for
enforcement with the High Court or a county court.
I want to look
in particular at van Breda, which deals at length with jurisdiction simpliciter and with forum non conveniens, with a discussion of real and substantial connection and a sideways glace at
enforcement of foreign
judgments (not yet at issue
in this case, of course.)
Very reliable assurance of actual receipt seems to me necessary
in order to support default
judgments and their
enforcement.
First, unless the defendant, anonymous Twitter user, resides
in Canada (where there is a bilateral reciprocal
enforcement of foreign
judgments treaty with the UK), the service out of the jurisdiction without prior leave of the court will require a letter of request / letters rogatory (particularly if he / she resides
in the U.S.).
It covers such measures as Regulation 44/2001 on jurisdiction and the recognition and
enforcement of
judgments in civil and commercial matters (the Brussels I Regulation), Regulation 2201/2003 on jurisdiction and the recognition and
enforcement of
judgments in matrimonial matters and matters of parental responsibility (the Brussels II bis Regulation) or Regulation 864/2007 on the law applicable to non-contractual obligations (the Rome II Regulation).
In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.&raqu
In his short
judgment, Justice Steel also agreed that a
judgment issued by the DIFC Courts on recognition and
enforcement of a foreign
judgment «is
in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.&raqu
in fact a domestic
judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»
The Chief Justice also agreed with the finding
in the Court of First Instance that the presence of assets within the DIFC was not a pre-condition to the
enforcement of foreign court
judgments within the DIFC.