Intellimedia Systems Limited v Richards Acting for the Defendants on a claim for breach of fiduciary duty relating to an internet protocol tv business and responding to urgent
interim applications for the appointment of a receiver and freezing order - type relief.
2015 will see «significant reduction in the number of
interim applications for relief» now the Jackson reforms have bedded in, Leigh Callaway, associate at Irwin Mitchell and Junior London Solicitor Litigation Association committee member, forecasts in this week's NLJ.
Capita v Darch [2017] IRLR 719, [2017] EWHC 1248 (Ch) Richard acted for the new employer, resisting
an interim application for springboard and other relief made by the former employer of a group of transferring employees.
So if you get 50/50 parenting on
an interim application for custody, then the trial judge will likely continue that unless it can be shown that it is not in the best interests of your child.
On
an interim application for the disclosure of «information about relevant property or assets which are or may be the subject of an application for a freezing injunction», pursuant to CPR 25.1 (1)(g), it is necessary to show only a reasonable possibility, based on credible evidence, that there will be such an application.
Not exact matches
Spelled out in a lengthy lead editorial entitled «Evangelicals in the Social Struggle,» as well as in books such as Aspects of Christian Social Ethics, Henry's understanding of Christian social responsibility stressed (a) society's need
for the spiritual regeneration of all men and women, (b) an
interim social program of humanitarian care, ethical proclamation, and personal, structural
application, and (c) a theory of limited government centering on certain «freedom rights,» e. g., the rights to public property, free speech, and so on.18 Though the shape of this social ethic thus closely parallels that of the present editorial position of Moody Monthly, it must be distinguished from its counterpart by the time period involved (it pushed others like Moody Monthly into a more active involvement in the social arena), by the intensity of its commitment to social responsibility, by the sophistication of its insight into political theory and practice, and by its willingness to offer structural critique on the American political system.
The ACCC has denied the
application by several banks
for interim authorisation to collectively bargain with Apple.
The Economic and Financial Crimes Commission had, in an ex parte
application filed in September 2017, demanded
for an
interim forfeiture of the properties, which it claimed were subjects of an ongoing criminal investigation.
(4) The independent panel shall report as approved
for each judicial position all highly qualified persons who make
application to the panel, provided that if the number of highly qualified applicants exceeds three times the number of existing vacancies to be filled in such position (determined as of the time the panel renders its report), the independent panel shall report as approved the most highly qualified applicants in a number equal to three times the number of vacancies to be filled in such position, provided further that if the number of highly qualified applicants is less than three times the number of vacancies to be filled in such position the independent panel shall report as approved the most highly qualified applicants in a number equal to not less than two times the number of such vacancies, provided further that the following categories of applicants who are eligible
for reelection or reappointment shall be reported as approved if their performance during their term of office merits continuation in office, and no other applicants shall be reported as approved
for their vacancies: (a) a judge or justice completing a full term of office seeking re-election to that office, or (b) an
interim Supreme Court justice who has been appointed by the Governor to fill an existing vacancy no later than the previous June 1 after approval of the Governor's screening panel, who has been confirmed by the State Senate and has assumed office no later than the date the panel renders its report, and who otherwise would not be required to make
application to the independent screening panel pursuant to the provisions of sub-paragraph (3).
(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate
for judicial offices which are to be elected county - wide in New York County, or which are to be proposed
for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations
for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year
for such office by the independent panel., except that once a candidate
for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels
for that office, that candidate shall be considered as having been approved by the panel
for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies
for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible
for and seeking re-election to that office, or a vacancy which has been filled by an
interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make
application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an
application.
The EFCC stated this in its response to an
application filed by Mrs. Jonathan challenging the jurisdiction of the court to entertain the commission's ex parte
application for an order of
interim forfeiture of two properties in Abuja registered in the name of the NGO.
The counsels to both sides had argued strongly over the bail
application till when it was evening, such that ruling on the
application was not possible
for the judge, who, as an
interim measure, granted them an
interim bail on that day, (March 28).
The commission stated, «An order was made by this court on the 20th of July, 2016
for interim attachment / forfeiture of the properties contained in this
application for a period of 45 days.
Speaking to Citi FM's Richard Dela Sky, the lead lawyer
for the NPP, Godfred Dame said «we are in court because the original
application for interim injunction filed by David Hoezame had been fixed
for hearing on September 2, 2014 and we feel like clearly it will not accord with justice and fairness if the
application is heard on that day because clearly the date postdates the date that has been fixed by the NPP
for its special delegates conference.»
«It will be proper
for the party to know clearly whether it can proceed with the congress before it proceeds to do so and that can only be done if the
application for interim injunction filed by David Hoseame is heard and determined before 31 August,» he further explained.
In a letter dated February 28, 2018, the USNRC notified Holtec International of its affirmative acceptance review of the license
application for the proposed consolidated
interim storage facility called HI - STORE CIS.
NAC has partnered with AREVA and Waste Control Specialists (WCS) in the development of a License
Application for a Consolidated
Interim Storage Facility (CISF)
for Used Nuclear Fuel at their facility in Andrews County, TX.
Guest speakers Jana Fallin, director of the Center
for the Advancement of Teaching and Learning and professor of music education; David Poole, professor of exercise physiology; and Zelia Wiley,
interim associate provost
for diversity, will lead a faculty
application package workshop highlighting how to write a teaching philosophy, research statement, and diversity statement.
SPARCS will pave the way
for their
application in missions like LUVOIR or HabEx, including
interim UV - capable missions.
A Department of Health special committee called UKXIRA [UK Xenotransplantation
Interim Regulatory Authority] is responsible
for providing advice on any
applications to start a programme of using animals organs in human beings.»
Modular buildings from Foremans are reconfigured to the exact specification
for each project, and are fitted with completely new windows, wall linings, partitions, M&E services, doors and flooring, creating quality accommodation
for permanent or
interim applications.
For states and localities where universal access is unrealistic, an expansion of the community eligibility program, which allows schools and districts in low - income areas to serve free breakfast and lunch to all students without collecting
applications, would be an
interim step to consider.44 Making free meals universal would ensure that all students experiencing food insecurity have access to healthy, nutritious meals; end the stigma surrounding school lunch; and eliminate administrative barriers to accessing the program.
The contact consisted of a discussion with representatives of the Transbay Joint Powers Authority concerning the
application requirements
for ARRA funding as described in the High - Speed Intercity Passenger Rail Program
Interim Guidance.
There is a need also
for the non-publicly funded litigant in middle money cases, who can perhaps also be served by a costs allowance order; or by
application for an
interim lump sum to cover expenses — MCA 1973, s 23 (3).
For instance, the Arbitration Ordinance (AO) was amended in 2013 to allow expressly Hong Kong courts to enforce interim relief granted by emergency arbitrators (whether made in or outside Hong Kong), and this year the AO has been further amended to specifically provide for the arbitrability of intellectual property rights disputes (a key development given China's increase in patent applications) and to expressly provide that third - party funding will be permissible for arbitration and mediati
For instance, the Arbitration Ordinance (AO) was amended in 2013 to allow expressly Hong Kong courts to enforce
interim relief granted by emergency arbitrators (whether made in or outside Hong Kong), and this year the AO has been further amended to specifically provide
for the arbitrability of intellectual property rights disputes (a key development given China's increase in patent applications) and to expressly provide that third - party funding will be permissible for arbitration and mediati
for the arbitrability of intellectual property rights disputes (a key development given China's increase in patent
applications) and to expressly provide that third - party funding will be permissible
for arbitration and mediati
for arbitration and mediation.
Judicial review is a paper — based process and the
applications for interim relief are usually made on paper in the first instance.
The existence of unresolved judicial review proceedings can cause significant problems
for a public body even where a party does not make an
application for interim relief.
One possible response by the court to an
interim application is
for the court to order an expedited hearing of the main claim (see R v (British Aggregates Associates) v HM Treasury [2002] EWHC 926, [2002] All ER (D) 161 (Apr)-RRB-.
Other than an
application to hold the ring
for a short period in a very urgent situation, it is difficult to envisage any circumstances in which the public body should not be given the chance to make representations before substantive
interim relief is granted.
In Karkut & Ors, R (on the
application of) v London Borough of Lewisham [2005] EWHC 354 Collins J said, following Webb v Bristol City Council [2001] EWHC Admin Civ 696, that the better course was to
for a judge to consider granting
interim relief before considering the issue of permission.
The public interest, and the interests of others who wish to uphold the legality of the action of the public body, comes into play when the court looks at the strength of the case needed to support an
application for interim relief.
A cross undertaking in damages will be usually required to support an
application for an
interim order under CPR 25.
This includes
applications for interim relief in support of arbitrations (e.g. anti-suit injunctions); seeking or resisting enforcement of domestic or foreign awards under the New York Convention; and challenging or defending awards under sections 67, 68 and 69 of the 1996 Act.
Acted in an LMAA arbitration involving a dispute over control of English ship - owning companies operated as vehicles
for joint venture between Greek parties, plus related Court
applications for interim relief under s. 44 of the Arbitration Act 1996
Procedural
applications, including
for interim payments, summary judgment / strike out, unless orders (see [2017] EWHC 1847 (Ch)-RRB-, security
for costs, stay of proceedings, anti-suit injunctions (see [2015] 2 B.C.L.C. 560), and
applications for the preservation of material and
for specific and enhanced (Puruvian Guano) disclosure (see [2015] EWHC 3761 (Comm)-RRB-.
Applications for interim and final injunctions (including specific performance) in support of commercial claims.
In Elgner v. Elgner, the Supreme Court dismissed Claude Elgner's
application for leave to appeal after he was ordered to pay a record - breaking
interim spousal support order of $ 110,000 per month.
No evidence is to be filed until after the FHDRA unless filed in support of a without notice
application, directed on issue or directed
for an
interim application.
He has extensive experience of trials (including a 12 - week fraud trial in the Commercial Court),
interim applications (including freezing orders, Norwich Pharmacal and other disclosure orders, and cross-examination on assets), contempt of court and committal
applications, and post-judgment measures
for enforcement and asset recovery.
A committee is not, however (and this may be the most important aspect of the decision), «otherwise required to hear his evidence as to whether or not the substantive allegation against him is or is not well - founded; that is not the issue on the
application for an
interim order.»
A # 900,000
interim payment award at a contested
application at the High Court
for a young girl with cerebral palsy, enabling her to purchase more suitable accommodation mid-way through the litigation of her claim.
This case may be of assistance to persons facing criminal proceedings and an
application for any other
interim order, notably an anti-social behaviour order.
Suremime made an
interim application to court
for permission to amend its particulars of claim.
Where the claimant shows a greater than 51 % chance of success it would be surprising in any event to see his claim
for interim relief fail; where the employment judge assesses the chance of success at more than about 40 % he ought to be required to give cogent reasons
for refusing the
application.
The first was a summary trial and the second was an
application for an
interim order, meaning that the evidence in both was presented exclusively by affidavit.
Applications (as sole counsel)
for ex parte
interim relief, including freezing and proprietary injunctions.
• Arthur J Gallagher Insurance Brokers Limited v Aston Scott Group Ltd, an
application for an
interim injunction enforcing the terms of restrictive covenants contained in a share purchase agreement.
Not less than 120 days before the date scheduled
for the trial of the proceeding, and b) all further
applications, procedures, or other steps in the proceeding, including
interim injunctions are, unless the court otherwise orders, suspended until the motion, including any appeal of the motion, has been finally disposed of.
As a pupil, Zac was also involved in: R (on the
application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State
for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process
for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an
application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).
(1) On
applications for interim support the [support recipient's] needs and the [support payor's] ability to pay assume greater significance;