Sentences with phrase «interim relief applications»

The first interim relief application under new CAT Rules: Flynn Pharma Limited v Competition and Markets Authority [2017] CAT 1 (19 January 2017)

Not exact matches

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 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.

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.

In R (on the application of Gavin) v Haringey London Borough Council [2003] EWHC 2591 (Admin), [2003] All ER (D) 57 (Nov) the claimant challenged a grant of planning permission but did not seek interim relief.

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

Injunctive and interim relief experience includes numerous freezing orders and contested applications to set aside freezing orders, search orders, Norwich Pharmacal and other interim disclosure orders, anti-suit injunctions and injunctions restraining threatened breaches of contract and the disclosure of confidential information.

In addition to having been instructed in major arbitrations, such as the Bermudan - based arbitration relating to the reinsurance of Arthur Andersen following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and awards obtained by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain arbitration continuing) Telenor East Holding II AS v Altimo Holdings & Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of arbitration) and enforcement of arbitral awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.

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.

Applications (as sole counsel) for ex parte interim relief, including freezing and proprietary injunctions.

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).

«[45] Given that s 24 and s 24A MCA 1973 is a barred route to relief at an interim stage, I am unable to conclude that an application brought under a generic procedural rule (rule 20 FPR 2010) can deliver a result which is specifically prohibited within the claim before the court.

She is accustomed to being involved from an early stage, and has substantial experience of applications at short notice for interim relief, specific disclosure applications and strike out applications.

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.

We are also regularly instructed in high - profile challenges to the decisions of public authorities and regulators, including claims which require urgent applications for interim relief, and which involve complex issues of international, EU or human rights law in the commercial sphere.

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.

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.

He is conscious of the need to act swiftly when applications for interim injunctive relief are sought pending trial and is prepared to work intensively at short notice in order to do so.

On December 12, 2000 VIA, (Tab 9) through their General Counsel and Corporate Secretary, Carole Mackaay, formally responded to CCD's application for interim relief and stated that the rolling stock had already been purchased.

His cases often involve an international element and applications for pre-emptive and interlocutory relief including freezing orders, Norwich Pharmacal orders and other interim injunctions.

Her matters often involve applications for interim relief, including injunctions and freezing orders.

James has a wealth of trial experience and of applications for interim relief, including freezing orders and injunctions.

Many disputes in this field involve applications for injunctive or interim relief.

The tendering process for the new criminal legal aid contracts was put on hold by the Administrative Court, following an application for interim relief by the LCCSA and CLSA.

Cases proceeding in arbitration but advising and appearing also in a number of associated High Court applications including those for urgent interim injunctive relief; section 30 and 32 Arbitration Act jurisdiction disputes; section 68 and s69 Arbitration Act 1996 challenges / appeals).

He has substantial experience in multi-jurisdictional disputes involving both arbitration and litigation and related applications for interim and interlocutory relief both before arbitral tribunals and the English High Court.

He has dealt in particular with cases concerning the application of the ECHR to commercial, investigatory and tax matters and the interaction of international and domestic proceedings, often in several jurisdictions at once and particularly involving urgency and interim relief.

Ben has experience of dealing with issues arising from allegations of fraud and insolvency claims, including a significant number of applications for interim relief.

The decision also contains important messages about the nature of the evidence necessary to support an application for interim springboard relief and the extent of the English court's jurisdiction when tort claims are asserted against non-domicile employee defendants.

The Competition Appeal Tribunal (Peter Freeman QC) has rejected an urgent application by Flynn Pharma for interim relief against the CMA's decision that Flynn should reduce its prices of Phenytoin capsules with effect from Monday.

In - chambers opinions are written by an individual Justice to dispose of an application by a party for interim relief, e.g., for a stay of the judgment of the court below, for vacation of a stay, or for a temporary injunction.

He appears regularly in the Business, TCC, Insolvency and Companies lists of the Business and Property Courts of England and Wales on both interlocutory matters, including applications for urgent interim relief, and at trial, and in the Court of Appeal.

Nothing in this Article affects the application of Article 8 (3) or limits the availability of forms of interim relief other than those set out in paragraph 1.

Niemela says Google recently filed an application response opposing the relief sought by Niemela on Oct. 30 and a hearing is set for Dec. 15 for an interim injunction, which Google is also opposing.

Patrick regularly represents both claimants and defendants in applications for interim relief in the Chancery Division and in the Queen's Bench Division.

In the High Court, Patrick regularly makes and resists applications for interim relief against current and former employees and directors.