Sentences with phrase «issue of jurisdiction»

I believe standing defamation laws have inherent practical issues of jurisdiction and actual recovery.
His cases also often have an international element raising complex issues of jurisdiction and applicable law and are often brought on behalf of classes or large groups of claimants.
It was significant that, in this case, the subject - matter of the proposed appeals was a ruling by the commissioner on a fundamental legal issue of jurisdiction.
Our lawyers also have substantial experience coordinating efforts to gain approval of transactions from the EU and other non-U.S. antitrust authorities, including guiding clients through Phase II merger investigations, responding to Article 11 letters and advising clients on issues of jurisdiction and disclosure of information from abroad.
The recent High Court litigation involving Roman Abramovich and the development of part of the Priobskoye oil fields, regarded by one oil analyst as the «pearl of Western Siberia», addresses important issues of jurisdiction in civil fraud cases.
David Haigh v. Gulf Finance House Capital Ltd and ors (High Court, QBD): Instructed by Stephenson Harwood in a complex private international law claim in the QBD involving issues of jurisdiction, applicable law and the torts of deceit, conspiracy to injury and unlawful means conspiracy.
Since those facts came to light, a whole new issue of jurisdiction has been raised and suddenly the Vet Board has taken an interest in what's going on in Texas shelters.
The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).
resisting judicial review applications by the US Government in the context of extradition proceedings, covering issues of jurisdiction, disclosure, privilege and human rights.
James has extensive experience of cases focused on issues of jurisdiction and applicable law.
He has substantial experience of multi-jurisdictional commercial and competition disputes, often being instructed in matters raising issues of jurisdiction, applicable law or international enforcement.
David Haigh v. Gulf Finance House Capital Ltd and ors (High Court, QBD): Instructed by Stephenson Harwood in a complex private international law claim in QBD involving issues of jurisdiction, applicable law and the torts of deceit, conspiracy to injury and unlawful means conspiracy.
Those could include any provisions that violate No. 3, on the issue of jurisdiction, I'm told.
I take the issue of jurisdiction first.
On the issue of jurisdiction the judge said, «it is my modest opinion that for criminal matters exclusive jurisdiction is not conferred on the National Industrial Court according to Section 254 (C)(5) of the Constitution.
Senator Ngige, who briefed reporters after proceedings, described the issue of jurisdiction as a serious matter, saying the constitution as the «grand num» of everything.
The proposed legislation also addresses the issue of jurisdiction by streamlining the federal court process and providing concurrent federal and state review.
«When the issue of jurisdiction is raised timeously, this court has the mandate to take the application before we proceed,» he told Okon Abang, the judge.
«The law is clear, the court is obliged to determine the issue of jurisdiction first and I am inclined to take the application challenging the competence of this court to entertain the case,» he said.
He said the issue of jurisdiction ought to be determined first before all other applications would be heard.
The magistrate in his ruling agreed with the respondent (Oluwo) based on the issue of jurisdiction and said and said the notice of appeal was not ripe.
The key benefits of such injunctions were the speed with which the English courts can decide upon the issue of jurisdiction and the ability to have the debate over jurisdiction in English rather than a foreign language without the need to instruct legal advisers in another country.
Much of his practice focuses on large - scale commercial litigation, often with a significant international element, involving conflicts of law and foreign law systems as well as issues of jurisdiction.
Next, the court pointed out that the wife herself had chosen Ontario as the proper jurisdiction when she commenced the divorce application and claimed custody in that province, and had raised the issue of jurisdiction only after the criminal charges against the father were withdrawn in July of 2010.
Accordingly, the Court will defer the issue of jurisdiction to the arbitrator.
The 8th Circuit was first confronted with the issue of its jurisdiction to review the order quashing the subpoena.
If the parties to your transaction or claim are in different provinces or countries, ensure that you've addressed your mind to issues of jurisdiction and choice of law whether in terms of determining where to bring a claim or enforce a judgment or settle a dispute should it arise in the future.
, if a foreign ship owner chooses to launch an action for damages in the jurisdiction of the alleged defendant, he can not raise the issue of jurisdiction if the defendant responds by filing a counter-claim in regards to the same collision.
Andrew Stone, a Senior Associate in the Intellectual Property Team of Clarke Willmott LLP said: «By referring these questions to the CJEU the Court of Appeal is seeking clarity on the issues of jurisdiction especially concerning businesses which are not in the UK but could be said to be «targeting» customers in the UK through their websites.
Issues of jurisdiction can be tricky for those unfamiliar with the legal process, but an experienced attorney can sort through any problems that may arise in deciding where to file a lawsuit.
But then there were a couple of other decisions which didn't follow it - Walters v. PPL, in January 2012: «In my view, it is unnecessary to decide the issue of jurisdiction in this case», because, on the facts, the termination had nothing to do with any complaint of harassment.
Our Vancouver Mandarin Chinese Family Property lawyers will summarize the complex law on the issue of jurisdiction
3.4 Under what circumstances can a national court address the issue of the jurisdiction and competence of an arbitral tribunal?
Though rare, the Supreme Court of Canada has ruled on issues of jurisdiction and constitutionality — such as the 2003 chronic pain appeal decision (Nova Scotia (Workers» Compensation Bard) v Martin & Laseur).
The Court of Appeal disagreed stating that, because it was arguable whether the arbitration clause survived termination of the Services Agreement, it was preferable to leave the issue of jurisdiction to the arbitrator pursuant to the «competence - competence» principle.
The issue of jurisdiction is engaged when a plaintiff decides to commence a legal action and goes on to prepare and file the appropriate originating document.
In private litigation, UK practitioners will be worried that issues of jurisdiction, forum and the enforcement of judgments will make international claims much more complicated than they are at present.
Divorce laws vary from country to country, but as international divorce experts, Vardags can provide guidance on issues of jurisdiction, finances and children.
Others were governed by New York law and contained either non-exclusive New York jurisdiction clauses or were silent on the issue of jurisdiction altogether.
The secretary of state sought permission to appeal on the issue of jurisdiction.
Both parties had filed their submissions before the learned arbitrator on the issue of jurisdiction.
Thereafter, the Securities and Insurance Laws (Amendment) and Validation Bill, 2010, was passed by Parliament to address the issues of jurisdiction between the financial sector watchdogs.
a b c d e f g h i j k l m n o p q r s t u v w x y z