Sentences with phrase «issue proceedings»

As one of the parties lives in the UK it would be perfectly reasonable for Ms Zhukova to issue proceedings here to take advantage of England's generous reputation.

«However, it seems that for the majority of cases where claimants are domiciled in England and injured either here or abroad by someone domiciled and insured abroad but within the European Economic Area or a contracting country, it will be possible to issue proceedings against the foreign insurer here with far greater facility, with concomitant cost savings and greater speed,» he adds.

Local authority — Care proceedings — Failure to issue proceedings — Whether breach of duty to child as looked - after child — When care proceedings should be issued.

As a consequence, many choose to issue proceedings or even choose to defend a claim without obtaining legal advice; the consequences of making an error in the latter scenario particularly can be serious and far reaching.

Re S (A Child acting by the Official Solicitor) v Rochdale Metropolitan Borough Council & Independent Reviewing Officer [2008] EWHC 3283 (Fam)[2009] 1 FLR 1090: Care proceedings — Local authority — Failure to issue proceedings — Whether breach of duty to child as looked - after child — When care proceedings should be issued.

This is before the claimant can issue proceedings; Subject only to any delay caused by completion of the medical evidence the whole process can be concluded in two to three months; There will be a presumption of a paper hearing by the district judge if the claim can not be resolved between the parties using modified Pt 8 type proceedings; There will be fixed interim payments if the claim does not settle promptly; Contributory negligence arguments around seatbelt issues are to be determined by fixed deductions from damages.

All Claimants seeking to participate in the Redbank Litigation shall issue proceedings before 4.00 pm on the 7th day of December 2001.

In the absence of a contractual clause confirming employees will only be paid for work done or allowing an employer to make deductions from an employee's pay, an employee could issue proceedings against their employer for unlawful deduction from wages if pay is withheld.

As a result of this, significant costs can be incurred by the parties pre-action, while they investigate the claim, comply with pre-action protocols and consider whether it is possible to reach an agreement without the need to issue proceedings.

It is further thought that it should reduce the amount of forum shopping which currently takes place where one party makes a tactical decision to issue proceedings in a particular court on the basis that they believe they will receive a more favourable outcome there than in another court elsewhere.

Parties who have a potential claim against Nakheel or one of its subsidiaries, where there is no binding arbitration agreement, need to consider whether or not to issue proceedings in the Special Tribunal before Nakheel is carved out from Dubai World.

The claimants have opted to issue the proceedings in England against MRM's UK - based parent company Gemfields (which has a 75 per cent shareholding in MRM).

If a notice is not complied with, the PCC can issue proceedings to recover the cost of repair.

The effect of a s 42 order is that it does not actually remove the right to issue proceedings entirely.

We are able to advise swiftly if you are considering divorce and are unsure as to which jurisdiction you should issue proceedings.

AMTF alleges that law firm MMGR induced the former clients to issue proceedings in Germany in breach of the exclusive jurisdiction and applicable law clauses in their contracts.

In some cases, there can be a choice as to which jurisdiction is appropriate to issue proceedings.

This breaks up its text with illustrations; provides examples and quotes from users; and feels very practical — it gives the court fees payable direct on the site and it gives an illustration of the form that needs to be completed to issue proceedings.

This was an urgent matter requiring the utmost discretion that was successfully resolved without the need to issue proceedings, although these were fully prepared.

He prides himself on his ability to resolve difficult cases without the need to issue proceedings.

If it is necessary to issue proceedings, then your solicitor will instruct a barrister to draft the Particulars of Claim for you.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

Although the man's employer admitted liability, Allison had to issue proceedings as they initially offered only # 10,000 in compensation.

Tinder has «issued proceedings in the English High Court» against 3nder and Trifonov, according to a source close to the litigation, although a copy of the lawsuit couldn't immediately be obtained.

If they were really concerned about their reputation they would have issued proceedings against Dr Wilmshurst immediately after the radio interview.

ASIC issued proceedings in the Federal Court of Queensland against the Cairns - based operator who was offering high - interest credit contracts, as I said, to Indigenous consumers and look they were targeting one of Australia's most disadvantaged postal areas with them high - interest contracts.

Although Shirayama and Cadogan issued proceedings against the Saatchi Gallery two years ago, Mr Pyemont said Mr Saatchi's «intimidatory» tactics continued into the litigation.

• On acknowledging instructions and confirming first letter has been sent • On issuing proceedings • On entering judgment • On drafting and serving a section 146 notice • On drafting and serving possession proceedings • On preparing for a possession hearing • On commencing other enforcement options if necessary • On confirming the outcome of enforcement action

This could involve sending a non or «semi compliant» letter providing the debtor with a shorter period of time for payment but then issuing proceedings if payment is not made.

The Court issues the proceedings, and they are then sent to the Defendant.

«We issued proceedings in this case earlier this year, but just days before Fred's death we were informed that Armstrong Cork Co Ltd deny liability in the case.

He or she will coordinate the case and deal with all the paperwork that the case generates, such as dealing with correspondence, putting together the witness statements, organising experts, issuing the proceedings and looking after the case until it gets to trial.

If matters can not be resolved during the pre-action protocol period and no form of alternative dispute resolution can be achieved, then the Solicitor will advise on whether issuing proceedings is the appropriate next step.

De Silva continues: «The judgment is certainly a warning to sportsmen and women to act promptly if they wish to challenge the lawfulness of BOA byelaws, rather than wait until the relevant sporting standard has been met before issuing proceedings.»

In Kirk v Walton [2009] EWHC 703 QB, All ER (D) 70 (Apr) Mrs Kirk issued proceedings in 2004 after sustaining injuries in a road traffic accident on 14 September 2001.

On 26 February 2009, Mr Imerman issued proceedings in the Queen's Bench Division against the Tchenguiz brothers, their lawyer and the two IT managers who assisted with the downloading of the electronic copies.

Streford issued proceedings before the High Court asserting that the disciplinary process, constituted by means of arbitration provided for by the rules, was in breach of the Convention, Art 6.

In one recent example, the buyer of a sculpture has issued proceedings against the dealer who sold it for misrepresentation in the catalogue, calling into question the authenticity of the sculpture.

In 2014, Mr Denning issued proceedings against Greenhalgh alleging that it had failed to advise him that the transfer in 2000 was negligent and that he should have considered making a claim against his first advisors.He also alleged that he should have been advised on the time limits of bringing that claim.

Paying under protest and suing to recover the overpayment is one approach, but there are others, including issuing proceedings under the Law of Property Act 1925, s 91 to determine the dispute.

Woods was concerned by various aspects of the Council's, very scant, evaluation feedback and issued proceedings under the Regulations.

When O refused to co-operate, W issued proceedings claiming: (i) that O's express grant carried with it an ancillary obligation to execute the necessary deed; and (ii) that O was obliged to enter into the deed to avoid derogating from his grant.

The essence of the limitation defence is that the Defendants» fraud was so obvious that KK ought to have discovered it and issued proceedings before 2013.

In February 2008, the claimant issued proceedings under CPR Pt 8, contending that the defendant's standard terms relating to, inter alia, renewals commissions, sales commissions and third - party renewals were unfair within the meaning of reg 5 of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083).

W, however, issued proceedings in England, and did not make the administrator a defendant.

In considering the factors relevant to the exercise of the court's discretion, under s 33 of the Limitation Act 1980 (LA1980), to extend the limitation period beyond that specified in LA 1980, s 11 what matters most is not the length of the delay itself, but the reasons for that delay and its potentially prejudicial effect; moreover, it may be reasonable to delay issuing proceedings on account of the defendant's impecuniosity.

The potential creditors had either brought claims up to 14 years in the past but not pursued them or had merely intimated claims — which had also accrued long ago — without issuing proceedings.

It further alleged that the defendant had failed to perform the contract, and it issued proceedings accordingly.

The claimant issued proceedings, contending that the damage had been caused by the defendant's negligence.

The Law Society issued proceedings in the High Court this week against the MoJ's decision to slash payment for defence lawyers — it confirmed in October 2017 that it would reduce the maximum number of pages of prosecution evidence that lawyers can claim for from 10,000 to 6,000.