Longmore and McFarlane LJJ said: «While we would not wish to incorporate all the learning about wasted costs orders into decisions under CPR part 27.14 (2)(g), we think that the above dictum should give sufficient guidance on the word «unreasonably» to district judges and circuit
judges dealing with cases allocated to the small claims track.
The US
Judge dealing with the case urged both parties to «consider what is the best interests of their son»
Not exact matches
For those not familiar
with the concept, a
case competition is an event in which teams of business students (typically four per team) are presented
with business scenarios and tasked
with giving a presentation, recommending to a panel of
judges (playing the role of a board of directors) how the company should
deal with the crisis.
Western allies press Trump to maintain nuclear
deal with Iran: Reuters US intelligence monitors Iranian cargo shipments into Syria: CNN A trade war is a major risk for China's debt - ridden economy: CNBC Federal
judge orders gov» t must accept new DACA immigration applications: WaPo Unification of Koreas still unlikely as leaders prepare to meet: Reuters US Consumer Confidence Index rebounded in April after March decline: CB New home sales in US increased to 4 - month high in March: MarketWatch Richmond Fed Mfg Index turns negative for first time since 2016: Bond Buyer S&P
Case - Shiller Home Price Index surged in Feb, up 6.3 % y - o - y: CNBC Federal Housing Finance Agency: US house prices continued to rise in Feb: HW Corp bonds
with lowest investment - grade rating look vulnerable: Bloomberg 10 - year Treasury yield reaches 3.0 % for first time since 2014: CNN Money
Judge Rothstein conveniently ignored the fact that virtually all states forbade assisted suicide, either by express statute or well - settled common law precedent» which fact the Supreme Court noted without reservation in the one
case it has heard
dealing, albeit peripherally,
with a so - called «right to die.»
Although the
judge's decision did not
deal with whether or not the sexual abuse actually happened, this latest turn of events is something of a victory for SGM, whose legal strategy has been to first argue that the First Amendment gives pastors the right to discourage victims of abuse from reporting the crimes against them to police and second to argue that the
case should be thrown out on technicalities, such as the statute of limitations.
We need to be consistent
with how we
deal with assault
cases and can not let someone off just becasue the
judge is sympathetic to their particular religion.
Nicholas Crichton, district
judge at the Inner London Family Proceedings Court, who
deals with about 1,500 contact
cases a year, estimates that about 75 per cent of such
cases could avoid contested hearings under the new system.
«Perhaps in that particular
case, maybe more training for
judges, maybe the OCA could
deal with that directly to make sure the people who are held on bail need to be truly held on bail.»
An Albany City Court
judge ordered former Niagara County Republican Chairman Henry Wojtaszek to pay a $ 1,000 fine for violating a state campaign finance law in 2012, after he pleaded guilty as part of a
deal with prosecutors working on the
case against former State Sen. George Maziarz.
«In the future, depending on the number of
cases that will come up for trial, the Judiciary may increase the courts and number of
Judges to ensure that the courts are not overwhelmed by the volume of work and that the
cases are
dealt with expeditiously,» the statement added.
Roanne L. (Ronnie) Mann, the magistrate
judge assigned yesterday to oversee the state's redistricting process, is a registered Democrat, according to city records, and a «very smart, but humorless jurist,» according to an attorney who spent years
dealing with her in one high - profile
case.
«I don't think she's going to have too many legal issues to
deal with, in part because she's not been a
judge» or practicing privately in
cases.
The
judges were
dealing with the
case of 60 - year - old businessman, Hasan Akarcay, who is suspected of involvement in serious drugs crime.
Aside from some confusing time line issues, at this point we are introduced to some new characters - namely the
judge hearing the
case and his daughter, and some chapters
deal with aspects of their lives that have nothing to do
with the court
case.
The
judges are nominated by the president to
deal with the
cases.
Since the OFT announcement to run a test
case into bank account charges in July 2007 a few banks requested that credit card claims be
dealt with in the same way, and sadly some local court
judges did although the OFT test
case is specifically about current accounts.
With this piece I wish to show the constant dialogue which occurs between self and society, in this case especially dealing with the continuing problem of being judged and categorized due to skin - col
With this piece I wish to show the constant dialogue which occurs between self and society, in this
case especially
dealing with the continuing problem of being judged and categorized due to skin - col
with the continuing problem of being
judged and categorized due to skin - colour.
Given the serious risks of climate change and the human rights implications of not
dealing with it,
judges interpreting climate
cases around the world are increasingly making decisions that will place them on the right side of history.
In this respect, the evidence upon which a decision could be made was greater than the evidence that Prakash J.
dealt with in SM Integrated Transware Ltd v. Schenker Singapore (Pte) Ltd. [6] However, in this instance, the learned
judge took the view that the e-mail address was similar to an automatically generated name and facsimile number of the sender of a facsimile transmission, a state of affairs considered in the New York
case of Parma Tile Mosaic & Marble Co., Inc. v. Estate of Fred Short, d / b / a Sime Construction Co. [7] Counsel for J Pereira Fernandes SA submitted that the intent to sign was not relevant, and mentioned Elpis Maritime Co. Ltd. v. Marti Chartering Co..
By that logic, fewer
judges would be needed to
deal with more
cases, reducing the cost of judicial salaries and pensions and the court estate.
Professor Zuckerman, in a seminar at Manchester on 3 July 2009 said the Court of Appeal should show «leadership» and «develop a coherent policy for enforcing compliance
with rules and
case management directions by
judges and lawyers; non compliance, and
dealing with it, being a waste of the court's resources in a public service system».
Instead of the Standards Council's
dealing with my complaint itself, it sent it to CGSB, which was therefore allowed to be the
judge of its own infractions, i.e., «the
judge of its own
case,» including its deceptive public review.
At the same time, Virginia
judges are generalists
dealing not only
with DWI law, but also all other criminal
cases, and a wide range of civil
cases.
On the back of all this, the differently constituted Court of Appeal
dealing with the damages
case held that the collection of errors by the
judge did amount to gross and obvious irregularity which meant that flagrant denial of justice did not have to be addressed.
A circuit
judge hearing might possibly be the answer to a party's argument that the
case is too complex to be
dealt with by a district
judge in the small claims track and should be allocated upwards (see CPR 26.1).
In State v. Wiggins,
Judge Kevin G. Ross
dealt with a
case in which
Finally, to help EU
judges and their cabinets
deal with unusually complex and / or time - consuming
cases, an additional, centralised pool of highly qualified legal secretaries in sub-specialised areas of EU Law (e.g. EU taxation law) could be set up and its members be «seconded» on a
case - by -
case basis to relevant cabinets.
Once the «in court» part of a
case is completed, a
judge dealing with unrepresented parties then needs to arrive at an appropriate decision without having the benefit of receiving at least one lawyer's submissions.
Today I'm taking a similar look at how the Court of Appeal
judges deal with criminal
cases.
From this starting point, you can adjust that number up if you believe you have a strong
case (e.g. it
deals with a distinct point of law, particularly if there are previous
cases on your side), or down if you have a tough
case (e.g. you are alleging that the trial
judge misapprehended the facts, or you are up against a contrary line of precedent).
Some family
judges, including many who were now part of the expanded UFC, thought they were better suited than their criminal law counterparts to
deal with these young persons and argued that these
cases and child protection
cases should be in the same court.
There's at least a half - dozen, maybe more,
cases released since March 2007 in which the lawyers have argued about factual causation, and the
judges have written reasons
dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the
case law predating Resurfice.
Finally, if the
case is particularly complex, the Court may decide that it is best
dealt with by the Technology and Construction Court which has a number of specialist
Judges that sit around the country.
If the only Part 36 offers in the
case are in respect of the decided issues then the
judge will be able to
deal with costs and give appropriate effect to the offers.
A care
case before a Family Division
judge who had not
dealt with previous hearings and was being asked to give directions.
The
judge who
deals with a fact - finding hearing in residence and contact
cases — normally on whether or not there has been domestic violence — should also take the final hearing.
On the procedural front, for those
dealing with cases in the Principal Registry of the Family Division (PRFD), Baker J issued a note in October 2017 as to the allocation of appeals from PRFD district
judges.
A
case in which a former client is self - represented is a nightmare to
deal with at trial from a practical perspective for a
judge, screws up the
judge's calendar if the trial has to be delayed to allow a new lawyer to get up to speed after being hired, and is also much more prone to lead to reversible error that could cause the
case to be overturned on appeal.
It may be proper for a
judge (or his or her clerk) to check whether counsel have referred to all the relevant
cases but, if they have not, and the
judge finds one that he or she thinks may dispose of the issue, it is strongly arguable, whether the omission to cite the
case is the fault of counsel or not, that the
judge should call counsel back and invite them to address arguments to the court to
deal with the new
case.
Or, one will see
cases in which the
judge refers to a long list of
cases — some appellate, some co-ordinate, all of which
deal with the point in issue — and concludes
with the line that since neither counsel cited the binding authorities, let alone any, nobody gets costs.
We hear about this changing face of the practice incessantly: growing numbers of self reps; access to civil denied for financial reasons to ever - expanding sections of society; court lists and
judges groaning under the weight of the extra time required to
deal with these kind of
cases.
This is particularly the
case where there was no opinion evidence
dealing directly
with the theory of causation determined by the trial
judge.
MR JUSTICE AIKENS: As a matter of construction of CPR Pt 44.3, it was clear that the
judge had a general discretion on how to
deal with costs if he decided that, on the facts of the
case, it would not be appropriate to follow the «general rule» under Pt 44.3 (2)(a).
Chapter 6
deals with what happens if an application is refused when the
case is first considered (by a
judge reading the written grounds of the application).
In the long run, though, it could result in lawyers and
judges dealing with more complex or specialized
cases, while the processing of simpler
cases gets more automated.
In this ICBC injury
case the
Judge had sympathy for the ICBC lawyer and the members of his law firm in having to
deal with a claimant without a lawyer.
It should also be noted that a
judge can not recuse himself if there is no other
judge capable of hearing the
case is available (the classic example is the
case deals with an issue regarding pay of the judicial branch of government.
Considering that results may vary depending on the
judge, if the Court refuses to hear the final hearing matter, then the
case would have to be transferred to civil court to be
dealt with in the same manner that the court handles property ownership disputes between two unrelated persons.
The
judge commented that from the three often quoted
cases of Page v Hewetts Solicitors [2013] EWHC 2845 (Ch), Lewis v Ward Hadaway [2015] EWHC 3503 (Ch), and Bhatti v Asghar [2016] EWHC 1049 (QB),
dealing with the question whether a party could lose his rights to bring a claim or to make an application because of an error in the court office,
case law had developed a «somewhat hard edged principle».