Sentences with phrase «judgment which»

His client passed the application process, signed a 12 month lease in January and it is now march and his client is breaking his lease and refuses to pay (we have already sent demand letter and are moving to eviction process - we will end up with a judgment which we will sale at a later time).

The owners» remedies do not include failing to pay an assessment to protect against a judgment which has been lawfully entered against the association.

They can and will come after you and file a deficiency judgment which you will have to pay.

These myths are based on nothing but an incapable sense of judgment which can't see beyond the superficial masculinity.

Family lawyers for Yasmin Prest, the ex wife of oil tycoon Michael Prest are contesting the decision given by the CoA on the 26 October, which ruled that companies owned by Mr Prest would not be made to hand over assets totaling # 17.5 m to his ex-wife, in a judgment which was criticised by critics saying that it would enable wealthy spouses to protect their assets in divorce proceedings.

The absence of evidence detailing connection and the content of native title rights and interests is reflected in the High Court's judgment which is silent on the presence of Aboriginal people in the Western Division or the Euahlay - I Dixon people of the area under claim.

Sleepiness causes motorists to react slowly while at the same time impairing judgment which could result in running off the road or veering into oncoming traffic.

The party obtains the judgment which in law he should have according to the record.

Although our firm did not act in that case, one of the lawyers at our firm who practises in the area of commercial litigation, appeared as co-counsel for the 13 plaintiffs (one of which was Mauldin) who responded to the appeal to the Supreme Court of Canada in Hryniak v. Mauldin, responded below to the appeal in the Ontario Court of Appeal, and who obtained summary judgment in the Ontario Superior Court of Justice, being the judgment which was appealed.

judgment which focused on the existing legislation or, rather, its deficiencies.

Paragraphs 46 to 59 of the said judgment which are relevant read thus:

Paragraph 41, 44, 48, 50 and 51 of the said judgment which are relevant for deciding this petition read thus:

be sustained in the courts of the United States, and that there is no error in the judgment which was rendered against them in the District Court of Illinois.

Paragraph 29 to 32 of the said judgment which are relevant read thus:

Perhaps the most strongly worded endorsement of the mediation process, in a judgment which can be applied to any litigation, also came from Ward LJ.

«The limited exception in the Annex [to the guidance] is unworkable and, in our view, officers on the ground should not be encouraged or required to make any judgment which might possibly enable them to go along with it.»

The judge had not overlooked the fact that the consequent contracts were governed by English law, but had made an evaluative judgment which the appellate court should not reverse unless satisfied that it was wrong.

In a judgment which departed from important aspects of the reasoning adopted in earlier cases (in particular, the High Court's Judgment in Asda Stores Ltd v MasterCard Inc and the CAT's determination in Sainsbury's v MasterCard), Phillips J -LSB-...]

In my view, the judiciary should strive to have such a court reporting system implemented in trial courts as such a system would ensure that the trial judge had a command of the evidence during trial and had a text transcript of the evidence when preparing his / her reasons for judgment which would reduce factual errors which lead to expensive appeals and in some cases re-trials.

In the midst of ex-attorney's efforts to collect fees from ex-client, ex-client filed a «collateral attack» against ex-attorney relating to a 1999 default judgment which was ultimately vacated in earlier proceedings.

The strap line in fact misquotes from the first two lines of the 84 page judgment which actually reads:

APPEAL from, and certiorari (309 U.S. 626) to review, a judgment which sustained the conviction of all the defendants on one count of an information and the conviction of one of the defendants on another count.

If you fail to do so it could result in a default judgment which basically means that the plaintiff will likely get everything they are looking for, even if it is wrong.

In particular, a judgment which has been certified according to Article 41 (1) or Article 42 (1) can not be enforced if it is irreconcilable with a subsequent enforceable judgment.

a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

On 27 July 2011, the UK Supreme Court handed down a judgment which clarified concerns raised by the earlier Court of Appeal decision regarding the ability of parties to exclude certain categories of person from appointment as arbitrators.

Notwithstanding a judgment of non-return pursuant to Article 13 of the 1980 Hague Convention, any subsequent judgment which requires the return of the child issued by a court having jurisdiction under this Regulation shall be enforceable in accordance with Section 4 of Chapter III below in order to secure the return of the child.

The Alabama Supreme Court held that it could not consider the constitutional issues underlying the contempt judgment which related to the power of the State to order production of membership lists because review by certiorari was limited to instances

(a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity;

But the fact that the result would be very nearly the same to the parties in either form of judgment would not justify this court in sanctioning an error in the judgment which is patent on the record, and which, if sanctioned, might be drawn into precedent, and lead to serious mischief and injustice in some future suit.

It was the point which chiefly occupied the attention of the counsel on both sides in the argument — and the judgment which this court must render upon both errors is precisely the same.

The English court can sever parts of a foreign judgment for the purposes of enforcement proceedings, i.e. it can enforce the payment obligations set out in the foreign judgment, disregarding any other parts of the foreign judgment which do not constitute an obligation to pay a specified sum of money.

Obtained from Fifth Circuit Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's fees.

The problem with this argument was one of timing, with the defense never making moves to challenge a substantively amended judgment which would take the amount to zero.

Pourghazi v Kamyab (Court of Appeal)[2015] EWCA Civ 562 Acting for the respondent to an appeal and obtaining an order that, unless the appellant paid # 950,000 (the part of the judgment which was not subject to the appeal) to the respondent, the appeal would be struck out.

All of these were described as errors of judgment which had created an atmosphere of distrust.

However, the Upper Tribunal endorsed an earlier First - tier Tribunal judgment which found that the expenses were part of the temps» ordinary salary payments, and therefore PAYE and NICs were due.

Hawksford Trustees Jersey Limited — v - Halliwells: Chris is instructed on behalf of the Defendant solicitors in relation to appeals and cross appeals to be heard against the first instance judgment which allowed some heads of claim but not others.

In Lin & Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB) Green J delivered a lengthy and detailed judgment which dismissed the data protection claim and upheld the approach of the Metropolitan Police.

Despite a 20 + year marriage, Curran Law Office obtained a judgment which limited the maintenance obligation for our Wonewoc client to one year.

Mr Justice Collins in the Administrative Court handed down a judgment which dealt not only with the particular case before him, but laid down general matters of procedure for the future.

This post will examine these two issues after a discussion of the background to the so - called «Inuit Saga» and the eventual ECJ judgment which came about after more than five years of litigation in two different episodes.

Defendants filed a motion for summary judgment which the court granted in full.

She had, however, reached «some conclusions» and, with the parties» agreement, she stated what those were in the course of a short judgment which runs to some 6 pages in the agreed note that has been prepared by the parties.

The common law rules will not prevent parallel proceedings being issued in another country and will not result in a judgment which will necessarily be recognised let alone enforced in another country.

There is after all a High Court judgment which does in certain circumstances assist the paying party from resiling from payment by instalments.

It is anticipated that the new law will provide a properly structured procedural framework for domestic and international arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).

Mercury has been served as a purported UM carrier and Plaintiff is seeking to hold Mercury liable to satisfy all or a portion of any judgment which might be rendered against Defendant in this matter.

Work highlights Acted for Google in the Federal Circuit to defend a lower court judgment which rejected claims brought by Oracle, which alleged Google infringed Oracle's copyrights when Google used a portion of the Java platform to build the Android mobile device platform.

This could be on the basis that they have reasonable prospects of obtaining a default judgment which they can then enforce more often than not.