Sentences with phrase «jurisdictional rules for»

AG Bobek suggests bringing the jurisdictional rules for Internet - based infringements of personality rights closer to the roots of non-contractual liability of the Brussels I Regulation (recast)(and its predecessors).

Not exact matches

Singh, who has long stood in opposition to the project on the grounds that it was approved under what he calls flawed environmental assessment rules adopted by the previous Conservative government, said Wednesday the Trudeau government should, in tandem with B.C., ask the Supreme Court for a reference to resolve what he calls jurisdictional issues.

Th e rationale for the ECJ's ruling is that the courts of member states must trust the courts of other member states to apply jurisdictional rules correctly.

In particular, it seeks to ensure respect for the fundamental rights of the child as set out in Article 24 of the Charter of Fundamental Rights of the European Union... Each state is expected to interpret the jurisdictional rules in the same way to achieve the object of «mutual trust».

Civil lawsuit trials can be conducted in a state other than the state where the breach of contract or tort giving rise to the lawsuit took place for jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)

The court's ruling will help to curtail lengthy litigation over jurisdictional issues in cases where patent counterclaims that form the basis for removal fail to present a justiciable Article III case or controversy.»

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

The Board's mandate includes the appointment of arbitrators, decisions on challenges to arbitrators, jurisdictional determinations, and procedural decisions regarding, for instance, the number of arbitrators and applicable rules.

She even had some love for the arguments of Scott Dodson (Hastings), who filed an amicus brief putting forward his theory that a jurisdictional rule is any rule, regardless of source, that places a case in one court and out of another.

While the natural place to start may be compliance with jurisdictional rules and practice directions, other reasons could include; mastering eDiscovery will position our law firm as an industry leader; pro-actively addressing eDiscovery considerations will reduce risks for our clients; understanding how to manage electronically stored information (ESI) will provide additional value to our clients and provide a competitive advantage over other law firms; eDiscovery will enable us to have greater access to information and empower us to collaborate more effectively with our internal legal team, with outside experts and with the client.

The European Court of Justice has held that the holiday provisions of the Working Time Directive are sufficiently precise to be directly effective (ex p BECTU v Secretary of State for Trade [2001] IRLR 559, [2001] All ER (D) 272 (Jun)-RRB- and so an English court is required — at least where the proper law is English — to modify normal jurisdictional rules to ensure that directly effective rights can be enforced here.

A citation is dismissed by the jurisdictional court on its own motion, for technical problems not correctable under civil traffic rules of court.