Sentences with phrase «litigants from»

In the absence of the «offending» George v. Harris factors, it is not in the interests of the proper administration of justice to adopt an overly technical approach in scrutinizing a Notice of Motion that will prevent litigants from determining whether there is a legal basis for them to access the protection provided by the Policy.

This is why, without some degree of compulsion, the government may not be able adequately to turn back the tide of litigants from the courts.

London appears increasingly popular as a centre for international litigation, particularly among litigants from the former Soviet Republic.

Not good enough, say the Trial Lawyers and the BC branch of the Canadian Bar Association, as well as a number of interveners, who argue that the fees impede access to justice and prevent the less well - off litigants from having their disputes resolved by courts.

Constitutionalism, for instance, means that the province can not prevent litigants from asserting constitutional claims (the very issue decided in Amax Potash and Air Canada), which the hearing fees will do in some cases, or for that matter from asserting their claims under federal law, which they will do in others.

The reforms in AB 773 will establish cost - benefit and proportionality requirements for discovery to prevent litigants from abusing the discovery process to leverage a higher potential settlement or engage in a «fishing expedition.»

As Parliament did not clear empower the executive to levy fees that would prevent litigants from accessing tribunals, and as the fees at issue had precisely that effect, they must be held not to have been authorized by the statute under whose purported authority they were imposed.

By leveraging Pro Bono Net's LawHelp Interactive online document assembly solution, the project allows advocates across the state to complete and electronically file petitions for litigants from any location, including from trusted domestic violence agencies and shelters.

The ability to seek a protective order delaying PI disclosure can prevent litigants from doing so.

«Court system hit with cyberattack»: Tony Romm of Politico.com has a report that begins, «Unidentified hackers took aim at the federal court system Friday, blocking access to its public website while preventing lawyers and litigants from filing legal documents online.»

-- Reduction or elimination of the problem of «forum shopping» between litigants from various states who are seeking state law most favorable to their litigation interests

Circuit Judge Jimmie V. Reyna criticized the practice as amounting to a substantive decision, stating that, «You are doing something that prevents in my opinion some litigants from... having their day in court.»

Moore was retained by the Alberta government when litigants from Saskatchewan started using the same arguments as the Comeau defence team to challenge subsidies that the Alberta Gaming and Liquor Commission provides to craft breweries in the province, arguing that they were tantamount to trade barriers and were forbidden under the new and expanded (or old and revived, depending on your view) version of section 121 espoused in Judge LeBlanc's decision.

Two Federal Circuit judges expressed concern that the practice may be unconstitutional and may prevent litigants from having «their day in court.»

However, unless we begin this sort of messaging early and frequently, we are unlikely to shift the popular approach to the disputes of separated families, and will continue pouring buckets of money into an inherently inefficient service model with nothing being done to divert potential litigants from an equally inefficient court system.

The Project interviewed 283 self - represented litigants from Ontario, Alberta and British Columbia, as well as 107 providers of advice or other legal service.

Congress should do the right thing and enact judicial reform to protect pro se litigants from discrimination and intimidation in the courts.

Judicial bias — shown in things like failing to read pro se filings, barring pro se litigants from conducting voir dire, and other antics — leaves much room for reform in federal and state courts.

The question was asked as to whether or not there was the potential for a clash between the Commercial Court Long Trials Working Group's Report and the work of this review; Jackson LJ expressed the need for caution in changing the procedures of the Commercial Court given its position as the court of choice for litigants from other jurisdictions.

Separately, proposals are afoot to raise the small claims limit to # 5,000 for road traffic accident claims — this would exclude most litigants from representation since legal costs are not recoverable in the small claims court.

The idea behind # 2 is that state courts could sometimes favor litigants from their own states, so in situations where there is a great deal at risk, and where one party is in their home state and the other is not, federal courts allow litigants into federal court in order to provide a fair forum.

In a human rights court, litigants from religious communities have a right to think the judges will treat them fairly and, to the extent possible, decide cases without bias.

So, in a motion to prevent a litigant from obtaining her name and address, she hands it over.

The named party is a person of straw put forward to protect the true litigant from liability for costs.

Plaintiff only sought injunctive relief such that the CLRA damages restriction did not disqualify the litigant from seeking recovery of appellate fees as the successful party.

Justice Cromwell was joined by Ms. Jennifer Muller (a self - represented litigant from A2JBC) and Mr. Dan Baxter (Director of Policy Development, Government & Stakeholder Relations for the BC Chamber of Commerce).

The argument that adverse costs awards constitute a barrier to justice in ordinary litigation is a familiar one; it is easy to envision how the prospect of liability for such costs would deter a litigant from pursuing an action.

To preclude a civil litigant from relitigating an issue previously found against him in a criminal prosecution is less severe than to preclude him from relitigating such an issue in successive civil trials, for there are rigorous safeguards against unjust conviction, including the requirements of proof beyond a reasonable doubt and of a unanimous verdict, the right to counsel, and a record paid for by the state on appeal.

[30] The Superior Court of New Jersey issued an order prohibiting a litigant from filing new lawsuits.

Not exact matches

«The idea was to take those 33 litigants that sued me and turn them into customers,» he told the audience at FailCon, a forum in which founders offer hard - won lessons from their business failures.

The problem of course is that Coyne's piece relies heavily on commentary from local civically illiterate crank and guaranteed quote machine Duff Conacher, for whom everything is evil and wrong, and why he hasn't yet been labelled a vexatious litigant by the courts is beyond me.

But an «equity QE» policy would benefit from an additional legal bulwark: the procedural maze our legal system subjects all litigants to.

The more campaign contributions from business interests justices receive, the more likely they are to vote for business litigants appearing before them in court.

«Although the NJC recently recommended the dismissal and prosecution of a judge for extorting N197 million from a litigant, the authorities had paid lip service to the menace of judicial corruption in the country,» he said.

Associate Justice Robert Wodrow Archbald (United States Commerce Court) and Judge (Third Circuit Court of Appeals) for improper acceptance of gifts from litigants and attorneys.

Two weeks ago, EPA fended off an effort by the litigants to receive a legal «injunction» which would have temporarily blocked EPA from moving forward on the whole program.

But this time around, the challenge has come from a very different set of litigants.

Yassine's dedication to working on literacy problems both real and theoretical led her to a collaboration between a group of HGSE students and the litigants of the first federal case asserting a right to literacy based on gross inequity in Detroit Public Schools (DPS) that culminated in an on - campus event where parents, teachers, and students from DPS led a conversation.

In 2005 two sets of litigants mounted suits with this language in an effort to secure more federal funding or relief from federal requirements, but were not expected by legal analysts to get far (see «NEA Sues over NCLB,» legal beat, Fall 2005).

If the Ed Trust proposal imprudently invites lawsuits from aggrieved parents on a few specific topics, it appears quite restrained when compared to the superhighway to the courtroom concocted by the No Child Left Behind Commission, which offers an unlimited array of statutory language to an unlimited universe of potential litigants.

There's less need to destroy (or avoid making) records when the government limits how much exposure a wrongdoer faces from individual litigants, as in Europe, so less pressure to, say, «simplify» laws by removing requirements to document at all.

The UK FOI guidance notes are quite specific that «The term «vexatious» is to have its ordinary meaning and there is no link with legal definitions from other contexts (ed vexatious litigants)».

The stress and uncertainty resulting from drawn out litigation can have adverse impacts on litigants» mental and physical health.

If banning ODR is warranted because 13 % of litigants do not own a computer, then should we not bar lawyers from pleading since the percentage of unrepresented litigants is more than four times higher than the number of individuals on the wrong side of the digital divide?

In written reasons, the Court of Appeal agreed the appellant was a vexatious litigant; had caused a public nuisance; that the AG had standing to seek an injunction to prevent the public nuisance from continuing; that the court had inherent jurisdiction to control its own process; and that the activities of the appellant interfered with the administration of justice.

A new Practice Direction from Manitoba's Court of Queen's Bench reflects increasing acceptance of the fact that litigants without lawyers are no longer an anomaly in civil litigation.

Counsel for CN and McKercher are also expected to clash over the «professional litigant exception» to the bright line rule, where consent to act adverse in interest may be inferred from entities such as banks, governments, or large corporations.

I would venture to suggest that any sensible regime for appeals, particularly from justices, should not merely be comprehensive but also be simple and readily comprehensible both to litigants in person and, dare I say it, also to court staff.

Thanks to the blog Social Media Law Student for the heads - up about the announcement from the New Jersey judiciary that it is adopting an array of social - media tools to keep lawyers, litigants and the public better informed of court developments.

While receiving his B.A. in Economics from UC Berkeley, he worked at the CA Superior Court helping litigants prepare for trial.