Sentences with phrase «material application to the court»

Not exact matches

When San Diego cab driver BasaalySaeedMoalin was charged with providing material support to terrorists based on surveillance evidence in Dec. 2010, his attorney, Joshua Dratel, tried to get the government's wiretap application to the Foreign Intelligence Surveillance Court.

The commission has made this decision because since issuing its application to the high court on 12 May, it has received sufficient material from the party to proceed with its investigation.»

Idigbe, while describing the application that led to the seizure of Nwaoboshi's house as an abuse of court processes, accused the EFCC of suppressing material facts before Justice Anka.

In his ruling, Justice Abubakar Talba rejected the EFCC's application for an adjournment on the ground that the prosecution did not place sufficient materials before the court to enable it exercise its discretion in its favour.

It is the duty of the applicant to provide materials upon which the court will grant the application.

The Court further reminded that the Qualification Directive (Directive 2011 / 95 / EU) requires the Member States to grant the refugee status when a third country national or a stateless person meets the relevant conditions under that Directive, and then pointed out that «after the application for international protection is submitted in accordance with Chapter II of Directive 2011/95, any third - country national or stateless person who fulfils the material conditions laid down by Chapter III of that directive has a subjective right to be recognised as having refugee status, and that is so even before the formal decision is adopted in that regard».

He indicated that the SFO would be willing to make applications in the courts, both civil and criminal if necessary, to override privilege and gain access to relevant material.

Facebook can be a basis of court applications, a place to mine material for cross-examination and a great source of embarrassment to litigants.

They had worked through, again and again: the file that Jeannie Pastor had given them detailing — if such a generous word was appropriate for the actual record — the steps that the police had taken in their fruitless search for the missing Jared Willoughby; the court records of Nabel's application to have the life tenant declared dead; Gladys Tremaine's few family documents and the plans that she and Rangel had just drafted; and as well a bunch of material from the internet about the gravel mine and about aggregate mining generally.

Rather, the Court agreed that the application judge, leaving the choice of dispute resolution proceedings open to the parties granted better flexibility and that a trial would not grant any material advantage as argued by the appellant.

The absence of that material was in itself sufficient grounds to deny the application, but a subsequent review of the court record indicated that the matter had already been struck from the trial list.

When faced with an application to vary an order, the court should not ignore a mutually - accepted separation agreement such as the one reached by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial order was made.

[Draftsman turns to Mr Z: «If you are a former client of a lawyer who holds, or whose firm holds, confidential information of yours which might reasonably be expected to be material where an issue arises between you and another client of that firm, you can apply to the High Court by claim (Civil Procedure Rules 1998 Pt 8); or by application in any court proceedings in which the question arises... etc&raqCourt by claim (Civil Procedure Rules 1998 Pt 8); or by application in any court proceedings in which the question arises... etc&raqcourt proceedings in which the question arises... etc»].

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

The BC Court of Appeal set aside the reduction of support on the basis the trial judge failed to first determine whether there was a material change of circumstances, and also failed to properly interprete the arbitration award without considering the arbitrator's reasons, the application of the Family Law Act and applicable case law.

The Court of Appeal also ruled, however, that the new evidence regarding the risk of extradition to Ukraine (with which, unlike Kazakhstan, the UK has entered into an extradition treaty) amounted to a material change of circumstance which meant that the application to give videolink evidence from Switzerland had to be considered afresh.

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The material is well organized, easy to follow, and clearly addresses the various applications of limited scope to multiple aspects of family law practice, from document assistance, negotiation coaching, case management, limited scope court appearances and coaching of clients who are mediating their disputes.

An Application Judge had appointed counsel for Toronto as amicus curiae to help the court with ``... the history and with the materials».

Following her review of the materials filed by the plaintiff's lawyer and her thorough analysis of the rules governing court approval of settlements for persons under disability, Madam Justice Corthorn noted that there were a number of procedural and substantive problems with the materials before her, including but not limited to the fact that the application record was not served on the respondent and no factum had been filed by the applicant.

A judge was right to admit as evidence in court material from an asylum application revealing Terry McGeough's membership of the IRA, the Supreme Court has court material from an asylum application revealing Terry McGeough's membership of the IRA, the Supreme Court has Court has held.

An application to impose more stringent obligations on a defendant can succeed only if the applying authority can put before the court material which justifies the extension as necessary in order to achieve the statutory objective.

Based on the principles identified by the court with respect to the application of s. 75 of the Act, reporting issuers faced with similar material changes will not satisfy their obligations under the Act if they fail to file a material change report and news release.

[22] The preliminary issue which the claimant has raised and I must consider is whether there has been a material change in circumstance in order for the court to consider the respondent's application to vary the terms of the parties» settlement agreement.

The statutory scheme of PACE 1984, ss 8 and 15, permits a Magistrates» Court in an ex parte application for a search and seizure warrant to have regard to material that, on public interest grounds, can not be disclosed to a person affected by the warrant or order, even where this material is decisive for the legitimacy of the warrant.

When the Supreme Court finally returned to Athey material contribution in 2007 in Resurfice Corp. v. Hanke, [2007] 1 SCR 333, 2007 SCC 7 — after having rejected a decade of leave applications which asked the Court to explain this aspect of Athey — a unanimous 9 - member Court (McLachlin C.J., Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.)

In addition, the Court encourages parties, or tribunals where applicable, to file electronic versions of all materials (e.g., appeal book and compendiums, case books, application records, record of proceedings) in appeals and judicial review applications to the Divisional Court.

The electronic version of factums or any other material filed in a Divisional Court appeal or judicial review application must be formatted and contained in one file and be virtually identical to the official printed version that is also filed with the Court.

The Court of Appeal held that for the most part, the legislation sufficiently protected solicitor - client privilege by allowing for court applications to protect privileged materCourt of Appeal held that for the most part, the legislation sufficiently protected solicitor - client privilege by allowing for court applications to protect privileged matercourt applications to protect privileged materials.

At the outset, the Court wisely acknowledged that that the online was no different than the offline when it came to the application of the standards governing discovery requests: «While Facebook — and sites like it — offer relatively new means of sharing information with others, there is nothing so novel about Facebook materials that precludes application of New York's long - standing disclosure rules to resolve this dispute.»

In Henderson v Henderson, 2016 ABCA 256 the Alberta Court of Appeal says once a settlement is reached it needs to be adhered to subject to court applications based on a material chCourt of Appeal says once a settlement is reached it needs to be adhered to subject to court applications based on a material chcourt applications based on a material change.