Sentences with phrase «not give rise to a claim»

Labour leaders should participate in deciding staff - related matters, «but it (co-determination) should be confined to this and it should not give rise to a claim to co-management,» Porsche told Stern, calling for a «separation of powers.»

I confirm that no part of the Content violates or will violate, or will infringe, any trademark, trade name, contract, agreement, copyright (whether common law or statutory), patent, literary, artistic, music, dramatic, personal, private, civil, property, privacy or publicity right or «moral rights of authors» or any other right of any person or entity, and shall not give rise to a claim of slander or libel.

That case established that, where the execution of the works was facilitated by a stopping - up order made by a different compensating authority, under a different statutory scheme not incorporating CPA 1965, the stopping - up did not give rise to a claim under s 10.

Not exact matches

I can't claim to be providing certainly accurate information on this, since it's been a while since I've done relevant physics reading (lay books, not academic), but in the early universe (before inflation went out of control) there were irregularities that gave rise to clumping, from which the first stars and galaxies originated.

He formulates it as follows: «By a process of elimination we are left with twenty - one sayings whose attestation and subject matter do not give rise to objections of weight, which are perfectly compatible with the genuine teachings of our Lord, and which have as high a claim to authenticity as the sayings recorded in our four gospels.

In Matthew 28:18, the risen Jesus makes the still more striking claim that all authority in heaven and on earth has been given to him, a statement echoed elsewhere — for instance, in Philippians 2:9 - 11... When John declares that «in the beginning was the word,» he does not reach a climax with «and the word was written down» but «and the word became flesh.»

In a ruling on 15 October 2014 about claims for Nestlé SMA toddler milks in an ASDA email, the ASA: «told [the companies] not to state or imply that health could be affected by not consuming a product, or to give rise to doubt the nutritional adequacy of a reference product.»

According to the statement, «The transactions which gave rise to the false reports and the spurious claims from which they have sprung have already been submitted to the Court's consideration and ordinarily should not be the subject of discourse or advertorials.»

And Nick Clegg and his ministers were not given a nod when the chancellor announced the personal tax allowance rise — the first pledge in the Liberal Democrat 2010 manifesto (to raise it to # 10,000)-- and the PM has already caused anger by trying to claim ownership of the policy.

This multi-part system can give rise to confusion and frustration, particularly among families trying to reconcile claims that they have unprecedented choice with the reality that their children may not have access to some of the city's most desired public schools.

It's also generally without regard to fault, and is able to protect you from minor incidents that might or might not give rise to a liability claim but are worth taking care of efficiently in order to make them go away.

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

Upon first use of their Membership numbers, cards or of any benefits, Members are deemed to have accepted these Terms and Conditions and releases The Company, Airline Partners and / or Partners from any direct or indirect loss, claims, costs, damages or expenses of any kind whatsoever arising out of or in connection with the Golden Circle, and whether or not The Company, Airline Partners and / or Partners have any control over the circumstances giving rise to such loss, claims, costs, damages or expenses.

Also, this claim gives rise to conclusions that are not supported by the data: Let's assume you are right, and natural outflows are always 4 units larger than natural inflows (i.e., «nature is a net sink for CO2, whatever the natural inflows involved»), and only human inflows cause CO2 to rise.

For instance, US Senator James Imhofe of Kansas called climate change «the greatest hoax ever» (Johnson, 2011) To claim that climate change science is the greatest hoax ever is at minimum, if not a lie, reckless disregard for the truth given the number of prestigious scientific organizations that have publicly supported the consensus view, the undeniable science supporting the conclusion that if greenhouse gases increase in the atmosphere some warming should be expected, the clear link between rising greenhouse gas concentrations in the atmosphere and increases in fossil fuel use around the world, as well undeniable increases in warming being that have been experienced at the global scale.

Certainly the experience with some of the nuclear power plants being built now does not give rise to confidence in the claims for the theoretical Generation IV nuclear reactors.

Prof. Murry Salby of the Department of Environment and Geography at Macquarie Universiry in Sydney gave a talk last year (August 3, 2011) to the Sydney Institute (described at Wikipedia), in which he claimed that the rise in atmospheric CO2 is not driven by anthropogenic emissions.

That's in the IPCC AR4 Working Group 1, Summary for Policymakers, so one doesn't have to read very far to see what the IPCC actual projections are... that the projected trends are significantly lower than what Monckton claims and the fact that they are fairly scenario - independent over the next 20 years or so (which isn't that surprising given that it takes a while for the emissions in the various scenarios to diverge significantly and that half of the rise is projected to be due not to ANY additional emissions but simply to the greenhouse gases already present in the atmosphere).

We can not agree, however, that her objection to the makeup requirement, without more, can give rise to a claim of sex stereotyping under Title VII.

Although the judge found that R was «actively and closely involved in... the events which gave rise to the Foundation's claim», any costs incurred by the claimant before it acquired the right to bring a claim (as the assignee of title to the mural and of the cause of action of the landlord and freehold owner of the building) could not be recovered from R.

The type of loss that can give rise to a claim is typically (not an exhaustive list):

Not aware of any alleged act, error, omission or any disagreement with any current or former client which might reasonably give rise to a claim or suit.

Personal injury can occur in many different ways though not all will give rise to a compensation claim.

If the work that gave rise to the claim was referred completely to an independent paralegal (not an employee or working in association with the law firm) to be performed without the lawyer's ongoing supervision, with the client's knowledge and approval and with no indicia that might lead the client to believe that the paralegal and the lawyer were partners or employer / employee, liability for the claim would likely be the paralegal's alone.

Don't forget that s. 5 (2) of the Limitations Act, 2002 imposes a presumption that plaintiffs are aware of the facts giving rise to their claims on the day the act or omission took place, unless the contrary is proved.

The second firm's current excess insurance policy — if the firm has one — would generally not apply because the services giving rise to the claim were not performed for / on behalf of that firm.

With mortgage rates yet to rise, it is reasonable to assume that when they do, there will be a second wave of claims, and who is to say that that won't include present - day transactions, given the occasional return of high loan to value loans and an uncertain outlook for property prices?

On the other hand, the Ontario Superior Court recently held in Baglow v Smith 2011 ONSC 5131 (CanLII) that comments on a blog should not necessarily give rise to a claim in defamation, when the person alleging defamation has a right of reply in the same blog.

It is important to note, however, that a mere disagreement between an attorney and a client usually does not give rise to a legal malpractice claim.

The drop in claims costs is unsurprising given the raft of changes which have been made in recent years in order to reduce legal costs in personal injury; however, noticeably, those savings have not been passed on to consumers and premiums have continued to rise.

For plaintiffs in particular, the ability to join claims together where the damages would not independently justify securing counsel gave rise to the possibility that members of the public could access the courts in ways that... [more]

Even if the firm breached the Rules of Professional Conduct, such breaches, if any, do not give rise to proximity that would support a negligence claim, where no proximity exists.

While men on shared parental leave can not directly compare themselves with women on maternity leave, enhancing maternity pay but not shared parental pay may give rise to an indirect discrimination claim.

«In addition, care needs to be taken to ensure that the cost system implemented does not give rise to a new legal insurance industry, setting up whizzy schemes to fund people's claims for them out of future compensation.

A claim that cost consequences arose due to a breach — a party must show that such costs arose from the breach, not from an event which could not in principle give rise to a claim / counterclaim.

The ruling illustrates both that a sitting President is not immune to civil liability even in state court, and that a defendant's public response to an accusation of sexual misconduct may give rise to a defamation claim.

Not every accident or injury gives rise to a valid claim.

Informal appeal processes are akin to attempts by the parties to resolve the claim; such dealings do not give rise to an estoppel argument.

In addition to the aforementioned exception for cases when the injured victim was a child, there is also an exception for circumstances in which fraud was employed to conceal the injury; in those cases, the timeline is extended by 2 years, but even then, a claim can not be brought more than 7 years after the incident giving rise to the claim.

If this proves unsuccessful this certainly would not give rise to a medical negligence claim.

The insured person has not notified the insurer of the circumstances giving rise to a claim for a benefit or has not submitted an application for the benefit within the times prescribed by this Regulation.

This applies so long as the lawyer did not know or ought not to have known of the claim or circumstance giving rise to the claim prior to the policy period.

We encourage lawyers to issue actions within two years of the event giving rise to the claim, unless there is a very good reason for not doing so.

A qualified attorney will be able to give you reliable legal advice as to whether you're going to need help pursuing your claim, whether an appeal of a decision not in your favor is going to be successful or not, and whether your injuries simply don't rise to the threshold of being serious enough for a lawyer.

The Court held that the finding that the Appellants were aware of the essential facts giving rise to a claim against the Respondents was not a finding of discoverability.

The subrogation claim, although potentially applicable to non-signatories, did not give rise to fee entitlement because nothing allowed cross-complainant to step in the shoes of any party to the construction loan agreement — so, if cross-complainant could not recover for fees, Bank could not either under either contractual interpretation or Civil Code section 1717 reciprocity principles.

On the implied waiver claim, the Court held that a pleading by a plaintiff that alleged it would not have entered a settlement agreement had it known about certain fraudulent conduct did not give rise to an implied waiver of solicitor - client privilege in communications related to the settlement.

The care, treatment or transportation was not causally related to the event, giving rise to the claim to which the lien extends.

We can not agree that the behaviour recited by Plaintiff constitutes behaviour that is so severe or so pervasive that it gave rise to a claim for hostile work environment.

It's unclear whether any of this interference by real property owners could give rise to claims of detinue, or the right of replevin to recover a Pikachu or Mewtwo (don't worry, I don't know what those are either).