Sentences with phrase «of civil proceedings»
The newest addition to the stable is the tort of malicious prosecution of civil proceedings.
newlawjournal.co.uk
His application for a passport was rejected as a consequence of civil proceedings brought against him by a bank for failure to repay a loan.
Yes, private actions seeking damages in the course of civil proceedings are allowed.
In one recent case, the plaintiff claimed that our attorney client was liable to him for wrongful use of civil proceedings and was seeking in excess of $ 3 million in damages.
Procedures for the recovery of such proceeds may take the form of civil proceedings even though such applications are heard in the criminal courts.
Accordingly, a restitution order does not operate as res judicata to the institution of civil proceedings for incurred damages.
Under s 222 (1): «Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area --(a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name.»
The small - business owner has avoided the expense of civil proceedings to obtain the judgment and can hire professionals to collect the civil judgment for a percentage of the recovery, saving the victim out - of - pocket collection expenses.
Chris Pamplin looks at the issues that can arise when a report written in contemplation of civil proceedings gets drawn into criminal proceedings
Standard Life then used some of this information as part of civil proceedings against Topland.
In addition to having experience in all phases of civil proceedings such as evidentiary hearings, motion practice, pre-trial preparation, and trials, Mr. Singh has on several occasions represented clients in successfully obtaining or defending against preliminary injunctions and temporary restraining orders, including successfully defending such results on appeal.
A new Practice Direction outlines the breadth of the changes about to come into force in respect of case management of civil proceedings, scheduling of trials, use of judicially assisted dispute resolution and summary judgment proceedings.
Further raising the stakes are the twin considerations that human rights issues add to the complexity of civil proceedings and, unlike the inability of the Human Rights Tribunal of Ontario to award legal costs, an Ontario court can order legal costs against employers in a court proceeding involving human rights allegations.
Various other practice directions have since been issued by the Judiciary for different types of civil proceedings, such as Family, Personal Injuries, Employees» Compensation, Probate and Administration of Estate and Compulsory Sale under the Land Ordinance.
Acting for a Russian businessman in the defence of civil proceedings brought by a Russian Bank relating to alleged misconduct, including defending against a worldwide freezing injunction obtained by the Bank.
During the conference, the Council of Europe and the European Commission will present the European Prize «Crystal Scales of justice» designed to reward innovative and efficient practices used in European courts for court organization or for the conduct of civil proceedings.
However a conviction is only of assistance and is not determinative of civil proceedings, as it amounts only to evidence.
The focus of the Court thus far appears to be on setting the parameters of civil proceedings for human rights claims.
3/4/08 - Former defendant Anthony Ciolli filed a lawsuit in Pennsylvania state court against the plaintiffs, their lawyers, and other defendants for wrongful initiation of civil proceedings, abuse of process, libel, slander, false light invasion of privacy, tortious interference with contract, and unauthorized use of name or likeness.
The first instance judge, Amanda Tipples QC, considered whether Willers's claim should be struck out on the basis that English law did not recognise the tort of malicious prosecution of civil proceedings.
Though using the language of «iniquity», in the context of civil proceedings, the Court of Appeal nonetheless was clear that the impugned conduct was as a type of fraud (in this case, on the creditors), within the meaning of section 423 of the Insolvency Act 1986.
Coulson J reviewed the relevant case law and took the view that the prosecution of civil proceedings must, at the very least, involve the taking of certain procedural steps between the issue of the claim form and the handing down of judgment, with the service of the claim form and the particulars of claim being the most important.
the fact that a defendant, by serving a defence in civil proceedings, would be giving advance notice of their defence in criminal proceedings, carries little weight in the context of an application for a stay of civil proceedings;
[66] The relevant considerations at this stage of the analysis, when a claim to privilege is made in the context of civil proceedings, include: how central the issue is to the dispute; the stage of the proceedings; whether the journalist is a party to the proceedings; and, perhaps most importantly, whether the information is available through any other means.
The judge held at [2015] EWHC 1315 (Ch) that she was required to follow the decision of the House of Lords, in which it had been decided that there was no tort of malicious prosecution of civil proceedings.
Willers in turn sued Gubay on the ground that the latter was liable to him in the tort of malicious prosecution of civil proceedings.
James Goudkamp offers a practical perspective on the tort of malicious prosecution of civil proceedings