But how should such considerations play out in the world
of enforcement of judgments or arbitral awards?)
Application for enforcement of the arbitral award should be submitted to a competent judge along with a copy of the arbitration agreement, original award and certified translation of the award if the award is rendered in English, unless the parties agree on alternative means
of enforcement of the judgment.
The consultation, A Green Paper on Improving the Efficiency
of the Enforcement of Judgments in the European Union: The Attachment of Bank Accounts, runs until 31 March 2007.
Not exact matches
Although in the civil
enforcement action the SEC got a $ 12 million default
judgment, the U.S. Attorney got a guilty plea for one good, old - fashioned count
of wire fraud.
«SERAP therefore believes that the swift
enforcement and implementation
of this landmark
judgment by the government
of President Muhammadu Buhari will be litmus test for the President's oft - repeated commitments to transparency, accountability and the fight against corruption, and for the effectiveness
of the Freedom
of Information Act in general.»
The organisation said that, «The
enforcement and implementation
of the
judgment should not be delayed as to do this is to continue to frustrate the victims
of corruption in the country since the return
of democracy in 1999, and will threaten to undermine the authority
of our judicial system.»
It would be recalled that SERAP had on 28 March 2016 sent a copy
of the certified true copy
of the
judgment to Mr Malami and Alhaji Idris urging them to use their «good offices and leadership to ensure and facilitate full, effective and timely
enforcement and implementation
of the
judgment.»
SERAP letter reads in part «Given the relative newness
of the Buhari government, the effective
enforcement and implementation
of the
judgment will invariably involve setting up a mechanism by the government to invite the leadership and high - ranking officials
of the governments
of former President Olusegun Obasanjo, former President Umaru Musa Yar» Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts
of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.»
The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State
of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory
judgment and permanent injunction prohibiting
enforcement of section 16
of SB 302 in the absence
of an appropriation consistent with the supreme court's opinion.
Ruling / Rationale: The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State
of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory
judgment and permanent injunction prohibiting
enforcement of section 16
of SB 302 in the absence
of an appropriation consistent with the supreme court's opinion.
(A) The competitive impact
of such
judgment, including termination
of alleged violations, provisions for
enforcement and modification, duration
of relief sought, anticipated effects
of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy
of such
judgment that the court deems necessary to a determination
of whether the consent
judgment is in the public interest; and
The parties have been unable to agree upon any
of the matters
of substance, in particular on the form
of and territorial extent
of any injunctive relief, upon the extent
of any Island Records v Tring disclosure (relevant to the election
of an inquiry as to damages or an account
of profits), upon whether and if so in what form there should be an order for publicity
of the
judgment as an
enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason
of the fact that for a period an exclusive licence was not registered, upon the extent
of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»
Once a
judgment is entered against you, the person or entity that won the lawsuit gains access to a portion
of your wages by providing a copy
of the court order to local law
enforcement.
Both this aspect
of the job and that related to rule
enforcement demand a keen sense
of judgment, going far beyond a rote adherence to routine.
We also offer credit services such as reporting your debt or
judgment to credit and also providing you with other elements
of a credit report for your
enforcement efforts.
Indeed, even while a consumer is enrolled in a debt relief program, creditors and debt collectors may continue to make collection calls pending resolution
of the consumer's debts and may proceed with lawsuits and subsequent
enforcement of any
judgments, such as through garnishment
of wages.
For the latter, we support the
judgment of law
enforcement to hold the owner accountable for their actions, including through imposition
of criminal charges.
July 31, 2011, 11:35 a.m. Updated There's been a rush to all manner
of judgments over the strange case
of Charles Monnett, the biologist for the Bureau
of Ocean Energy Management, Regulation and
Enforcement who provided a powerful talking point for climate campaigners, including former Vice President Al Gore, with his description
of several drowned polar bears spotted during an aerial marine - mammals survey in 2004 — an observation enshrined in a short paper published in Polar Biology in 2006.
In international arbitration
enforcement of awards is facilitated by the New York Convention in more jurisdictions and more easily than
enforcement of court
judgments internationally.
This very short
judgment makes me feel that much more was said in camera, but later removed as too controversial or too telling
of a preference for public or private
enforcement.
After all these years, the Ecuadorian plaintiffs deserve to have the recognition and
enforcement of the Ecuadorian
judgment heard on the merits in an appropriate jurisdiction.
In 2013, a couple
of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson
judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and
enforcement of the fundamental rights in the Member States» (
Judgment of the First Senate
of 24 April 2013 — 1 BvR 1215/07 — para. 91).
Lawyers from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview
of key practical issues concerning
enforcement of judgments and arbitral awards in our four jurisdictions.
Unlike other areas
of law, each member state
of the EU keeps its own family law and can decide its own terms: While the EU provides a common set
of rules for jurisdiction, recognition and
enforcement of judgments and orders, Britain has three systems
of substantive law in England, Scotland and Northern Ireland with each system operating almost independently.
• On acknowledging instructions and confirming first letter has been sent • On issuing proceedings • On entering
judgment • On drafting and serving a section 146 notice • On drafting and serving possession proceedings • On preparing for a possession hearing • On commencing other
enforcement options if necessary • On confirming the outcome
of enforcement action
This
judgment brings the BVI back into line with many other countries which make no automatic distinction between the location
of the
judgment, but rather leave that to be considered in the Judge's discretion on the
enforcement application itself.
Although Chicago business lawyers have a duty
of due diligence to their clients, encumbering caseloads and other important obligations may cause the most diligent
of counselors to let the
enforcement period
of judgments slip without petitioning the court for their revival.
Attended,
Enforcement of Judgments, Louisville Bar Association, Louisville, Kentucky (on - line through Lorman Education Services), 2008
Service Bailiffs In charge
of the handling and delivery
of certain court documents and the timely
enforcement of judgment remedies.
Advising a fund on bringing fraud proceedings against former directors and third parties, and
enforcement of a foreign
judgment in the UK.
We regularly advise companies from China and across South - East Asia and Taiwan on setting up and trading in the UK, and assist with litigation or dispute resolution, including the
enforcement of foreign
judgments and debt recovery.
Obtaining summary
judgment against a large financial institution for
enforcement of a performance bond securing an oil / gas contract.
Although
judgments have an
enforcement time limit
of 7 years from the date
of their entry, Illinois law allows a
judgment to be enforced for up to 27 years after the date the
judgment was entered.
In reaching this decision, the Jersey Royal Court has demonstrated not only that it will take an innovative and pragmatic approach to ensure that freezing orders are effectively policed, but also that it will assist foreign courts in the
enforcement of judgments by ordering
judgment debtors within its jurisdiction to make disclosure
of their worldwide assets.
From 10 January 2015, Regulation (EU) 1215/2012
of the European Parliament and
of the Council
of 12 December 2012 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (Brussels Regulation (recast)-RRB- applies.
In my
judgment, a residence test can not be justified in relation to the
enforcement of domestic law or the protection afforded by domestic law, which is applicable to all equally, provided they are within its jurisdiction.
Illinois law provides ample opportunity for Illinois business lawyers to assist in the
enforcement of old
judgments for at least 27 years after the date the
judgment was entered.7 Although caselaw has yet to encounter such a fact pattern, a judgement, if properly revived every 7 years may carry on indefinitely.
The senator representing Ogun East senatorial district, Mr. Buruji Kashamu, has filed appealed against the
judgment of the Court
of Appeal, Lagos, which gave the National Drug Law
Enforcement Agency (NDLEA) the nod to begin extraction process against him to the United State
of America (USA), to face drug related charges offences.
Summary: The appellant foreign state challenged the lower court's
judgment that real property owned by the appellant could be used to execute an
enforcement order
of an arbitral award.
Before discussing the considerations applicable in this case, it may be useful to reiterate the theoretical basis for the recognition and
enforcement of foreign
judgments.
A creditor with a Small Claims Court
judgment must file a Certificate
of Judgment at the Court
of Queen's Bench for
enforcement.
Victoria is experienced in the cross-border and domestic
enforcement of judgments.
She adds that «Nigerian courts are eager to enforce arbitral awards and the regulatory framework under the New York Convention and Foreign
Judgments (Reciprocal
Enforcements) Act largely favours
enforcement of foreign awards».
In doing so, Corbett, J. found the law firm was not negligent in its unsuccessful effort to defeat the
enforcement in Ontario
of the foreign
judgment, nor was it negligent in failing to advise the lawyer to immediately sue LAWPRO, once the
enforcement action was commenced in Ontario.
Caroline is instructed in a wide range
of commercial and chancery disputes including: general contractual disputes; civil fraud; breach
of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance;
enforcement of foreign
judgments; mortgage fraud and claims concerning undue influence.
The Uniform Act was adopted by the ULCC as a complement to the Uniform
Enforcement of Canadian
Judgments and Decrees Acct.
In defence
of the Uniform
Enforcement Act, it was intended to provide a quicker and simpler method
of enforcing Canadian
judgments across the country than does the Reciprocal Enforcement of Judgm
judgments across the country than does the Reciprocal
Enforcement of JudgmentsJudgments Act.
So Ehrenfeld has taken the lead in promoting legislation, which would block
enforcement of libel
judgments from countries that provide less free speech protection than in the United States.
The consequence
of this recognition would be, in effect, the (constitutionality required) uniform
enforcement across Canada
of judgments of Canadian courts.
Decisions
of employment tribunals along with the Employment Appeal Tribunal, the First - tier Tribunal and the Upper Tribunal will be registrable in the Register
of Judgments, Orders and Fines once filed for
enforcement with the High Court or a county court.