Sentences with phrase «of financial remedy»

Julian appeared in Associated Newspapers Limited v Duncan Bannatyne [2015] EWHC 3467 (Ch) a prominent case concerning the balance between open justice and the privacy of financial remedy proceedings.

The case has been transferred to the High Court, News UK having applied for permission to publish details of the financial remedy proceedings.

Drafting of and advice on shareholders» agreements and articles of association, in particular advice in relation to the construction of pre-emption provisions (including in the context of financial remedy proceedings)

An additional practice that has grown in popularity among many practitioners, where the parties have the financial resources, is the use of a private financial dispute resolution appointment (FDR), the FDR being a key part of financial remedy proceedings in a divorce.

Whether the liberation will be hard, soft, open or otherwise will usually depend on the outcome of a financial remedy application.

Inevitably, cases turn very much on their own facts and, rather frustratingly, unlike within the context of financial remedy proceedings on divorce, there are relatively few reported cases to refer to for guidance as those cases that have been reported tend to have been of a «big money» nature and have little relevance to the majority of separating cohabitants.

She works on all aspects of financial remedies and Children Act cases.

A reference or trial will be held to determine the amount of the financial remedies after discovery on the financial issues.

Not exact matches

«The ultimate resolution of any of these pending legal proceedings or government investigations, depending on the sanctions and remedy sought and granted, could materially adversely affect our results of operations and financial condition,» the bank said in a filing with the SEC.

As managers and academic researchers have tried to remedy the inadequacies of current performance measurement systems, some have focused on making financial measures more relevant.

Inevitably, those same financial issues will pop up again, causing a vicious cycle, which the adult child has no incentive to remedy since the Bank of Mom and Dad is always there for a bailout.

 Part of the Harper governmentâ $ ™ s response to the financial crisis was to promise to remedy the patchwork of provincial securities regulators. If securities regulators -LSB-...]

To remedy this and reduce the risk to revenue, importers will be required to submit Letters of Credit (LC), guarantees or insurance cover from participating financial institutions before their goods are warehoused.

Senator Klein's S. 5276 would require disclosure of a dealer mark - up at the time of sale, and would also request the Department of Financial Services to conduct a study on the issue of mark - ups to determine how dire this discrimination problem is, and how we can work to remedy it.

In case of such exercise of the contractual remedy by Ameri, the financial credibility of Ghana will be tarnished and every dollar borrowed through international funding will be expensive for the economy.

Today The Treasury Select Committee publishes its report on the Financial Services Bill, ahead of its scrutiny in the House of Lords, setting out its main outstanding concerns and proposed remedies

For that reason the sources of stress and the availability of suitable remedies against heightened uncertainty about financial and economical developments have been analyzed (Swagel, 2009).

Short of going the keeping - your - finances - separate route, there are other solutions to remedy this situation, including learning to talk about money and aligning your financial goals to forge a solid ground for your relationship:

The Department's Disadvantaged Business Enterprise (DBE) program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally - assisted highway, transit, airport, and highway safety financial assistance transportation contracting markets nationwide.

Registering gives you proof of ownership and offers you financial remedies that wouldn't otherwise be available if your work is infringed.

It's used primarily to avoid financial misunderstandings and shouldn't be confused with a loan agreement, which contains an assortment of legally enforceable terms and remedies.

Nevertheless, a payday loan shouldn't be used in place of a long - term financial remedy.

After none of the home remedies she knew were working and his condition was worsening, she finally made the heartbreaking decision to surrender Rich to Charleston Animal Society (CAS) in the hopes that someone with greater financial means could help him.

This article explores the intersection of English criminal, regulatory and civil liabilities and remedies in connection with cyber fraud and how cyber attacks will inevitably generate financial penalties and litigation matching those of the global Libor and Forex scandals.

He explained his position as follows: «There is no doubt that in this jurisdiction, when dealing with an application for financial remedies in English divorce proceedings, the court will normally apply English law, irrespective of the domicile of the parties, or any foreign connection (see Radmacher para 103).

For the financial remedies after the grant of the patent, the judge permitted the plaintiff to elect the defendant's profits.

The de-linking of divorce and financial remedies and introduction of online divorce are procedural changes designed to go hand - in - hand.

It may be premature for too much glee, but it is certain to have cheered the spirits of the club owner, who has been awarded some financial remedy with the potential for further damages.

Under the current system, if one of the party's contests the other's application for financial remedy, all of the divorce proceedings are transferred to a local court.

He warned that the government's «lamentable history of procrastination» meant that it was unwise to expect «speedy progress», but argued that the differences between the processes made the de-linking a prudent step which would simplify divorce proceedings and take the strain off the oversubscribed financial remedies administration:

Divorce proceedings and any financial remedy proceedings are going to be «de-linked» and pursued separately in a move set to streamline the family court system nationwide and save weeks of delay.

The starkest example is the question of whether the public or the press should be allowed to view financial remedy proceedings.

In Canada, absent an action for malicious prosecution — which as explained above, is rare in the extreme — there is no direct financial remedy available to an individual who has been on the wrong side of Crown discretion.

Ms. Luther represents a broad base of financial institutions and other clients in all state and federal courts and has experience enforcing secured and unsecured loan obligations, obtaining attachments, injunctions, restraining orders, receiverships, and other pre-judgment remedies.

FPR 2010 r 21.1 (1) anticipates such a list in the family court, but this is rarely anticipated, still less ordered, by the court (eg, most disclosure in financial remedy proceedings is dictated by production of documents with Form E (the parties» financial statement)-RRB-.

Lord Pearson [at 682] contrasted this with the position where application is made after the time for appeal has expired (eg, per a Barder appeal in financial remedy proceedings — see Barder v Barder (Caluori Intervening)[1988] AC 20, [1987] 2 All ER 440): in such a case the end of litigation has been definitely reached, subject only to the court's power to extend the time.

In JP v NP, Eleanor King J considered a third attempt to set aside orders made in financial remedy proceedings, where # 42,000 was in issue between the parties and where an order (order (1)-RRB- had been made following a hearing and in anticipation of a decree nisi later being made.

The remedy that most claimants seek from an employment tribunal when complaining about any form of discrimination is financial recompense and a tribunal can award successful claimants compensation for lost earnings and for injury to feelings caused by the acts of discrimination.

The preface takes a swipe at «divisive» judicial pension reform and its impact on recruitment (I see by chance that one of the editors is Mostyn J) and contains a spoof judgment pre - RS v JS (though it is reminiscent of a case I had only the other week sitting as a deputy at Aldershot), the headnote for which reads: Financial Remedy — Short marriage - Farming - Cross-claims - Conduct -(W) kidnapping, repulsive parents --(H) culinary incompetence, dysfunctional family — Twitter — W awarded # 10m.

Although, as in most financial remedy proceedings, the key issue was whether the husband had the available wealth that the wife claimed, there was an additional, complicating factor that the wealth may have been in the hands of the husband's extended family (outside England and Wales) and the court would need to be satisfied that the money would be paid.

In financial remedy proceedings, that is why, of course, there is, under the Family Procedure Rules, an agreed bundle, statement of issues, chronology etc, so that the judge can focus on the key issues.

In parallel, however, there ran enforcement proceedings in respect of an interim financial remedy order issued in December 2010, that the husband make periodical payments of # 10,000 each month (and which went unpaid).

Part Four of the Bill contains proposals to make significant changes to judicial review by restricting the powers of the court to provide a remedy in certain types of challenges, and by imposing higher financial risks on claimants and interveners.

Perkins Coie's Financial Transactions & Restructuring group represents and advises secured and unsecured creditors, committees, lenders, trustees, borrowers, acquirors, indenture trustees and debtors on matters involving commercial finance transactions, public debt offerings, project finance, loan documentation, restructurings, workouts, bankruptcy and the enforcement of creditors» rights and remedies.

It could be described as a way of privatising a key part of the court process in a financial remedy application.

These developments suggest a greater willingness on the part of the Federal Court to compensate successful parties in line with the actual financial stakes of patent litigation and suggest that if a successful party is entitled to equitable remedies, the court is more willing to award substantial equitable monetary remedies to the successful party.

«The matters to which the court must have regard include --(a) the financial value of the claim and the amount in dispute, if different; (b) whether it would be more convenient or fair for hearings (including the trial) to be held in some other court; (c) the availability of a judge specialising in the type of claim in question; (d) whether the facts, legal issues, remedies or procedures involved are simple or complex; (e) the importance of the outcome of the claim to the public in general».

A measure of what is in place in April will be a measure of what has been «done» in the financial remedy area.

* Apart from frightening the life out of the reader, the work with its tables is as essential as ever to all financial remedy practitioners.

Family money cases are set to speed up in the county court from 4 June, with the launch of the fast track procedure for financial remedy applications.