Sentences with phrase «of judicial economy»

EDITOR»S NOTE: It seems contrary to notions of judicial economy, mandatory joiner and the entire controversy doctrine that the claims against the mother and her parents would be handled in separate venues.

In a time of judicial economy, when the court system is already overburdened, the first thing which will probably go are experts who are not deemed necessary, even if properly qualified.

«Moreover, any notion of judicial economy would be destroyed if each potential class member were required to proceed individually against the defendants and prove the same negligence and consumer protection claims,» she wrote.

Once again, considerations of judicial economy win out over opposing claims that two lawsuits are different enough to proceed on separate tracks.

The Defendant argued that the Trust Approach is inconsistent with the principles of judicial economy and fairness.

The judge concluded: «A class proceeding will substantially advance this litigation, including the question of common issues, having regard to the principles of judicial economy, access to justice, and behaviour modification.»

The Court of Appeal stated that «it is not the role of the court to weed out cases on this basis and it is a risky practice for a judge to second - guess counsel on strategy in the name of judicial economy.»

This because it considered that the Implementing Regulation was a regulatory act (within the meaning of Inuit I), and that it did not entail implementing measures (the Commission holds that this condition is a test as to whether «the lowest act in the hierarchy of norms is challenged» — a question of judicial economy and the organisation of judicial remedies).

Not exact matches

But pray: how do you secure convictions when putative felons subvert the judicial process; or rev up the economy when rogues had cleaned out the public till, of otherwise investible funds?

The half - dozen motions filed by attorneys for the defendants describe Buffalo as the «center of gravity» in the Buffalo Billion case and state that transferring the case to Buffalo «is in the interest of justice, for the convenience of witnesses and the parties and for judicial economies.

Whilst the CAC's decision can not be appealed (though it could be challenged by way of judicial review in the High Court), the legal battle on the «gig economy» riders» status is far from over.

Such class actions permit the disgorgement of unlawful gains and serve not only the purposes of enhance access to justice and judicial economy, but also the broader purpose of behaviour modification.

Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.

[1] This is an application brought by the applicant, Navjeen Kaberwal («Kaberwal»), for judicial review of a decision made by the Ministry of the Economy, Immigration Services («Ministry») on December 31, 2012 suspending Kaberwal's right to submit applications to the Ministry for a period of two years.

This explanation helps me understand a bit better why a majority of the Fourth Circuit believes that «announcing — not imposing — a non-guidelines sentence at the time of sentencing will serve judicial economy,» even though the court recognizes that the «announcement of a non-guidelines sentence may require the district court to consider issues not generally pertinent in guidelines sentencing, thereby requiring the investment of additional time at the sentencing hearing.»

In many ways, Justice Story's Bill of Peace stands as the keystone between the Founders» demands for a fair trial, and later courts» struggles to preserve judicial economy and fairness in class actions.

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

«It's a huge issue with judicial economy and use of the court's time,» said Fulton County Superior Court Judge Bensonetta Tipton Lane.

Judicial economy, access to justice and minimization of expense require this.

In all these circumstances, the granting of a further adjournment would have been manifestly unfair to the respondents and contrary to the interests of justice and judicial economy.

The sorts of judicial policies I am thinking about are access to justice, judicial economy and minimization of litigation expense, as explained in leading decisions such as Hryniak, Danyluk and Housen.

This being a dispute regarding commercial transactions, a sector of the most active relationships in a growing economy such as that of Kenya — a fact of which we take judicial notice — it is reasonably to be expected that such legal principles as will emerge from the adjudication of the intended appeal will, in time, have a significant recurrence in the incidence of dispute settlement.

Three factors are relevant in determining whether a court should entertain a moot appeal: (i) the presence of an adversarial context that will ensure that the issues are well and fully argued; (ii) concern for judicial economy; and (iii) awareness of the court's proper law - making function: Borowski, pp. 358 - 363.