Connection tests can be burdensome
on claimant groups.
In South Australia and the Northern Territory the negotiation process is not conditional
on the claimant group satisfying the State that they meet the legal tests for native title.
Not exact matches
The Low Incomes Tax Reform
Group (LITRG) has welcomed today's House of Commons Work and Pensions Committee report which makes a number of recommendations
on how universal credit could better support self - employed
claimants.
The Government must give better and fuller guidance to tax credit and other benefit
claimants about the circumstances in which they may still claim the child element of child tax credit or universal credit for a third or subsequent child born
on or after 6 April 2017, says the Low Incomes Tax Reform
Group (LITRG).1 Previously announced changes to tax credits, universal credit and some other benefits which limit payment of the child element to no more than two children come into effect today (6 April).
In court,
on a good day, there are four teams representing, variously, two
groups of
claimants (one from a Cardiff anarchist network, another from environmental protesters), and two police forces.
«We know there is a small
group of benefit
claimants without the major physical or health barriers to work associated with incapacity benefit - who live in areas where there is no shortage of vacancies, particularly for low - skilled jobs but who nonetheless remain
on benefits for long periods of time,» he said.
Responding to a consultation
on the pilot closure of HMRC Enquiry Centres in the North East1, the Low Incomes Tax Reform
Group (LITRG) are urging HMRC to cater for taxpayers» and tax credits
claimants» individual needs, focusing
on service delivery and not cost cutting
A
group of claims handlers found that, over a 12 - month period between mid-2013 and mid-2014, up to 30 % of PPI offers made by some providers included comparative redress, with
claimants affected being about # 730 worse off
on average.
(5) The relief requested by the consolidated
group of
claimants shall be limited to monetary damages equal to the net liquidating value of each individual
claimant's account (s) as of the close of business
on the day of the bankruptcy, but may also include a request for interest, costs and fees where appropriate under the Code;
The scope of their practice is focused
on the individual
claimant as well as organized
groups or «rings.»
There must be evidence of a strong presence
on or over the land claimed, manifesting itself in acts of occupation that could reasonably be interpreted as demonstrating that the land in question belonged to, was controlled by, or was under the exclusive stewardship of the
claimant group.
The Amersham research
group, which comprised other scientists apart from the
claimants, carried out human studies
on one of the more promising compounds in 1988.
Mr Justice Cooke held in Nomura International plc v Granada
Group Ltd and others [2007] EWHC 642 (Comm), [2007] All ER (D) 404 (Mar) that it depends
on whether the
claimant can properly identify the essence of the tort or breach of contract complained of and, if given appropriate time to marshall what he knows, is in a position to formulate particulars of claim.
O v P [2013] EWHC 3855 (Comm): instructed to advise in relation to and to appear
on behalf of international logistics
group company Applicant / Intended
Claimant in ex parte application in Commercial Court for an anti-suit injunction and declaratory relief.
The fact that politicians make politically expedient attacks
on lawyers — whether it be Chris Grayling's recent attack
on «left wing» pressure
groups, or Jack Straw's berating «BMW - driving civil liberties lawyers» — does not mean that
claimant law firms don't have a case to answer in relation to drumming up «spurious claims».
On the first matter, as argued by the defendant, only two of the
claimants had won their respective claims, meaning, from a «big picture» perspective, that the defendant had succeeded in 94 % of the
group litigation claims and was, therefore, the litigation winner.
«My reward is knowing my hard work for personal injury clients is appreciated» Annalae Hodgson - Since receiving her Legal Administrative Assistant Certificate from Douglas College in 2010 Annie has worked exclusively
on behalf of personal injury
claimants at Holness Law
Group and is experienced dealing with ICBC insurance adjusters.
For the first time since a new refugee law was passed last June, the federal government has declared that five different
groups of Romanian refugee
claimants, who entered Canada
on five different occasions over a period of several months, are to be designated as a single
group.
We focus
on people and partnerships, working closely with a small
group of leading
claimant law firms, applying our capital and expertise to help grow their practice and better serve their clients.
Acted
on behalf of various trade contractors in construction lien proceedings, including acting as «carriage counsel»
on behalf of
groups of lien
claimants
To establish a prima facie violation of s. 15 (1), a
claimant must demonstrate the law at issue has a disproportionate effect
on the
claimant based
on membership in an enumerated or analogous
group.
Constitutional / Aboriginal Law: s. 15 Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (35518) To establish a prima facie violation of s. 15 (1), a
claimant must demonstrate the law at issue has a disproportionate effect
on the
claimant based
on membership in an enumerated or analogous
group; and the specific evidence required will vary depending
on the context of the claim, but «evidence that goes to establishing a
claimant's historical position of disadvantage» will be relevant.
I am bound to say that, in the light of these and other findings of the tribunal, I have considerable difficulty in seeing how they could hold that a previously unobjectionable rule had somehow become disproportionate once the
claimant had raised the issue, even
on the assumption that it was a rule that disadvantaged Christians as a
group within the workforce.
A member of our pensions litigation
group, Sam also has particular expertise advising both
claimants and defendants
on High Court disputes and declaratory proceedings and
on matters before the Pensions Ombudsman.
That involved considering how the
claimant would have acted in the hypothetical circumstances that the defendant's advice was not negligent: the
claimant had to show how they would have acted
on the balance of probabilities, and also that there was a substantial chance that the Swedish companies would have agreed to settle
on terms that the
claimant would have accepted: Allied Maples
Group v Simmons & Simmons [1995] 4 All ER 907.
His lordship would apply the principles in Allied Maple
Group to the instant case as follows: the
claimants had to show
on the balance of probabilities that, had they received proper advice, they would have adopted a different negotiating stance, and, if they showed that, the court had to assess the chance of that bringing about a response from the Swedish companies that
on the balance of probabilities the
claimant would have accepted by way of settlement of the dispute.
The
claimant submitted that any payment by Helphire to DAS or to another company within the DAS
group was incapable in law of impacting
on the claim which was for the
claimant's loss.
His cases also often have an international element raising complex issues of jurisdiction and applicable law and are often brought
on behalf of classes or large
groups of
claimants.
An investor
group called Sunlot Holdings is seeking to revive the failed Bitcoin exchange Mt. Gox has made a deal with the
claimants in two class action lawsuits
on a proposed settlement.
A
group of cryptocurrency traders will file a lawsuit against Coincheck Inc
on Thursday over last month's theft of $ 530 million (# 382 million) in digital money from the Tokyo - based exchange, a lawyer representing the
claimants said.
That is, if State, Territory and Commonwealth Governments, industry
groups and native title
claimants wish to achieve workable native title agreements; strong relationships based
on shared goals for agreement making need to be established.
Several NTRBs reported that, due to funding shortages, their «engagement» with native title
claimant groups is limited to advising and taking instructions from the claim's applicants listed
on the Federal Court's records (and this is sometimes only five people
on behalf of a
group of 100 or more).
... No doubt the failure of a
claimant group to continue to pass
on knowledge of other customs and laws by word of mouth will not necessarily be fatal to their claim.
While the principles focus
on the economic and social development goals of native title
claimants, they also apply more broadly to the overall aspirations of the
group.
Despite this flexibility the relationship between Victoria and the
claimant groups still assumes that the State will have a discretion to enter into negotiations depending
on its assessment of the claim against legal criteria.
I conclude that a policy based
on these principles would, working in partnership with the
claimant group:
In contrast, the negotiation model assumes the right of
claimant groups to a negotiated outcome based
on their traditional connection to country.
Yet «client satisfaction» is based
on the satisfaction of «peak bodies from mining and local government; State and Commonwealth agencies; native title representative bodies; individual native title
claimants; businesses engaged in mining; development and environmental consultancies; individual local governments; large commercial developers; pastoralists; environmental non-profit
groups; various elected officials at all levels of government; and lawyers and consultants working in native title.»
Rights and interests recognised within native title processes and based
on a particular
claimant group's traditional law and customs commonly include the right to:
The jurisprudence
on the replacement of applicants under s. 66B of the NTA provides the most developed thinking around the authorisation of individuals to act for and
on behalf of the native title
claimant group.
In weighing evidence as to whether native title has ceased to exist, it is appropriate for the Court to ask whether there has been shown a clear and plain intention
on the part of the
claimant group to abandon all underlying connection with the land.
(a) the emphasis placed by the trial judge
on the traditional laws acknowledged and customs observed by the original inhabitants of the area at the time radical title vested in the Crown, and the need to establish that those laws and customs continued to be observed until the present time, rather than
on the traditional laws acknowledged and customs observed by the
claimant group, contrary to the emphasis in paras 223 (1)(a) and (b) of the NTA
on the present tense [9];
That is, a generally agreed heritage arrangement (either
on a regional or Statewide basis) could exist as a baseline: where a
claimant group's concerns in relation to an expedited procedure tenement application were satisfied by the regional agreement there would be no need to object, but where a
group's concerns were not met by the regional agreement, they could still use the objection procedure.
The kind of consideration implied by section 237 requires a case - by - case analysis of the impact of proposed future acts
on a particular
claimant group and claim area.