Sentences with phrase «on enforcing judgments»

Many court houses and public libraries have books on the small claims process and on enforcing judgments (with books on the latter often entitled «creditor's rights»).

As Brexit negotiations continue to be ever present in the headlines, it is a timely reminder for parties contemplating litigation or with concluded cases to consider the impact Brexit will have on enforcing judgments in the UK or abroad.

But if we don't do a deal they won't carry on enforcing our judgments.

Not exact matches

In Matthew it is enforced by a telling piece of imagery, in which Jesus imagines himself confronting these unworthy followers on a day of judgment beyond this world.

Even if Mexico could win the complaint, it can not enforce that judgment against any sovereign, especially the US, as so much of Mexico's export depends on the US.

He said, «President Muhammadu Buhari has directed all relevant agencies to compile documents on names of all looters with a view to promptly enforcing the judgment of a Federal High Court in Lagos ordering the government to release to Nigerians information about the names of high ranking public officials from whom public funds were recovered.»

Penalty Charge Notices that are enforced through the County Court are not recorded on your credit report, or on the Register of Judgments, Orders and Fines.

a) Disputes filed - 18 months b) Inquiries - 2 years c) Payment profile -5 years d) Information related to a consumers payment behavior such as slow payer, defaulted or absconded - 1 year e) Information relating to the action that a credit provider has taken against a consumer to enforce a debt such as handed over, legal action or write - off - 2 years f) Debt restructuring - Until a clearance certificate is given g) Civil court judgments - 5 years or until the court removes it h) Administration orders (orders to put a consumer under administration)- 10 years or until the court removes it i) Sequestrations (order given by the court where the consumer is insolvent)- 10 years or until the court removes it j) Liquidations (order given by the court where the consumer is insolvent)- no time limit k) Court order removing a liquidation or sequestrations after all the debt was paid - 5 years l) Other information (information not covered above)- 2 years Other Useful Topics Learn how to dispute information on your credit report in South Africa.

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However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

This could be on the basis that they have reasonable prospects of obtaining a default judgment which they can then enforce more often than not.

This ruling is not thermonuclear on its own, but in its aftermath, we will not only see a lot of wrangling over a judgment as a matter of law to overrule the jury and over injunctive relief but there will also be, even more importantly, a push by Apple to enforce many more design patents and utility (hardware and software) patents against Samsung.

Although the right to sue on the debt may only last two years, the right to enforce a court judgment lasts for ten years.

In its judgment the court said the existence of the right of appeal given by the Child Support Act 1991 (CSA 1991), s 20 and the right to receive interest on arrears in prescribed circumstances given by s 41, when taken in conjunction with the right to seek judicial review of failures to collect or enforce arrears of maintenance, means CSA 1991 provides the parent with care with substantial protection against incompetence on the part of the CSA.

Any application to discharge, vary or enforce will have to be made to the family court and, on enforcement, the usual family court menu will be available including judgment summons but no pre-22 April 2014 order enforcement application fee will be charged.

According to them, the Bank's aim was to enforce the judgment in the DIFC and then take it for execution in the Dubai Courts, relying on the reciprocal enforcement mechanisms available under Article 7 of the Judicial Authority Law (these provide for the mutual enforcement of judgments between the DIFC Courts and the Dubai Courts).

In particular, this judgment from the jurisdiction's apex court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act 1996.

If we just enact, say, the Judgments Regulation or Brussels II into domestic law, that would be a remarkably generous thing to do — yes, we'll carry on enforcing, for instance, Latvian and Lithuanian judgments after Judgments Regulation or Brussels II into domestic law, that would be a remarkably generous thing to do — yes, we'll carry on enforcing, for instance, Latvian and Lithuanian judgments after judgments after we leave.

In May, he took on a case seeking to have a Canadian court enforce a $ 19 - billion Ecuadorian judgment against multinational oil giant Chevron Corp..

Researchers can also contact the IBA's Multi-Jurisdictional Class Action / Collective Redress Working Group and its Task Force on International Procedures and Protocols for Class Actions (see their Guidelines for Recognising and Enforcing Foreign Judgments for Collective Redress); the RAND Institute for Civil Justice (Class Actions and Mass Torts); the Oxford Centre for Socio - Legal Studies, European Civil Justice Systems; the Searle Civil Justice Institute at George Mason University's Law & Economics Center (SCJI); and check the Securities Class Action Clearinghouse (Stanford Law School)-RRB-.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

Arnette notes that U.S. courts are moving to impose stricter limits on punitive damages, while some countries like Spain, Canada and Australia are not hostile to the notion of punitive damages, and have enforced American judgments for punitives in their courts.

iv) Since the Morguard decision and its descendants, it has become very easy to enforce an American judgment simply by suing on it in the Canadian court.

-- The willingness to recognize and enforce an extra-provincial judgment rendered on the same jurisdictional basis is as an overarching principle that disciplines the exercise of jurisdiction against extra-provincial defendants.

If the court would not be prepared to recognize and enforce an extra-provincial judgment against an Ontario defendant rendered on the same jurisdictional basis, it should not assume jurisdiction against the extra-provincial defendant.

Key decision before the Eastern Caribbean Court of Appeal On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

Judgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign jJudgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgmentsjudgments.

Judgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign jJudgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign judgmentsjudgments.

If you or your client have obtained or are seeking a judgment of either State or U.S. District Courts, and are seeking to have that judgment recognized or enforced in Ontario, Canada, please contact us for a free initial consultation on 416-979-2020.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.

First, the EU can ask US courts to enforce the EU judgment; the odds that this works depends on the specifics of the case.

The alternative is to enforce a judgment on the assets the court does have jurisdiction over.

The Hague Conference on Private International Law has taken substantial steps toward realizing the conclusion of an international convention to allow judgments rendered by a court in one country to be recognized and enforced in another country.

He went on to say that «in our view, an application... for leave to enforce an award as a judgment is... one aspect of its recognition and as such is the final stage in rendering the arbitral procedure effective.

Hugh Mercer QC appeared as counsel for the Ministry of Justice on the issue of whether the Supreme Court had jurisdiction to hear an appeal against a refusal to enforce a Romanian judgment under the Brussels II Revised Regulation.

She will explain how an analysis of the circumstances and timeline of the signing of the prenuptial agreement may preclude courts from making a pretrial ruling on summary judgment as to whether a prenuptial agreement should be enforced or set aside.

National Westminster Bank Plc v Bowles: [2006] EWHC 2024 (Comm); [2005] EWHC 182 (QB) Acted on behalf of a bank seeking to enforce a guarantee, and in opposing application to set aside a default judgment.

Justice Ramsay held that the lawyer should not have accepted Norina's retainer to enforce the mortgages, nor should he, after getting judgment on the mortgages, have conducted an examination in aid of execution on one of the plaintiffs, his former client.

[9] Judgments or orders given in representative actions are normally binding on all persons represented in the claim, but may only be enforced by or against non-parties with the court's permission.

For example, a judgment in rem against an asset outside of England and Wales can not be enforced for the reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicata).

Furthermore, even if a judgment creditor is able to enforce a judgment against the State, there are restrictions on the type of assets available for enforcement.

The debate turned on whether an action to enforce a foreign judgment was a claim within section 16 (1) of the Limitations Act, 2002, which creates a class of claims to which no limitation period applies.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland or in Northern Ireland only when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Judgments given before the date of application of this Regulation but after the date of entry into force of Regulation (EC) No 1347/2000 in proceedings instituted before the date of entry into force of Regulation (EC) No 1347/2000 shall be recognised and enforced in accordance with the provisions of Chapter III of this Regulation provided they relate to divorce, legal separation or marriage annulment or parental responsibility for the children of both spouses on the occasion of these matrimonial proceedings and that jurisdiction was founded on rules which accorded with those provided for either in Chapter II of this Regulation or in Regulation (EC) No 1347/2000 or in a convention concluded between the Member State of origin and the Member State addressed which was in force when the proceedings were instituted.

The Justice referred to City of Mecca (1879), 5 P D 28 where Sir Robert Phillimore held that the English Court of Admiralty could and ought to enforce an in rem judgment of a Foreign Admiralty Court, on the grounds of international comity (reversed on appeal not on a point of law, but because, like the subject case, the foreign judgment was in personam only.)

Jurisdiction to recognize and enforce a foreign judgment exists by virtue of the debtor being served on the basis of the outstanding debt resulting from the judgment.

16.4 The Guarantor irrevocably waives any objection which it may now or in the future have to the laying of the venue of any proceedings in any court referred to in this Clause and any claim that those proceedings have been brought in an inconvenient or inappropriate forum, and irrevocably agrees that a judgment in any proceedings commenced in any such court shall be conclusive and binding on it and may be enforced in the courts of any jurisdiction...».