Joint custody legislation places pressure
on litigants to negotiate a joint custody arrangement.
Unfortunately, one of the most overlooked aspects of a divorce is the financial impact that a divorce settlement agreement will have
on the litigants» future subsequent to the finalization of the divorce process.
Our decisions in those civil cases rested
on the litigants inability, for reasons beyond their control.
Often, a case's «publicity» can have both advantageous and detrimental effects
on the litigants.
Because the new standard «may have profound effects
on litigants,» it does not become effective until March 1, 2017.
Dame Hazel Genn, Dean of the Faculty of Laws at University College London, sat on the Civil Justice Council Working Group
on Litigants in Person and was the keynote speaker at the National Action Committee Symposium in Toronto last month.
Over a furious dissent by Justice Rothstein, the Court held that while provinces can impose some hearing fees, the fees can not constitutionally result in «undue hardship»
on litigants, preventing them from asserting their legal claims.
Unison involved fees imposed
on litigants who took their cases to tribunals charged with the resolution of employment law disputes.
Quite to the contrary, however, many attorneys looking out for their clients» best interests will encourage settlement, and from a judicial standpoint, a court will always look more favorably
on litigants who choose to take their future into their own hands and reach an amicable settlement arrangement.
A key theme in the work of the EIC is proportionality — the requirement to ensure that the e-discovery requirements that are placed
on litigants are proportional, in terms of cost, time and effort, to the nature and dollar value of the case.
The court process has a negative impact
on litigants both emotionally and financially.
Instead, the Court placed the onus
on the litigants to convert a non-final dismissal order into a final one by seeking a dismissal with prejudice once the time for amendments has lapsed.
Detail aspects of the discovery process in U.S. lawsuits that impose significant obligations
on litigants, and involve multiple parties playing different roles
LexisNexis, the international legal technology company and publisher, provided one of the most interesting contributions to the Civil Justice Council's December forum in London from its committee
on litigants in person.
On the topic of the purpose of Rule 37B the Court stated «the cost consequence (of Rule 37B) is meant to encourage litigants to reach settlements; reasonable settlements, and to impose penalties
on those litigants who decline to accept offers which are reasonable in all of the circumstances...»
While it is ethically permissible to advise a client on actions they may take in the future, courts have come down hard
on litigants and attorneys who have failed to preserve evidence contained in Social Media accounts.
No thought was given by the cutters to the effect of
this on litigants or the courts — saving money was the only imperative.
From now
on litigants should only be allowed to use London black cab drivers as experts.
However, in this column I am focusing
on litigants who do not usually request anonymity, but perhaps should receive it.
«There is growing concern about litigants without lawyers, especially for family cases, which are often complex and have profound effects
on litigants and their children, and where the judgment of litigants is particularly prone to be being influenced by emotions,» says Bala.
But while the focus should always be
on litigants — and not lawyers — at a certain point our judicial system has an obligation to step in when lawyers take hits they don't deserve.
There are lawyers who offer unbundled services, who are passionate about the injustice of forcing full retainers
on litigants, as this effectively blocks their accessibility to the justice system.
Importantly, each document assumes publication and neither recommends limiting access as a means of limiting negative impacts
on litigants.
The stress and uncertainty resulting from drawn out litigation can have adverse impacts
on litigants» mental and physical health.
But courts move glacially, as witnessed by the county's two - year battle with the railroad, and time is
on the litigants» side.
He suggests that, in agreement with Lincoln, Supreme Court decisions should be binding only
on the litigants and not on other branches of the federal government, nor on other states, as the case may be.
In Denton v Workers Compensation Board, the Court decided that the responsibility is
on the litigant wanting to make a Charter claim to have made it where such an argument is first available — with the first decision - maker that touches their case.
The new procedures and practice directions are, if anything, more detailed and pervasive than before and judges impose sanctions, as Lord Woolf said they should,
on any litigant who steps out of line.
Not exact matches
«In some courts,
on some days, I am told, unrepresented
litigants are up to 40 of the cases,» McLachlin told a Canadian Bar Association audience.
The problem of course is that Coyne's piece relies heavily
on commentary from local civically illiterate crank and guaranteed quote machine Duff Conacher, for whom everything is evil and wrong, and why he hasn't yet been labelled a vexatious
litigant by the courts is beyond me.
The filings recently prompted a California federal judge to threaten to brand the network a «vexatious
litigant» because its lawsuits seemed designed to «overwhelm the courts... so as to avoid a rational decision
on the merits.»
MG will be keen to settle the class action as soon as possible for fear
litigants will block a meeting called to vote
on the Saputo deal.
They had provided copies of it to
litigants and their lawyers and invited submissions based
on its content.
He said «some of the
litigants who declined to speak
on record expressed their frustrations about the situation.»
«The VP said we lost that case because the
litigants based their argument
on the process that produced the candidates not the outcome of the elections.»
The stories of judges becoming very wealthy
on bribes paid by
litigants in election petitions and other high profile cases have become more pervasive and in matters of the sanctity of the judicial process, appearances are at least as important as the substance.
Democratic state Assemblyman Tom Abinanti of Westchester County says it is unseemly for judges and district attorneys to run for office with their campaigns funded by lawyers and
litigants on whose cases they are about to rule.
Two weeks ago, EPA fended off an effort by the
litigants to receive a legal «injunction» which would have temporarily blocked EPA from moving forward
on the whole program.
«I know that every case that I decided may have had a profound effect
on a person or more than one, beginning with the
litigants.
Yassine's dedication to working
on literacy problems both real and theoretical led her to a collaboration between a group of HGSE students and the
litigants of the first federal case asserting a right to literacy based
on gross inequity in Detroit Public Schools (DPS) that culminated in an
on - campus event where parents, teachers, and students from DPS led a conversation.
At the same time,
litigants attempted to bring «equity cases» in federal courts designed to eliminate spending variations among school districts due to heavy reliance
on the local property tax.
If the Ed Trust proposal imprudently invites lawsuits from aggrieved parents
on a few specific topics, it appears quite restrained when compared to the superhighway to the courtroom concocted by the No Child Left Behind Commission, which offers an unlimited array of statutory language to an unlimited universe of potential
litigants.
Anita Earls, executive director of the Durham - based Southern Coalition for Social Justice and a
litigant for plaintiffs in the case, suggests Kagan's ruling
on the congressional districts could be a signal.
Later,
on the Securities and Exchange Commission and then
on the bench, he would sometimes leave
litigants waiting while he chatted with his wife, who seemed to take such treatment as her due.
PIJAC is a
litigant in recent court cases affecting the fisher trade, and is working with Hawai'i's fishers and state regulators
on new research about the environmental sustainability of ornamental fishing.
The
litigants, who had instigated the legal actions led by in - law Ambrose Gherini, retained 6,000 acres (2,428 ha)
on the east end of the island,
on which they continued the sheep ranching operation.
«If you look
on the websites of these jurisdictions, you will see they have done reports
on sea level rise and adaptation planning,» said Sean Hecht, a UCLA law professor who is advising some of the
litigants.
This is because there is a long - standing debate in Canada about the extent to which the Charter creates positive duties
on government, and climate
litigants may opt to reduce the risk of their case being dismissed
on these grounds.
It might be tempting to base a lawsuit
on the right to a stable climate as part of the right to life, but
litigants would be wise to challenge specific government decisions in lieu of inaction
on climate change.
And finally, it creates a «safe space» for the self - representing
litigant to inform themselves
on process and ask questions about what is expected of them in a contested hearing.