Sentences with phrase «order parties to proceedings»

Note 2: The court may also order parties to proceedings to attend, or arrange for a child to attend, appointments with a family consultant.

Note 2: The court may also order parties to proceedings to attend appointments with a family consultant.

Not exact matches

«In order to ensure the proceedings have a minimal impact on their child, the parties have decided to finalize their divorce swiftly and privately,» an attorney for Abedin said in a statement.

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After granting the order of stay of proceedings, the apex court ordered parties — Saraki and the Federal Government — to exchange their briefs of argument within 14 days.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

Risks and uncertainties include without limitation the effect of competitive and economic factors, and the Company's reaction to those factors, on consumer and business buying decisions with respect to the Company's products; continued competitive pressures in the marketplace; the ability of the Company to deliver to the marketplace and stimulate customer demand for new programs, products, and technological innovations on a timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and / or increases in component costs could have on the Company's gross margin; the inventory risk associated with the Company's need to order or commit to order product components in advance of customer orders; the continued availability on acceptable terms, or at all, of certain components and services essential to the Company's business currently obtained by the Company from sole or limited sources; the effect that the Company's dependency on manufacturing and logistics services provided by third parties may have on the quality, quantity or cost of products manufactured or services rendered; risks associated with the Company's international operations; the Company's reliance on third - party intellectual property and digital content; the potential impact of a finding that the Company has infringed on the intellectual property rights of others; the Company's dependency on the performance of distributors, carriers and other resellers of the Company's products; the effect that product and service quality problems could have on the Company's sales and operating profits; the continued service and availability of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances that could disrupt supply, delivery, or demand of products; and unfavorable results of other legal proceedings.

Both cases dealt with an ante-nuptial, or pre-nuptial, agreement and the weight which should be given to it on division of the parties» assets in matrimonial financial order proceedings.

Consequently, Article 27 could not be made applicable in proceedings between private parties in order to exclude the application of a provision of national law (para 48).

With regard to procedures concerning a Protection Order, the party may request the clerk of the court for the inspection or a copy of case records, the delivery of a transcript or an extract thereof, or the issuance of a certificate of matters concerning the case; provided, however, this shall not apply to the opposite party until the date for oral proceedings or a hearing in the presence of the opposite party with regard to the petition for the protection order is designated or until the protection order has been sent to the opposite pOrder, the party may request the clerk of the court for the inspection or a copy of case records, the delivery of a transcript or an extract thereof, or the issuance of a certificate of matters concerning the case; provided, however, this shall not apply to the opposite party until the date for oral proceedings or a hearing in the presence of the opposite party with regard to the petition for the protection order is designated or until the protection order has been sent to the opposite porder is designated or until the protection order has been sent to the opposite porder has been sent to the opposite party.

Article 19 With regard to procedures concerning a Protection Order, the party may request the clerk of the court for the inspection or a copy of case records, the delivery of a transcript or an extract thereof, or the issuance of a certificate of matters concerning the case; provided, however, this shall not apply to the opposite party until the date for oral proceedings or a hearing in the presence of the opposite party with regard to the petition for the protection order is designated or until the protection order has been sent to the opposite pOrder, the party may request the clerk of the court for the inspection or a copy of case records, the delivery of a transcript or an extract thereof, or the issuance of a certificate of matters concerning the case; provided, however, this shall not apply to the opposite party until the date for oral proceedings or a hearing in the presence of the opposite party with regard to the petition for the protection order is designated or until the protection order has been sent to the opposite porder is designated or until the protection order has been sent to the opposite porder has been sent to the opposite party.

Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order to preserve the fairness of the proceedings.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

If the paying party does not agree settlement on a provisional damages basis then the injured person would need to issue court proceedings to seek a determination by a court as to whether there will be an order for provisional damages.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

While this does not apply where there is domestic violence, if parties do not undertake this step the court may order them to do so before proceedings can continue.

Abused Children Protection Orders (SB 1335 / PA 99 - 0349): Provides that the parties to the proceedings are also entitled to copies of unfounded reports.

From an early stage in the proceedings the court can make protective orders preventing assets from being disposed of, and calling on one party to fully disclose their resources.

I have long assumed that the habit of including requests for procedural relief in South Carolina family court pleadings was due to the prior version of Family Court Rule 25, which encouraged the informal exchange of information but did not mandate formal discovery in family court proceedings unless stipulated to by the parties or ordered by the court.

As to when the application should be made, it is not necessary to make it during the main proceedings and it is not unusual for applications to be made once a party has established that it is unable to enforce its costs order against the original party.

the application judge erred in ordering that other proceedings are required to determine the parties» financial issues rather than making a determination within the application.

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.

Groupama joined Mr Khan as a party to the proceedings to apply for a costs order.

● It will be even more exceptional for a costs order to be made against a non-party where the applicant had a cause of action against the non-party and could have joined him as a party to the original proceedings.

The client's spouse issued financial proceedings in order to progress the financial settlement and set down a suitable timetable in order for the parties to gather their evidence that they wish to rely upon and help them reach an agreement.

In a recent decision, the Honourable Justice Myers held that the typical Orders Giving Directions that estate litigation lawyers seek to allow the parties to produce documents are» lengthy, intrusive, expensive documentary collection and investigation proceedings that can last for the better part of a year or more.»

The judge commented that the «ordinary or default position» was, therefore, that a party ordered in family proceedings to make a lump sum payment would not be released from his obligation to make the payment merely by virtue of his bankruptcy.

This is in direct contrast to the US procedure, where parties falling within the same class do not have to participate in the litigation in order to be entitled to share the damages awarded, ie there is an automatic opt - in, though claimants can of course opt out of the proceedings.

«Criminal contempt for conduct ex facie the court is generally initiated by the Attorney General while civil contempt proceedings are initiated by a party or person affected by the order sought to be enforced.»

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

HELD The purpose of a criminal restraint order, as with a civil freezing order, is not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by any order which may be made against the defendant at the end of the proceedings.

Defence lawyer Joseph Neuberger obtained the complete history of all proceedings between the parties and after careful review of the complainant's statement, drafted a detailed response to the application outlining why the allegations and the request for a restraining order was an indirect attempt to thwart M.S.'s access to his daughter.

Such a prudent step outlines the parties» agreement in order to avoid contentious and costly proceedings if death or divorce occurs.

If there are gaps in the parties» disclosure even after the provision of this information and documentation then other tools are available, including ordering the disclosure of documentation from third parties, requesting the information from foreign courts and joining third parties to the proceedings.

Chris» clients sought to set aside an order which had been made against them in relation to proceedings in Switzerland to which they were not parties.

CPR 3.18 concludes the section on costs management with: «In any case where a costs management order has been made, when assessing costs on the standard basis, the court will (a) have regard to the receiving party's last approved or agreed budget for each phase of the proceedings; and (b) not depart from such approved or agreed budget unless satisfied there is good reason to do so.»

She explains that a party seeking to challenge a final order of a court in family proceedings can use s 30F (6) of the Matrimonial and Family Proceedings Act 1984 to apply to vary, suspend, rescind or revive any order, even if the marriage has been dissolved.

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.

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

The arbitral tribunal may order that any documents annexed to the statement of claim or statement of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

The Court has the power to order that periodical payments will commence upon granting of decree for divorce as part of the parties» financial remedy proceedings.

The FAI Arbitration Rules 2013 (the «FAI Rules») impose an overall good faith obligation on parties and tribunals «to make every effort to contribute to the efficient conduct of the proceedings in order to avoid unnecessary costs and delays.»

Publicity should be tightly managed having regard to any orders of the court, interests of parties without infringing the procedural rights of all participants, the nature of the proceedings (open or closed) and with careful consideration of the effect of publicity on each proceeding.

National legislation, such as that at issue in the main proceedings, pursuant to which compulsory removal from the VAT register of a company whose dissolution has been ordered by a court decision results, even where the dissolved company remains party to contracts in force and states that it has not ceased its activity during the period of its liquidation, in the obligation to calculate the input VAT due or paid on available assets on the date of that dissolution and to pay it to the State.

In addition, the Competition Act 1998 (as amended) provides that findings of fact made by the CMA during the course of an investigation (which have not been appealed, or which have been confirmed on appeal) which are relevant to an issue arising in certain competition law proceedings before the High Court (or the CAT) are binding on the parties to those proceedings, unless the court (or the CAT) orders otherwise.

The FJA has a similar definition at section 11, defining a judgment as a judgment or order given or made by a court in any civil or criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party.

As regards costs, the general rule in proceedings before the English courts is that the unsuccessful party will be ordered to pay the costs of the successful party.

XYZ Ltd was anonymised on the basis that there were ongoing criminal proceedings arising out of the same facts; to avoid the risk of prejudice in those proceedings, the court ordered that the judgment providing full details of the parties involved only be made public following the conclusion of those proceedings.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.