Sentences with phrase «ordinary court claims»

Furthermore, the limitation period (for commencement of ordinary Court claims) should be suspended during any statutory warranty claims process.

But claimants should have the right to pursue ordinary Court claims if they wish.

The warranty claims process should continue to be simpler and speedier than ordinary Court claims.

Not exact matches

Any claim arising from the information contained on the eDairy News website shall be submitted to the competence of the ordinary courts of the First Judicial District of the Province of Cordoba (Primera Circunscripción Judicial de la Provincia de Cordoba), Republic of Argentina, in the city of Córdoba, excluding any other jurisdiction (Federal jurisdiction is also excluded).

The ordinary bench unanimously ruled that the proper forum for the determination and resolution of whether or not Mr. Woyome is entitled to a claim against the State is the High Court and not the Supreme Court.

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

As a matter of ordinary language, one would say that the proceedings were brought in support of a claim and were not over until the courts had fully disposed of that claim.

The EAT further found that CLIA 1978 in any event was concerned only with claims justiciable in the ordinary courts.

It is clear that the EAT did not regard its conclusion as representing a satisfactory state of affairs, particularly where the joint or concurrent tortfeasors are at arms» length, eg as in Bullimore v Porthecary Witham Weld [2011] IRLR 18 where an ex-employer gave a damaging reference about the claimant to a prospective employer because the ex-employee had presented a sex discrimination claim against them and the prospective employer withdrew the offer for the same reason, and in circumstances where CLIA 1978 applies to discrimination claims brought in the ordinary courts.

As the floor rises on what's considered feasible for an ordinary track supreme court action, it's reasonable to expect that something must change to accommodate the underserved gap between modern small claims caps (currently $ 25k) and the $ 100k mark.

A third limitation is that any claims under s 13 would need to be brought in the ordinary courts, and would be subject to the usual costs regime — with the loser usually paying both sides» costs.

The appellate court explained that to recover compensation in a premises liability claim, a plaintiff must show that the defendant knew or should have known about the danger and that the plaintiff lacked knowledge of the danger, in spite of his ordinary care, due to actions or conditions within the owner's control.

In this case, the Court noted that the negligence claim was not predicated simply to the placement of the decedent in hospice care, an act that would likely be subject to ordinary negligence standards, but rather on the treatment provided to the decedent after she was placed in hospice care.

This case, along with Ashby v Birmingham CC [2011] EWHC 424 (QB), [2011] 4 All ER 182, has brought to the fore the, until now, weird idea of bringing equal pay claims in the ordinary courts rather than in a tribunal.

In our view, the principle that a litigant should be able to see and hear all the evidence which is seen and heard by the court determining his case is so fundamental, so embedded in the common law, that, in the absence of parliamentary authority, no judge should override it, at any rate in relation to an ordinary civil claim, unless (perhaps) all parties to the claim agree otherwise.

Court Discusses What Constitutes a «Medical Malpractice» Claim, Versus a Claim of Ordinary Negligence, Indiana Injury Lawyer Blog, January 6, 2016

Because parties generally represent themselves, the procedures and rules of evidence in small claims court are more relaxed than in ordinary justice court.

It is possible that similar claims might be made in future against other regulators in the competition arena, whereas formerly claimants might have been expected to make their claims in the Administrative Court or in an ordinary civil cCourt or in an ordinary civil courtcourt.

Thus, the court's conclusions provide a powerful basis to oppose claims of patent infringement asserted by entities that claim patent rights in computerized methods of ordinary business tools, practices, or procedures.