Sentences with phrase «ordinary court proceedings»

Holding the former option, Lord Brown said: «It seems to me inconceivable that Parliament would have contemplated leaving the suggested common law restitutionary route to the recovery of overpayments available to the secretary of state to be pursued by way of ordinary court proceedings alongside the carefully prescribed scheme of recovery set out in the statute.

Not exact matches

Given that the debt is likely to be over # 5,000, the action is most likely to be raised in the sheriff court under ordinary cause proceedings.

It noted that in family proceedings, unlike in ordinary civil proceedings, consent orders are binding and enforceable as a result of the court endorsing the agreement, rather than as a matter of contract.

In co-operation with the Gutierrez Law Firm, which is headquartered in San Antonio (where most immigration court proceedings must be held for Central Texas cases), Dunnam & Dunnam is dedicated to upholding the rights of individuals who wish to enter the United States on a temporary or permanent basis, helping ordinary people realize their dreams and aspirations.

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 PTAB applies the same «broadest reasonable interpretation» standard that applies to all USPTO proceedings, rather than the more restrictive district court standard «ordinary and customary» construction.

«matrimonial cases were different from ordinary civil cases in that the binding effect of a settlement embodied in a consent order stems from the court's order and not from the prior agreement of the parties... in family proceedings there is always a duty of full and frank disclosure, whereas in civil proceedings this is not universal».

Accordingly, the statutory requirements on service will apply even where: (i) there is an ongoing arbitration in England; (ii) the Court proceedings may be ancillary to that arbitration; and (iii) it is said that the foreign state entity has waived immunity in the ordinary sense by agreeing to and participating in the arbitration.

In many cases of course the shoe is on the other foot and the Crown and other parties urge that these more fundamental questions are best dealt with in the ordinary courts rather than in regulatory, quasi-criminal, or judicial review proceedings: see, for example, R v Lefthand, 2007 ABCA 206, esp per Slatter JA).

The risk of conflation is all the greater because a few of the issues that Justice Rooke describes with OPCA's could be part of the experience of an ordinary self rep.. For example, Justice Rooke refers to the «strategy» of OPCA's «ambushing» the courts with new documentation in the course of proceedings — I know from many interviews that some self represented litigants do this completely unintentionally because they do not understand the correct procedure.

The court with which the appeal is lodged under Articles 33 or 34 may, on the application of the party against whom enforcement is sought, stay the proceedings if an ordinary appeal has been lodged in the Member State of origin, or if the time for such appeal has not yet expired.