Sentences with phrase «other applications to the court»

Broaden the Court's discretion to dismiss proceedings in circumstances that do not apply to any other applications to the Court, and

Not exact matches

The Toronto Real Estate Board (TREB) has filed an application with the Federal Court of Appeal to stay the Competition Tribunal's June 3 order, which requires TREB to, in part, stop its «anti-competitive practices» and not exclude sold and other disputed data from its virtual office website (VOW) feed.
In order to understand the context in which the FBI sought a FISA warrant for Carter Page, it is necessary to understand how the investigation began, what other information the FBI had about Russia's efforts to interfere with our election, and what the FBI knew about Carter Page prior to making application to the court — including Carter Page's previous interactions with Russian intelligence operatives.
To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawTo the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable lawto any other system, to engage in spamming or otherwise to violate applicable lawto engage in spamming or otherwise to violate applicable lawto violate applicable laws.
The finding of the Court of Appeals for the District of Columbia that the registration by plaintiff's predecessor of the trade - mark had been fraudulently obtained, was based on the fact that in the application for registration, it was stated that applicant's use of the name «Tabasco» had been exclusive, whereas the testimony showed that several other manufacturers, during the preceding ten years, had, to its knowledge, used the word in connection with pepper sauce.
In the application, Dasuki is praying for an order of court prohibiting the Federal Government from further prosecuting him on the N19 billion alleged fraud or any other charge or seeking any form of indulgence before any court in the country, until the order admitting him to bail is obeyed.
On the other hand, Yanping's counsel, Chinedu Eze, told the court that he had a pending bail application praying the court to admit the defendant to bail.
Oyedepo also told the court to refuse the bail applications of all the other accused persons based on the severity of the proof of evidence before it.
«An ex parte application has no respondent and the court is not expected to hear from the other party.
The Republican prosecutor said that the information from the autopsy that determined Mr. Garner's death — following the application of an apparent chokehold by Officer Daniel Pantaleo last month — was a homicide, compelled his decision to impanel 23 civilians to hear evidence and vote on whether Mr. Pantaleo or any of the other cops who brought him to the ground will be tried in court.
(4) The independent panel shall report as approved for each judicial position all highly qualified persons who make application to the panel, provided that if the number of highly qualified applicants exceeds three times the number of existing vacancies to be filled in such position (determined as of the time the panel renders its report), the independent panel shall report as approved the most highly qualified applicants in a number equal to three times the number of vacancies to be filled in such position, provided further that if the number of highly qualified applicants is less than three times the number of vacancies to be filled in such position the independent panel shall report as approved the most highly qualified applicants in a number equal to not less than two times the number of such vacancies, provided further that the following categories of applicants who are eligible for reelection or reappointment shall be reported as approved if their performance during their term of office merits continuation in office, and no other applicants shall be reported as approved for their vacancies: (a) a judge or justice completing a full term of office seeking re-election to that office, or (b) an interim Supreme Court justice who has been appointed by the Governor to fill an existing vacancy no later than the previous June 1 after approval of the Governor's screening panel, who has been confirmed by the State Senate and has assumed office no later than the date the panel renders its report, and who otherwise would not be required to make application to the independent screening panel pursuant to the provisions of sub-paragraph (3).
(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.
The other four Justices of the Supreme Court including the Rawlings - appointed William Atuguba JSC, upheld the instant application of Zanetor Agyeman — Rawlings saying the high court judge had wrongfully assumed jurisdiction to interpret Article 94 (1) of the 1992 constitution which amounted to a usurpation of the powers of the Supreme CCourt including the Rawlings - appointed William Atuguba JSC, upheld the instant application of Zanetor Agyeman — Rawlings saying the high court judge had wrongfully assumed jurisdiction to interpret Article 94 (1) of the 1992 constitution which amounted to a usurpation of the powers of the Supreme Ccourt judge had wrongfully assumed jurisdiction to interpret Article 94 (1) of the 1992 constitution which amounted to a usurpation of the powers of the Supreme CourtCourt.
The proceedings was stalled as the operatives of the Department of State Service could not produce the ex-NSA in court on time and the need for the other co-defendants to respond to an application by Dasuki to stop the trial.
- Article 206.5 about the mechanisms of evening economic contributions through the taxes, the Constitutional Court clarifies that it will only be argued when the change of the Catalonia situation was due to the strict application of the evening mechanisms and not to other causes.
NIU attorney's review search warrants to be presented to the courts of this county, and document that probable cause exists for the application for the warrant and that the target location, person, vehicle, etc. is entered into a law enforcement database called Unified Drug Enforcement Coordination System (UDECS) to prevent infringing on other agencies» investigations, and to enhance officer safety.
Counsel to the first defendant, Samuel Zibiri, SAN, on the other hand, told the court that, he had a pending bail application dated March 2, 2016 and filed March 3, 2016.
Meanwhile, Justice Festus Ntong of Akwa Ibom State High Court sitting in Ikot Ekpene has declined an application to stop ICPC or any other federal anti-corruption agency from investigating allegations of corruption involving the finances of the Government of Akwa Ibom State.
But the Supreme Court, in making a determination on a similar application filed by Woyome for stay of proceedings pending the final outcome of the case before the African Court, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it can not be compelled to halt the ongoing proceedCourt, in making a determination on a similar application filed by Woyome for stay of proceedings pending the final outcome of the case before the African Court, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it can not be compelled to halt the ongoing proceedCourt, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it can not be compelled to halt the ongoing proceedcourt, and so it can not be compelled to halt the ongoing proceedings.
«Dominic Ayine, the Deputy Minister for Justice who represented the Government in the Supreme Court and opposed my application, and others, went public with the electronic and print media to mount unconstitutional and contumacious attacks and insults on the Court decision and on my person for daring to access the Court
«The interim order was made based on an ex-parte application filed by the Economic and Financial Crimes Commission; an ex-parte application has no respondent and the court is not expected to hear from the other party.
Other defence lawyers — Messrs Felix Abiodun (who was later led by Mr. Solomon Umoh, SAN, before the court adjourned), O.I Arase and A.O Ayodele — also said they had no objection to the application for adjournment.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.
(a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.
However the UK's highest court, the Supreme Court, refused Thomson's application to appeal an earlier judgment against it in October 2014, meaning the six - year rule stands in English and Welsh courts (others may also use the same princicourt, the Supreme Court, refused Thomson's application to appeal an earlier judgment against it in October 2014, meaning the six - year rule stands in English and Welsh courts (others may also use the same princiCourt, refused Thomson's application to appeal an earlier judgment against it in October 2014, meaning the six - year rule stands in English and Welsh courts (others may also use the same principle).
In addition to tracking activity with the three major rating agencies, identity monitoring will also inform you whenever your information shows up in a number of other places, like change of address requests, court or arrest records, payday loan applications, social media and websites on the dark web that are known to trade in stolen information.
Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.
To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTo the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTo the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).
«The parties to the arbitration agreement are enjoined from making any emergency applications concerning the management of the hotel in any forum other than the ICC or the courts of New York,» he wrote — jurisdictions in which the matter has already been contested, including the International Chamber of Commerce.
A divided three - judge panel of the court eviscerated the critical «Safe Alternatives» program that Congress adopted in the 1990 Clean Air Act to ensure the health and environmental safety of chemicals that replace chlorofluorocarbons (CFCs) and other ozone - depleting chemicals in air conditioning, refrigeration, and many other applications.
«Once the system is implemented, all filings at the Court — petitions and responses to petitions, merits briefs, and all other types of motions and applications — will be available to the legal community and the public without cost on the Court's website,» he said.
The other party will most likely object to them being used in the court case and a separate application will have to be made for the recordings to be admitted into the evidence.
As Laurens Ankersmit has argued with regard to Investor - state dispute settlement, «the ECJ particularly objects to the establishment of other courts for claims by individuals where questions of EU law are involved, since this is so central to the preliminary reference procedure and the uniform and consistent interpretation and application of EU law».
The Court also considered that «while the objective of that regulation is to complete the internal aviation market, the EU legislature considered that the achievement of that objective could also be thwarted by restrictions applied to air routes with third countries» (para 50) and that various references in the Regulation itself and in other secondary rules concerned the application of EU rules to air transport services from and to third countries (paras 50 - 52).
The public interest, and the interests of others who wish to uphold the legality of the action of the public body, comes into play when the court looks at the strength of the case needed to support an application for interim relief.
Moreover, the clear severance of ESM from Article 136 (3) TFEU, and thus any roots in EU law, appears specious in light of the remainder of the judgment, which upholds the role of the EU institutions (including the Court) in the ESM and points to the importance of (Commission administered) conditionality on the one hand, while on the other, the application of the Charter of Fundamental Rights is excluded because the ESM is not within the scope of EU law.
The BC Court of Appeal went on to hold that applications for out of Province examinations with «other qualified persons» (ie - experts other than medical practitioners), can be ordered in rare circumstances.
Administrative appeals ask a court or other reviewing body to overturn, alter, or delay the legal effect of an underlying administrative decision, such as the decision of a local zoning or planning authority, the decision of a state environmental agency on a permit application, or an administrative agency's enforcement order alleging a regulatory violation.
All well and good, and I expect that when solicitors are dealing with a situation where one or other spouse is living in another country (France, the USA, the UAE...) they are well aware of the potential jurisdiction conflict and act accordingly by ensuring that they have raised proceedings in the English Courts and so claimed jurisdiction before alerting the other spouse to the imminent Court application.
Under the current system, if one of the party's contests the other's application for financial remedy, all of the divorce proceedings are transferred to a local court.
It is compulsory to attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the court for a financial order or an order relating to children, unless it is an emergency or other limited circumstance.
The Court also clarified the use of the term «financial assistance» in Article 4 (3)(b) of Regulation No 833/2014, to exclude processing of payments by a bank or other financial institution, and the application of the prohibition on the issuance of global depositary receipts representing shares issued by one of the sanctioned entities before 12 September 2014.
The Supreme Court of Canada mailing list service notifies subscribers of the release of judgments, bulletins, applications for leave and other updates to the SCC website.
With respect to issue number two, that the application judge erred in finding that an insurer was obligated to pay all expenses outlined in the Form 1, the Court agreed that with previous FSCO decisions that held that an insurer is permitted to request information to verify that an economic loss had been sustained by a family member providing care or other information or that the services provided were reasonable and necessary and found that the application judge did not rule in the contrary.
[2014] EWHC 3704 (Comm) The Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to enforce an arbitration award against, among others, non-parties to -LSB-...]
The Ontario Court of Appeal has consistently held that the insured is «entitled to a defence... at no cost to them».2 In other words, an insured is «entitled to be made financially whole» for legal costs incurred in securing a defence under the policy.3 This broad principle has not only been used to indemnify insureds for their past defence costs, but also the future defence costs of counsel of their choice, the costs of the coverage application and the costs of any subsequent appeal.4 This principle of full indemnity is based, not in the law of costs, but in the law of contract.
To begin the divorce process (or other family court proceeding), the Applicant (person seeking a divorce) will complete an Application (Form 8) naming the other spouse as Respondent.
You acknowledge and agree that this terms of service agreement shall be governed by and construed in accordance with the internal laws of the State of Missouri, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Missouri.
«(1) On an application for relief from any sanction imposed for a failure to comply with any rule... the court will consider all the circumstances including --(a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.
a b c d e f g h i j k l m n o p q r s t u v w x y z