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 law
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 law
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 law
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 law
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 law
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 law
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 law
to attack
other systems or
to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable law
to gain unauthorized access
to any other system, to engage in spamming or otherwise to violate applicable law
to any
other system,
to engage in spamming or otherwise to violate applicable law
to engage in spamming or otherwise
to violate applicable law
to 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 C
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 C
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
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 proceed
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 proceed
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 proceed
court, 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 princi
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 princi
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 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 York
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 York
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 York
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 York
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 York
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 York
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 York
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 York
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 York
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 York
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 York
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 York
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 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.