[2] There is no question that the Defendants are entitled to their costs being the successful
parties on all issues raised in this proceeding.
The Respondent claimed the trial judge erred by failing to allot 50 % of the trial to the Indian asset issues; by relying on an affidavit of an employee of the Appellant's counsel in finding that the Appellant had made proper disclosure, without allowing the Respondent an opportunity to contradict it; by failing to order the Appellant to pay child and spousal support; and by failing to properly allot the time taken up by
each party on the issues raised at trial and their respective success on those issues.
Not exact matches
As to the question of when he and his
party will develop a broad and substantive legislative platform to tackle the critical challenges America faces, McConnell has a ready answer as well: «If we're in the majority,» he says, «we'll be sitting down, intensely, a year from now
on the very
issue you've
raised.»
On this
issue among others — like funding the government,
raising the federal borrowing limit and financing highways — such business groups have found themselves at odds with traditional Republican allies who increasingly reflect a new populist strain of conservatism in the
party that is often hostile toward big business.
Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to
raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance
on third
parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation
issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report
on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
«Yes, tuition fees continues to be
raised as an
issue on the doorsteps, maybe encouraged by the Labour
Party,» concedes Cable.
The
party is now clinging to straws and would not hesitate to jump
on the pettiest of
issues to
raise hell.
Secondly, and more seriously, carefully selected
issues and campaigns
on which the
party can claim little victories —
raising the age of criminal responsibility, more cash for early years, owning the
issue of mental health provision.
The Lobbying Act has been widely criticised for the chilling effect it is having
on the lawful
raising of
issues by third
party campaigners which legitimately require airing at election time.
If he is not prepared to put his career
on the line by only voting slavishly in line with the whip then there can not be any complaints about his lack of credibility when it comes to
raising issues regarding his
party's policy failures.
And then there's the constant politicking and fund -
raising for their initial campaign, second campaign, for others in the
party... and now they're going to go through that miserable, degrading experience of begging for cash and rubbing up against the masses and
issuing lame platitudes (though
on a lesser scale)....
That development
raised issues about her eligibility as a voter, since the
party's Greater Accra regional chairman, Ade Coker, said the non-existence of one's name
on the register meant that person was not a registered voter since, according to him, the source of the NDC's register of voters was the national register of the Electoral Commission.
But today the committee said the
issues raised at the meeting were focused
on the challenge of
raising funds for political
parties in an era of declining membership, and whether there should be tighter limits
on party spending.
Politically,
on all fronts, Cuomo is very much in the driver's seat right now - see examples, Working Families
Party, Tom DiNapoli, etc. - and other insiders have said there is concern that if
issues aren't
raised now, the time will have passed.
Mr. Cuomo has historically been a more moderate Democrat than the mayor, especially
on fiscal
issues, but he's
raised the minimum wage in the past and over the last year he has heavily leaned into the $ 15 movement, a major priority of the progressive wing of the Democratic
party that he has locally named for his late father, Gov. Mario Cuomo.
Founded in 1998, Working Families
Party has focused on Democrats and this «enabled it to accumulate surprising influence over Democratic officials, yanking them left on economic issues like the minimum wage, which the party was instrumental in helping to raise in New York State, in exchange for its support.&r
Party has focused
on Democrats and this «enabled it to accumulate surprising influence over Democratic officials, yanking them left
on economic
issues like the minimum wage, which the
party was instrumental in helping to raise in New York State, in exchange for its support.&r
party was instrumental in helping to
raise in New York State, in exchange for its support.»
'' It should be recalled that these were among the
issues that I
raised when I visited Governor Rauf Aregbesola of Osun State a few months ago
on the need to work together beyond
party affiliations.
Also, the Senior Special Assistant to the President
on Media and Publicity, Garba Shehu, in an interview with one of our correspondents said the leadership of the ruling
party was already addressing the
issues raised by the aggrieved
party chiefs.
Arising from the
issues outlined above, among others, we request for an urgent meeting with the Leader of the
party, and the Party Executive leadership to find lasting solutions to the issues raised so as to prepare the party as a fighting force to deliver more pungently on its manifesto and face the 2019 General Elections with even greater commit
party, and the
Party Executive leadership to find lasting solutions to the issues raised so as to prepare the party as a fighting force to deliver more pungently on its manifesto and face the 2019 General Elections with even greater commit
Party Executive leadership to find lasting solutions to the
issues raised so as to prepare the
party as a fighting force to deliver more pungently on its manifesto and face the 2019 General Elections with even greater commit
party as a fighting force to deliver more pungently
on its manifesto and face the 2019 General Elections with even greater commitment.
Saraki's position which was made known
on Wednesday followed a Point of Order
raised by the Peoples Democratic
Party (PDP) Senator, representing Abia South Senatorial District, Sen. Eyinnaya Abaribe, who craved the Senate to address the
issue of the missing budget, which dominated the traditional and social media space since yesterday.
David Cameron
raised the subject at PMQs
on Wednesday when he demanded an urgent meeting of the
party leaders so thrash out ideas for reform and he tries to further seize the initiative
on the
issue with an article in today's Mail
on Sunday.
Mr. Cuomo also struck a deal last summer with the Working Families
Party, long a potent attack force for unions
on fiscal
issues, to appear
on their ballot line in exchange for their pledge to support his agenda, including his promise not to
raise or impose new taxes.
The shadow Northern Ireland secretary, Owen Smith, one of the Labour MPs
on the committee, condemned the vote, and said the
party planned to
raise the
issue in the Commons
on Wednesday.
The Senate GOP majority resolution
issued on March 15 shows that, while the
party is considering acting
on Raise the Age, they're taking a much more nuanced tack than the Assembly Democrats.
The aggrieved
party members went
on to request an urgent meeting with President Muhammadu Buhari and the
party executive leadership to find lasting solutions to the
issues raised.
In other words, it feels to me like there's some sort of distorted feedback loop, wherein candidates don't
raise environmental
issues because they think they may be controversial and divisive (though, as McCain or my dad's generation of Republicans show, the planet obviously crosses
party lines), and the public doesn't
raise climate
issues enough because it apparently isn't
on the political menu, like religion at dinner
parties, but that doesn't mean we don't believe (in climate change or the need for our change).
Mariano argues that a «fiscally conservative, socially liberal, and ecologically conscious» version of the Tea
Party could address
issues not
raised by the current crop of conservative and libertarian activists... in a manner that aligns with a focus
on limited government intrusion into the market.
Although there is growing acceptance that the
issues issue being debated in Copenhagen must be understood as
raising profound moral and ethical
issues, it is clear that some
parties continue to base their decisions
on national economic interest.
The SBSTA will report at its twenty - seventh session
on these
issues raised by
Parties in their submissions that were discussed at the previous sessions, including any recommendations.
Here are just a few thoughts
on some of the
issues raised by third
party funding in commercial arbitration and how to deal with them.
This test is identical to that applied
on an application under Rule 9 - 5 (1)(a) and, as a result, it has been held that a Third
Party Notice should only be set aside if there is no serious question or
issue to be determined, the question or
issue raised by the Third
Party Notice is not substantially the same as a question or
issue in the original action or the question or
issue should not properly be determined in the original action: Northmark Mechanical Systems Inc. v. King (Estate), [2009] B.C.J. No. 1812, 2009 BCSC 1237.
Thus, if an appellate court is presented with an
issue that was
raised for the first time
on appeal, the
party making the argument should be prepared to explain why the argument was not presented below.
In addition, a
party could decide not to object to something, hoping for a favorable outcome and planning to
raise the
issue on appeal in the event of an unfavorable outcome.
The civil tribunal in charge of patent enforcement actions shall review and make a decision
on the patent validity
issue if the defendant
raises challenges therefor; however, the civil court's decision
on the patent validity will only have binding effect between the concerned
parties to the litigation.
While these factors may ultimately derail the enforcement action in Ontario, it was premature to order a stay at this juncture, given that no
party raised the
issue of a discretionary stay, there were no arguments
on the question of a stay, and the devastating consequences such a stay would have
on the plaintiffs.
Confidential LCIA arbitration (2010): multi-million dollar dispute
raising issues as to the ability of a
party to rely
on an entire agreement clause where the conduct of that
party gives rise to an estoppel and / or waiver.
Thus, while it is reasonable to use the collateral attack doctrine to preclude a later attack
on issues directly related to the particular regulatory decision (e.g. the consultation
issues in this matter), the doctrine surely can not be used to require a
party to
raise issues «upstream» of the regulatory matter in question (
on the language of upstream in this context see Skeetchestn et al v Registrar of Land Titles, 2000 BCSC 118, aff'd 2000 BCCA 525).
He represented The Sudan People's Liberation Movement / Army in the historic Abyei arbitration (more information
on Abyei arbitration), Eritrea in an ad hoc arbitration against Yemen, private
parties in controversies under various bilateral investment treaties, and a major foundation in an ad hoc arbitration against a European state
raising novel
issues of public international law.
On 15 June 2017 the Supreme Court
issued a judgement in a matter which the Court described as «
raising very important questions in relation to the taxation of a
party's costs in litigation».
While it would be helpful to have the Court of Appeal's conclusions
on some of the interesting
issues that the
parties raised, ultimately, the Court of Appeal wisely decided not to do more than necessary and wait until a case came before it with a proper record to decide these matters.
There are two practice points to take note of from this decision: (1) even though it is not in the Rules, the Divisional Court has an «administrative practice» that counsel should be aware of that requires leave to file a reply factum, and (2) when a
party is drafting their factum, they need to anticipate what the other side might say in response - unless it is a completely «new»
issue raised in response, a moving
party on a leave to appeal motion will not be able to respond to the particular arguments made by the other side.
The average time to settle a personal injury case also depends
on things such as the severity of your injuries, the number of
parties in the accident, and the complexity of the legal
issues raised by your case.
Jeremy has also sat
on a number of Tribunals for the Conservative
Party to deal with internal matters which principally
raise public law or administrative law
issues.
LCIA arbitration (confidential)(2010): multi-million dollar dispute
raising issues as to the ability of a
party to rely
on an entire agreement clause where the conduct of that
party gives rise to an estoppel and / or waiver.
There is no specific regulation prohibiting arbitrators from
raising relevant
issues with the
parties and rule
on different legal basis than the original claim, but in practice it is rather uncommon.
The test, as the majority judgment and the dissent agree is that there must be enough evidence in the file to allow the appellate court to rule
on the new
issue, and the failure to
raise it at first instance can not be the result of a strategic choice by the
party that seeks to
raise it
on appeal.
In 2008, U.S. District Judge Karen Caldwell also threw out the Kentucky Judicial Conduct Commission's rule against judicial candidates identifying themselves by
party and
raising money, but she upheld a ban
on judicial candidates taking stands
on specific
issues.
Even an independent reference to the
issue should not appear in any appellate reasons, although an innocuous comment by the court indicating that the
issue of sentence was not
raised by either
parties on appeal, may be appropriate.
Normally, a common law court decides a case brought before it
on the
issues raised by the
parties.
Generally speaking, a
party can not
raise on appeal an
issue that he or she failed to
raise at fist instance.