Sentences with phrase «parties to proceedings before»

Those referred to in Article 23 of this Statute and, in the cases provided for in Article 256 (2) of the EC Treaty, the parties to the proceedings before the General Court shall be entitled to lodge statements or written observations with the Court of Justice relating to questions which are subject to review within a period prescribed for that purpose.

Some provincial tribunals, such as the Ontario Energy Board, offer parties to proceedings before them comprehensive e-filing services.

(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

The majority of the FCA concluded that tribunals are not required to determine the adequacy of Crown consultation where the Crown is not the proponent or a party to the proceedings before the tribunal.

a Judge may, on application by a person who would be a party to the proceedings before the Registrar in relation to the proposed exercise of the power, order that the power be exercised in that case by a Judge.

Not exact matches

Justice Tsoho then struck out the interested parties» motion for stay of proceedings filed before him to give room for the appeal court to decide on the similar one before it.

It shall be a routine use of records in this system to disclose them in proceedings before any court or adjudicative or administrative body before which DOT or any agency thereof, appears, when (a) DOT, or any agency thereof, or (b) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her official capacity, or (c) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her individual capacity where DOT has agreed to represent the employee, or (d) The United States or any agency thereof, where DOT determines that the proceeding is likely to affect the United States, is a party to the proceeding or has an interest in such proceeding, and DOT determines that use of such records is relevant and necessary in the proceeding, provided, however, that in each case, DOT determines that disclosure of the records in the proceeding is a use of the information contained in the records that is compatible with the purpose for which the records were collected.

Costs sanctions have worked effectively in reinforcing and ensuring that parties engage in a constructive manner to exchange information and consider ADR and settlement before proceedings.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

While this does not apply where there is domestic violence, if parties do not undertake this step the court may order them to do so before proceedings can continue.

The initially promised affordability of the «unitary patent» and Unified Patent Court (UPC) especially for small and medium - sized enterprises (SMEs), which was repeated almost mantra - like throughout the EU legislative proceedings as one reason why the reform was of utmost importance, ultimately turned out to be pretty much the opposite, with the level of representation costs to be reimbursed by the losing to the winning party amounting to up to more than five times the sum which can currently be claimed in patent litigation proceedings before the German courts (for more details on the cost situation created by the reform, cf. the article «Unitary patent and court system — A poisoned gift for SMEs» here).

CPR 36.3 (2)(a) is intended to make the whole Part 36 regime available to parties before proceedings are commenced, and for offers to have the anticipated costs consequences if proceedings are issued.

The issue before the court was whether disclosure of the identity of a father's accuser (X) and the substance of her allegations against him should be given to the parties; and whether X should be required to give evidence in those proceedings.

If you commence defamation proceedings in the RCJ or Manchester before 1 April 2013 you will be governed by the PD 51D costs management scheme which is more relaxed about allowing the receiving party to depart from his budget than under the new budgeting regime.

A Pre-Action Disclosure Application, known as a «PAD», is used when one party, usually a Claimant, isn't certain that they should issue court proceedings and usually needs to see the Defendant's information before deciding what their next move will be.

The goalposts have moved in that parties are now expected to try to negotiate before starting proceedings, rather than during them.

Likewise, if the parties are required under the contract to discuss the issues in dispute (by, for example, a series of escalating meetings concluding with a meeting of Managing Directors) before proceedings can be issued, then there is perhaps a greater chance that the matter will be resolved without the need for the Court to be involved.

Parties are of course entitled to explore ADR at any time but there may be a benefit in considering a dispute resolution clause which requires the parties to either resolve specific issues by ADR or at least attempt ADR before commencing proceParties are of course entitled to explore ADR at any time but there may be a benefit in considering a dispute resolution clause which requires the parties to either resolve specific issues by ADR or at least attempt ADR before commencing proceparties to either resolve specific issues by ADR or at least attempt ADR before commencing proceedings.

Innospec was not a party to the proceedings and had not sought to deploy any document before the court.

This applies both where that advice is limited in time, eg until after a criminal defence statement has been filed and served and, worse still, the advice is given not to make such a response at all; • (f) the date on which a party to care proceedings is to file and serve a criminal defence statement in linked criminal proceedings is wholly irrelevant to the court's determination of the date on which that party should file and serve a response to threshold and / or to file and serve a narrative statement in the care proceedings; • (g) the mere fact that a party is ordered to file and serve a response to threshold and / or to file and serve a narrative statement before the date a criminal defence statement is to be filed and served in criminal proceedings is not a ground for failing to comply with the former order; • (h) it [is not] a ground for an application to extend the time for compliance with an order to file and serve a response to threshold and / or to file and serve a narrative statement until a date after the criminal defence statement has been filed and served; and • (i) any issue about alleged prejudice to a defendant in criminal proceedings based on him being required to file and serve a response to threshold and / or to file and serve a narrative statement before the date of a criminal defence statement is to be filed and served, or at all, only arises and is only potentially relevant if and when an application is made by the police and / or a co-accused for statements and documents filed in the family proceedings to be disclosed into linked criminal proceedings [see Re C (A Minor)(Care Proceedings: Disclosure)[1997] Fam 76, [1997] 2 WLR 322, sub nom Re EC (Disclosure of Material)[1996] 2 FLR 725, CA].

Proposed changes would also mean that the period of one year's separation required by current legislation, before proceedings on that ground can be commenced, should not preclude, as it currently does, the parties spending even one night together in an effort to explore reconciliation.

Both parties in a dispute are supposed to at least consider mediation before commencing proceedings, but they can circumvent the Pre-Action Protocol for Construction and Engineering Disputes by mutual agreement and routinely do so.

At this point, before or after the first hearing, the legal proceedings are often adjourned to give the parties an opportunity to resolve their differences.

When a company under investigation is also involved in ongoing civil proceedings (before a court or an arbitral tribunal) that relate to the conduct under investigation, a party or the government may seek to stay those proceedings pending the outcome of the investigation.

The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or upon application of a party, to reopen the proceedings at any time before the award is made.

An award may be made public with the consent of all parties or where and to the extent disclosure is required of a party by legal duty, to protect or pursue a legal right or in relation to legal proceedings before a court or other competent authority.

If we consider this issue in the context of the TransMountain pipeline proceedings, we should ask Alberta to explain how its participation will assist the Court in addressing the issues before it and not blindly assume its participation will not be duplicative of existing parties or otherwise constructive — in other words, hold Alberta to the same standard which was asked of the Tsartlip First Nation in this case.

Because the institution decision comes at the outset of the proceedings and the patentee is not obligated to respond before the Board makes its institution decision, it is hardly surprising that the Board can not predict all the legal or factual questions that the parties may raise during the litigation.

The main thing to note is that the parties involved must have been in a Civil Partnership for at least 12 months before proceedings are able to commence.

Parties who have a potential claim against Nakheel or one of its subsidiaries, where there is no binding arbitration agreement, need to consider whether or not to issue proceedings in the Special Tribunal before Nakheel is carved out from Dubai World.

The judge found that for the purpose of a claim to litigation privilege where criminal proceedings are said to have been contemplated, the party claiming privilege must have uncovered evidence of wrongdoing (so as to reasonably contemplate prosecution, rather than an investigation) before proceedings could be said to be in reasonable contemplation.

In addition, the Competition Act 1998 (as amended) provides that findings of fact made by the CMA during the course of an investigation (which have not been appealed, or which have been confirmed on appeal) which are relevant to an issue arising in certain competition law proceedings before the High Court (or the CAT) are binding on the parties to those proceedings, unless the court (or the CAT) orders otherwise.

As regards costs, the general rule in proceedings before the English courts is that the unsuccessful party will be ordered to pay the costs of the successful party.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.

Where a company subject to investigation is also involved in ongoing civil proceedings (before the courts or an arbitral tribunal) that relate to the conduct under investigation, the parties may seek to stay those proceedings pending the outcome of the investigation.

Where proceedings relating to divorce, legal separation or marriage annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

Family Code section 271, which we have explored many times before, is a statutory provision that allows family judges to sanction parties or litigants in family law proceedings where they fail to promote settlement or fail to cooperate so as to drive up costs.

a) recognition and enforcement of the decision is manifestly incompatible with the public policy («ordre public») of the State addressed; b) the decision was obtained by fraud in connection with a matter of procedure; c) proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted; d) the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed; e) in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin -

This is before the claimant can issue proceedings; Subject only to any delay caused by completion of the medical evidence the whole process can be concluded in two to three months; There will be a presumption of a paper hearing by the district judge if the claim can not be resolved between the parties using modified Pt 8 type proceedings; There will be fixed interim payments if the claim does not settle promptly; Contributory negligence arguments around seatbelt issues are to be determined by fixed deductions from damages.

In addition, our extensive representation of parties in interference proceedings which are procedurally nearly identical to the new AIA post grant proceedings, provides the experience necessary to strategically navigate the new post grant legal proceedings before the Patent Trial and Appeal Board (PTAB).

(ii) the findings of Consob Sanction Office (as described in its conclusions to the Board) may be administratively challenged by the investigated party before Consob Board in the second stage of Consob's sanctioning proceedings (see points (v) and (vi) of answer 12); and

The right not to produce in the framework of administrative proceedings is specifically provided for by article 13 (1 bis) APA pursuant to which the obligation to cooperate with the investigating authority does not extend to the handover of items and documents used in communications between a party and his or her lawyer provided the lawyer is entitled to represent clients before the Swiss courts in accordance with FAFMA.

The parties involved will now resume the proceedings before the trial judge to resolve all the other outstanding issues.

Though attorneys are not able to go to court in an adversarial capacity following their participation in Collaborative Practice proceedings, they can help the parties file the divorce and often appear before the judge on their behalf when the matter is resolved to assist the clients in finalizing.

no order is to be made requiring the parties to attend before a Federal Court Registrar for a conference with a view to satisfy the registrar that all reasonable steps to achieve a negotiated outcome of the proceedings have been taken.

(a) the person brought the proceedings before the court in relation to the current contravention or is otherwise a party to those proceedings; and

(b) the person does not, before applying for the order, attend family dispute resolution with a family dispute resolution practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with; and

If, before commencement, parties to proceedings attended a conference with a family and child counsellor or a welfare officer to discuss the matter to which the proceedings relate, the attendance at that conference is taken to satisfy the requirement in subsection 65F (2) of the Family Law Act 1975 (as amended by this Schedule) to attend a conference with a family counsellor.

(b) none of the parties to the proceedings on the application has applied, before 1 July 2007, for a Part VII order in relation to the child.

(b) in any proceedings before a person authorised by a law of the Commonwealth, of a State or of a Territory, or by the consent of the parties, to hear evidence.