Sentences with phrase «parties to the proceedings at»

the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings at the time the court is seised and is in the best interests of the child.

(b) the jurisdiction of the courts has been accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings at the time the court is seised and is in the best interests of the child.

(They must be parties to the proceedings at the time of the agreement).

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition from other media alternatives; changes in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance on revenue from printing and distributing third - party publications; changes in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success in implementing expense mitigation efforts; the Company's reliance on third - party vendors for various services; adverse results from litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy pension and other postretirement employee benefit obligations; changes in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and judicial rulings; the Company's indebtedness and ability to comply with debt covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and in the amounts needed and on acceptable terms; and other events beyond the Company's control that may result in unexpected adverse operating results.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

(CNN)-- An anti-abortion Republican congressman from Tennessee, first elected in 2010 with support from tea party activists, testified at divorce proceedings in 2001 that he and his wife mutually agreed on her getting two abortions, according to court transcripts released to CNN Friday.

Under the rules, parties are not allowed to approach the appellate court, except under the special circumstance that the record of proceedings at the court below had been compiled and transmitted by its registry.

The discovery of William Baah's deep involvement with the NPP comes at a time when members of Delta Force, a goon squad of the ruling party, had overthrown court proceedings and freed members of their group facing trial with the state going through the motions to sweep the case under the carpet.

At the request of either party or of the Hearing Committee, a representative of a responsible educational or other association shall be permitted to attend the proceedings as an observer.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

Risks and uncertainties include without limitation the effect of competitive and economic factors, and the Company's reaction to those factors, on consumer and business buying decisions with respect to the Company's products; continued competitive pressures in the marketplace; the ability of the Company to deliver to the marketplace and stimulate customer demand for new programs, products, and technological innovations on a timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and / or increases in component costs could have on the Company's gross margin; the inventory risk associated with the Company's need to order or commit to order product components in advance of customer orders; the continued availability on acceptable terms, or at all, of certain components and services essential to the Company's business currently obtained by the Company from sole or limited sources; the effect that the Company's dependency on manufacturing and logistics services provided by third parties may have on the quality, quantity or cost of products manufactured or services rendered; risks associated with the Company's international operations; the Company's reliance on third - party intellectual property and digital content; the potential impact of a finding that the Company has infringed on the intellectual property rights of others; the Company's dependency on the performance of distributors, carriers and other resellers of the Company's products; the effect that product and service quality problems could have on the Company's sales and operating profits; the continued service and availability of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances that could disrupt supply, delivery, or demand of products; and unfavorable results of other legal proceedings.

Key factors the study looked at in assigning grades were whether state law mandates the appointment of attorneys for children in dependency proceedings; whether these attorneys represent the children in a client - directed manner; whether the representation continues throughout the case, including appeal; whether states provide attorneys with specialized training; whether the child is given the legal status of a party to the proceedings; and whether rules pertaining to confidentiality and immunity from liability apply to attorneys representing these children.

And anyone tempted to proceed by the McCartney route should be aware of a final caveat: that a party can at any time up to decree nisi withdraw their consent, whereupon the s 1 (2)(d) proceedings are stayed (Family Proceedings Rules 1991 r 2.10).

Not only does it make giving advice difficult, but it inevitably leads to a system whereby clients who wish to maximise their possible benefit from the proceedings position themselves at one end of the spectrum of likely results, while the other party gravitates towards the other end of the spectrum.

In Chrome Resources S.A. v. Leopold Lazarus Ltd., the Swiss Federal Tribunal rejected a challenge that the arbitral tribunal had consulted an expert in the absence of the parties, finding that the party's attempt to raise this objection at the enforcement stage was in bad faith and constituted an abuse of rights.920 Courts in England, 921 Germany, 922 Greece, 923 and the United States924 have similarly barred a party from asserting any defect of the arbitral procedure at a later stage if it had the opportunity to raise a reservation in a timely manner during the arbitral proceedings.

The same result has been reached in cases where the party opposing enforcement has alleged that the arbitral procedure was irregular, but at the same time chose not to participate in the proceedings.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

The attorneys at ADLI Law Group have deep experience in assisting parties affected by bankruptcy cases domestically and internationally to maximize asset recovery, prosecute or defend issues in adversary proceedings, restructure financing and limit liabilities.

The court is to have regard to all the circumstances of the case including: the withdrawal grounds relied on and whether or not new evidence has come to light which was not available when the admission was made; the conduct of the parties including any conduct which led to the admission being made, any prejudice that may be caused if the admission is withdrawn and if withdrawal is refused, the stage in the proceedings at which the application to withdraw is made, in particular in relation to the trial date; the prospects of success (if withdrawal) for the claimant; and the interests of the administration of justice.

In so far as a case is retained at the DFC, the parties and (if they are lucky enough to have them) their legal representatives, may be cursing as they find themselves trekking some distance away instead of to their beloved deceased county court or family proceedings court close to their doorstep.

At the same time the Judges were allegedly concealing these payments and financial ties, it is alleged the Judges took discretionary actions in a number of matters involving the juvenile detention facilities without recusing themselves from those matters and without disclosing to parties involved in the proceedings their conflict of interest.

Part 1 in this series looked at children's rights to be parties to family proceedings (see «Child's play (Pt 1)», NLJ, 28 April, p 10).

Justice Pazaratz proceeds to illustrate how both parties in this protracted and pointless family law dispute were represented through legal aid at enormous expense, not just to the legal aid system, but the justice system forced to preside over the proceedings,

While we remain sceptical that the notes will truly «assist ODR administrators, ODR platforms, neutrals, and the parties to ODR proceedings», there is no doubt that an UNCITRAL endorsement of ODR will help foster is development or, at the very least, won't hinder it.

Where allegations are made against the non-party at trial, consider joining the non-party as a party to the original proceedings to give him the opportunity to defend himself.

In proceedings to which the European Union is a co-respondent, if the Court of Justice of the European Union has not yet assessed the compatibility with the Convention rights at issue of the provision of European Union law as under paragraph 2 of this Article, sufficient time shall be afforded for the Court of Justice of the European Union to make such an assessment, and thereafter for the parties to make observations to the Court.

The doctrine of res judicata prevents a party who failed to participate in divorce proceedings and did not appeal the award of spousal maintenance in a default decree from being granted a modification based on facts that could have been raised at the hearing.

The first is for the parties to start judicial separation proceedings, which involves a similar court process to a divorce but, at the end of that process they will not be divorced but rather judicially separated.

But if the party Dr. Foda was seeking to add in the Alberta case — a Donna Canart, Surgical Clinic Coordinator at Leduc Community Hospital — is the same person identified in the California proceedings, this evidence may now be available.

His lordship added that there was no reason of principle which compelled the court to require parties who entered into CFAs to address at the outset the risk of costs proceedings separately, and there were clear reasons of policy for the court not to require that.

It was hoped that by giving parties access to witness evidence at an earlier stage in the proceedings, the parties would have a clearer view of the case and be encouraged to settle or apply for summary judgment.

Funding for private family law cases is generally only available where the applicant for legal aid can show that they are a victim of domestic abuse, or where they can show that the aim of the proceedings is to protect a child at risk of abuse from a third party (such applications are in scope because of Paras 12 and 13 of Part 1 Schedule 1 of LASPO; see also Chapter 6 of the Handbook).

Whether your case involves obtaining benefits for a denied workers comp claim, helping you obtain medical treatment, negotiating a fair and equitable settlement for your on - the - job injury, or even pursing a claim against a third party who caused and / or contributed to your workplace injury, the Columbia, workers compensation lawyers at the Strom Law Firm, LLC represent injured workers at all stages of the SC workers compensation claims process, including initial hearings and appellate proceedings.

In proceedings for nullity of marriage on the ground that the marriage is void or voidable, the court may, nonetheless, grant the relief sought where both parties to a marriage reside in Singapore at the time of the commencement of the proceedings.

Singapore courts shall have jurisdiction to hear proceedings for divorce, presumption of death and divorce, judicial separation or nullity of marriage only if either of the parties to the marriage is (a) domiciled in Singapore at the time of the commencement of the proceedings; or (b) habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.

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.

the Commission's decision refers specifically, in many of its passages, to the consequences of the cartel at issue in the main proceedings within the European Community and the EEA, referring expressly to the «Member States of the time» and the States «which were contracting parties» to the EEA Agreement.

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].

What I subsequently saw in civil proceedings in which I faced counsel for as many as three parties at one time never really came close to being what any sane person would call due process.

I and other adjudicators that I know will offer med - arb at the beginning of most hearings and tell the parties that it is the general practice to offer it in all proceedings (message: this is a routine suggestion and not because I have formed an opinion on this case).

I am of opinion that in this jurisdiction a party to a correspondence within the «without prejudice» privilege is, generally speaking, protected from being required to disclose it on discovery or at trial in proceedings by or against the third party.

The judge below had failed to grapple with the undoubted fact that the interested party, by being prepared to be identified and to describe the circumstances, albeit in general terms, which drove her to become involved with F4J, had provided material willingly and deliberately which was certain to identify her child as being the subject of proceedings at least to a section of the public.

HELD The purpose of a criminal restraint order, as with a civil freezing order, is not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by any order which may be made against the defendant at the end of the proceedings.

Parties, moving swiftly toward trial, may decide at a one - day mediation, whether that mediation is mandatory or voluntary, that they do not wish to incur any or all of the following: the inherent risk of trial, the lack of finality (since the trials can lead to appeals), the publicity of open court proceedings, the prospect of having to pay the other side's legal costs if they lose, stress, and the further fracture of relationships.

``... if it appears at the time the decision on pre-trial detention is taken that the «officer authorised by law to exercise judicial power» is liable to intervene in the subsequent proceedings as a representative of the prosecuting authority, then he could not be regarded as independent of the parties at that preliminary stage as it is possible for him to become one of the parties at a later stage.»

The logic applied just as much to administrative proceedings: «Holding parties who receive the Record under an implied obligation not to use information in it for a collateral purpose promotes the public interest in obtaining full disclosure of [relevant] material..., just as this promise of confidentiality supports the obligation of complete disclosure between parties in civil actions» (at para. 37).

At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set - off provided its case is still comprised by the arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other party or any other circumstances.

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.

Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case.