Sentences with phrase «proceedings as an abuse»

Because of the funding regulations alternative representation could not be found and as a result the court stayed the confiscation proceedings as an abuse of process, costing the taxpayer in excess of # 1m.

Google Inc. sought an order to permanently stay or summarily dismiss the proceedings as an abuse of process.

Not exact matches

The minutes of the finance council meeting emerged as part of Archdiocese of Milwaukee bankruptcy proceedings, the Survivors Network of those Abused by Priests said Wednesday.

Prior to her appointment as Law Clerk, Gilda had a private practice in Ulster County (5 years) specializing in the representation of children and litigants in Family Court in all areas including abuse / neglect, custody / visitation, juvenile delinquency, persons in need of supervision (PINS), paternity and family offense proceedings.

As to why the proceedings were filed in Texas rather than in the libel - suit - friendly United Kingdom, they said that «any action brought against the BMJ and Mr. Deer in London would have been immediately vulnerable to being struck out as an abuse of process.&raquAs to why the proceedings were filed in Texas rather than in the libel - suit - friendly United Kingdom, they said that «any action brought against the BMJ and Mr. Deer in London would have been immediately vulnerable to being struck out as an abuse of process.&raquas an abuse of process.»

As of October 17, 2005, after the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, at the conclusion of bankruptcy proceedings, but before any debt can be discharged, debtors must attend a government approved financial management course.

Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a complainant could be challenged by a sender who is alleged to have abused the complainant and thus exposes vulnerable complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.

The court made relatively short work of dismissing an appeal by an allegedly abused «young person» («X»; her age now is not stated) who said that she had been abused as a child by the father in the current contact proceedings.

«Focuses on topics of concern to family lawyers and also members of the public dealing with family law issues such as adoption, divorce, separate maintenance, child custody, support, cohabitation, parentage issues, parental abduction, relocation, post-judgment modification issues, neglect / abuse proceedings and social issues related to families.»

As a consequence «harm», for the purposes of satisfying the threshold criteria in care proceedings, is statutorily diluted to «ill - treatment», which can include such nebulous concepts as witnessing the «emotional or financial abuse of another»As a consequence «harm», for the purposes of satisfying the threshold criteria in care proceedings, is statutorily diluted to «ill - treatment», which can include such nebulous concepts as witnessing the «emotional or financial abuse of another»as witnessing the «emotional or financial abuse of another».

Further, it is clear that PHA 1997 proceedings will not be liable to be struck out as an abuse of process offending the principle that generally a claimant must present all their case in one go and will be prevented from presenting claims later on that could have been presented in the earlier proceedings (Henderson v Henderson (1843) 3 Hare 100, [1843 - 60] All ER Rep 378).

Bowden is relevant not only to civil claims arising from abuse many years ago but also to other personal injury cases where the defendant's alleged tort relates to circumstances long before proceedings were issued, such as occupational illness claims.

Strathy C.J.O. provided some past examples of cases where conduct was held to be an abuse of process, such as initiating proceedings through a nominal plaintiff in order to oppress the defendant, or where the non-party has engaged in conduct that amounts to the tort of maintenance.

She reported that Rights of Women had issued judicial review proceedings in respect of the domestic violence criteria, arguing that they were unlawful as they effectively narrowed the (quite broad) statutory definition of domestic abuse that has been accepted by the government.

In all private law proceedings where domestic abuse is raised as an issue, the court should consider directing a report under S. 7 from CAFCASS or Social Worker or S. 37 from the Social Worker — the court must specify in the direction the issues that should be addressed in the report.

As a direct result, Quinn Emanuel has been at the cutting edge of disputes involving standard setting, FRAND commitments, monopolization of newly developed technologies and related patent abuse, ITC proceedings, and transnational antitrust enforcement.

Ms. Rahman serves international clients in Brussels, providing strategic advice regarding merger control, cartel and abuse of dominance investigations, representing clients throughout the EU investigation process, and coordinating with other foreign proceedings as needed.

There are sometimes prohibitions that deal with the problems that led to the fraud such as credit counseling and bankruptcy proceedings, or counseling for substance abuse or gambling.

In relation to Family Law, domestic abuse can affect divorce proceedings as follows:

In family proceedings, legal aid could be used in European Convention 1950 exceptional case funding for vulnerable parties and children, and many of the criminal proceedings measures are already available, but not used, in family proceedings, as Lady Hale has pointed out in Re A (Sexual Abuse: Disclosure)[2012] UKSC 60.»

The FCA's enforcement activity ranges from pursuing allegations of criminal conduct such as insider dealing, misleading statements, breaches of the general prohibition and money laundering, to regulatory breaches of the FCA's Principles for Businesses and Approved Persons, as well as proceedings for market abuse.

More particularly, since the Court acknowledged in the judgment in Tsakouridis, that the fight against trafficking in narcotics as part of an organised group is capable of being covered by that concept, the question here is whether an act carried out alone, such as that committed by Mr I. in the main proceedings, namely sexual abuse of a 14 year old minor, sexual coercion and rape, is also capable of being covered by that concept.

The new § 164.512 includes paragraphs on: Uses and disclosures required by law; uses and disclosures for public health activities; disclosures about victims of abuse, neglect, or domestic violence; uses and disclosures for health oversight activities; disclosures for judicial and administrative proceedings; disclosures for law enforcement purposes; uses and disclosures about decedents; uses and disclosures for cadaveric donation of organs, eyes, or tissues; uses and disclosures for research purposes; uses and disclosures to avert a serious threat to health or safety (which we had called «emergency circumstances» in the NPRM); uses and disclosures for specialized government functions (referred to as «specialized classes» in the NPRM); and disclosures to comply with workers» compensation laws.

The trial judge held that the proceedings should be struck out as an abuse of process: «This is not only an example of forum shopping but of issue switching which the court should not be prepared to tolerate.»

Justifications for retaining the present inquisitorial approach appear non-existent, as the need for confidentiality has been rendered largely superfluous by the recent opening - up of care proceedings, and the best method for obtaining the truth on abuse must surely be in the best interests of a child, who may wrongly forever believe that they were so abused by their natural parents that a court ordered the child's adoption.

Domestic Violence — You can not cite abuse as the main factor in your divorce, but if you feel as though your life is in danger, this could affect how the judge goes about divorce proceedings and determining child visitation.

Mississippi takes a firm stance on such matters, so if abuse has occurred involving the child or spouses during the proceedings, the court will likely change custody as necessary to protect the child.

Modifies the definition of relative as it relates to abuse, neglect, and dependency proceedings.