Sentences with phrase «proceedings as of right»

Similarly, giving respondents the opportunity to withdraw from proceedings as of right at any time prior to the hearing of the evidence may assist in reducing the number of parties to an application.

The central proposal was to allow the media on behalf of the public to attend family proceedings as of right, with the judge retaining the discretion to exclude them.

Not exact matches

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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.

And yet the very practices of a democratic state, including such governmental business as legislative sessions and judicial proceedings, can not be carried out effectively if there are no restraints on the rights of people to disrupt them.

Behind the last row of Section 130, to the right side of home plate, McKee alternately watched and turned her back to the proceedings, as someone watching a chilling movie might cover her eyes with both hands but then peak through slightly parted fingers.

He maintained that the court, having in its ruling on April 13, 2017 dismissed their joinder application and described them as «strangers» with no interest to protect in the proceedings, they lacked right to «oust the court of its jurisdiction».

Alternatively, the ex NSA prays for an order staying further proceedings in the charge until he has exhausted the remedies available to him in law for the enforcement of his right to liberty as preserved by the bail order granted him.

The judge described the application as totally strange, noting that having not appealed against the interim forfeiture order, Ogungbeje had no right to seek a stay of proceedings in the case.

There are a number of controversial issues surrounding the adoption process, such as the rights of the child to access information on their past, and the issue of parents» rights in adoption proceedings.

Given the nature of adoption, human rights legislation such as the Human Rights Act 1998 (which incorporates the European Convention on Human Rights 1950) and the Convention on the Rights of the Child 1989 are important to any adoption proceerights legislation such as the Human Rights Act 1998 (which incorporates the European Convention on Human Rights 1950) and the Convention on the Rights of the Child 1989 are important to any adoption proceeRights Act 1998 (which incorporates the European Convention on Human Rights 1950) and the Convention on the Rights of the Child 1989 are important to any adoption proceeRights 1950) and the Convention on the Rights of the Child 1989 are important to any adoption proceeRights of the Child 1989 are important to any adoption proceedings.

The program so far has provided provides children and their custodians or extended family members with with more than 100 «know your rights» orientations where they are prepared for legal proceedings in both Spanish and English, and as of June of this year, the program has filed 159 petitions in court, and had 40 family court petitions granted.

Justice Taiwo said the action breached the governor's fundamental rights to fair hearing, as the commission did not make him a party to the proceedings for the interim freezing of the account.

As a «Hard Copy» producer, Bobby Cannavale adds humorous commentary to the proceedings and helps provide context; Harding happened right before O.J. Simpson would send the world of celebrity scandal into hyperdrive.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, 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 progress of desegregation in public facilities, the Attorney General is authorized 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.

It's quite difficult and you shouldn't expect to get through any mission on the first try, but when you get it right it's excellent — seeing a column of tanks ripped apart by a carefully laid trap is as satisfying as it was in Company of Heroes and the multiplayer only adds extra depth to proceedings.

This may in part be due to the fact that action on climate change is widely seen as a progressive goal, says Hulme, and being a generally progressive sort of bunch, social scientists might be reticent to impede proceedings, or to be seen to give succour to right - wing «denialists».

56 It is true that, even if those conditions are satisfied, the possibility of taking further steps in the proceedings without the defendant's knowledge by means, as in the main proceedings, of «service by public notice» constitutes a restriction of the defendant's rights of defence.

The wording of Article 3 (1) and (9) in fine seems to support that view, as they stress the importance of the translation of documents for the right of defence and the fairness of the proceedings.

In STC 13/2017, published on 10 March 2017, the SCC found that the police and a lower court had violated the right to personal freedom of two detainees whose lawyer had not been given access to the arrest file, as provided by article 7 of Directive 2012 / 13 / EU on the right to information in criminal proceedings.

This exposes successive UK governments not just to the accusation that the rights of victims has been sacrificed to insurance industry's commercial interests but the form and content of this scheme are so unjust to those it is supposed to protect as to risk infringement proceedings.

As the USA experience has shown, that virtually unfettered power of the Crown, leveraged with mandatory minimum sentences, in many situations renders both the right to a trial and the role of the judiciary in sentencing proceedings largely irrelevant.

Low - income families must fight these battles on their own because — despite the fact that civil cases can result in people going to jail, or losing their home, health care, custody of their children or sense of safety — there is no right to an attorney in civil legal proceedings as there is for criminal defendants.

Custody of the six children Jolie and husband Brad Pitt share is expected to be the largest part of the divorce proceedings, as Jolie has filed for sole physical custody, with visitation rights for Pitt, while -LSB-...]

Criminal proceedings are longer and more costly than administrative proceedings as a result of the high degree of procedural rights afforded to the accused, including, for instance, Stichcombe disclosure, preliminary hearings (for indictable offences), and rules of evidence.

Todd & Weld filed suit on behalf of Judge Kendall in federal court challenging the removal proceedings as unconstitutional on separation of powers grounds as an illegal encroachment by the legislative and executive branches of government on the inherent right of the judicial branch of government to monitor and review judicial conduct.

We are reminded that a MF has no right to act on behalf of a LIP, act as his agent in the proceedings, or manage the LIP's case outside court, for example, by signing documents.

Waite LJ (at 287) said wardship was unnecessary: «Rule 9.2 A (1)[now FPR 2010, r 16.6 (3)-RSB- gives C exactly the same rights in wardship as she enjoys in proceedings under CA 1989, Pt 2... If, therefore, the judge believed that wardship provided a means of requiring C to accept a guardian ad litem, he was mistaken.

United Nations Convention on the Rights of the Child 1989, Art 12 (by which UK will still be bound, so far its provisions are enforceable) is in similar terms to Art 23 of the Charter as to a child's right to be heard in «judicial proceedings», and where that child is capable of forming his or her own views.

The case is thus about whether Article 1111 - 3 Code du travail is compatible with the right of workers» to information and consultation under Article 27 Charter of Fundamental Rights as implemented by Directive 2002/14: Should Mr Laboubi and the union be able to rely on EU law in legal proceedings between private parties to exclude the application of the French norm and enforce the right to information and consultation?

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.

At the center of the proceedings was a calendar prepared by Mr. Deckmyn as a gift for his fellow members of Belgian far - right political party Vlaams Belang.

In that sense, one of the issues such continuation of ISDS proceedings would face is that such a tribunal would neither be in the position to correctly assess EU environmental law due to its mandate to guarantee investor rights nor be under the supervision of the ECJ for questions of EU law, such as the relationship between the claim and the EU environmental acquis.

Other suggestions, based on earlier ABA reports, include: provide legal representation as a matter of right where basic human needs are at stake; provide adequate compensation and funding to those who deliver legal services to ensure effective and competent representation; and have courts adopt standardized, uniform, plain - language forms for proceedings with a significant number of self - represented litigants.

Our Creditor's Rights practice extends to the following areas of Chapter 11, 13, and 7 matters: debt workouts, cram - down litigation, litigation of a wide array of adversary proceedings including Automatic Stay violations, Petroleum Marketing Practices Act («PMPA») violations, collections, evictions, recovery of collateral, injunctions, Declaratory Judgments, and the representation of creditors and other interested parties such as stock holders, corporate officers, creditors» committees, landlords, and tenants in bankruptcy matters including creditor discharge litigation, objections to proposed plans of reorganization, and bankruptcy preference defense.

Non-lawyers do not have the same legal duties and responsibilities as lawyers in some situations, nor do they benefit from the same rights and privileges (such as the ability to represent parties or classes of parties in certain legal proceedings, a far broader scope of privilege concerning legal advise provided, etc.).

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).

In this regard, the Commission has also voiced its concern about Article 7 (6) which allows MS to decide, in relation to minor offences, to conduct (part of) the proceedings in writing or without the questioning of the individual, as long as it is in line with the right to a fair trial.

«[T] he general understanding that parties to the original proceedings are automatically to be named as respondents when these proceedings are subject to judicial review was developed in the context of adversarial proceedings, in which the competing rights of two or more parties are adjudicated, and not necessarily where the proceedings, as here, are in the nature of an inquiry,» she wrote.

As Articles 6 and 7 of the proposal preclude the use (and not merely the collection) in criminal proceedings of evidence obtained in breach of the right to silence and the privilege not to incriminate oneself, these provisions should also be complied with during administrative proceedings whenever the results of these proceedings can be used in subsequent criminal proceedings.

Guest columnist Anastasia Konina, writing recently in the online journal Jurist, says: «the proposed system of consumer rights enforcement has been heavily criticized for a number of reasons, such as «putting efficiency above judicial scrutiny,» loss of public access, pressure due to general confidentiality of ADR and ODR proceedings and banning access to courts.»

The former opposed this as it would harm the consistency with other Procedural Rights Directives and as they considered that the notion of «criminal proceedings» is an autonomous notion that would be interpreted by the CJEU.

The clear exclusion of such proceedings is preceded, though, by an odd and confusing sentence according to which «This Directive should apply only to criminal proceedings as interpreted by the Court of Justice of the European Union (Court of Justice), without prejudice to the case - law of the European Court of Human Rights.»

Public law children: Acting for local authorities, parents, and children, Charlotte receives instructions in all areas of public law children proceedings, as well as cases involving non-accidental injury; international and national adoptions; and those under the inherent jurisdiction involving the right to life or medical treatment for children.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

An experienced lawyer can help to explain such property rights and what else to expect in Virginia divorce proceedings as well as work to ensure their client is fully informed of all assets to which they may be entitled before the divorce case is negotiated or litigated.

It was relevant that the statement, and supplementary statement, of objections had been issued and Tesco was contesting the allegations, that the OFT was determining Tesco's liability for a potential breach of the Competition Act and Tesco faced the possibility of a significant fine as a result, and that the proceedings were regarded as criminal for the purposes of Article 6 of the European Convention on Human Rights.

This crystallised in the adoption of measures such as the Roadmap directives on procedural rights, which apply to cross-border criminal proceedings, or the Parliament's attempt to set EU - wide standards for conditions of detention.

Although the Supreme Court of Canada held in Christie that a «general access to legal services in relation to court and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect of the rule of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control of any kind, even when, as now, it has made legal services unavailable at reasonable cost to a large majority of the population.

In 2006, the American Bar Association house of delegates unanimously approved a report calling for a national civil Gideon to «provide legal counsel as a matter of right at public expense to low - income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody.»