Sentences with phrase «proceedings in a civil claim»

This application will then almost certainly be processed before a solicitor is ready to issue court proceedings in a civil claim.

The time limit for issuing court proceedings in civil claims (explained at page 14) applies to men and women with pleural plaques who had some exposure to asbestos in Scotland and / or Northern Ireland.

Not exact matches

The corporate watchdog has begun civil penalty proceedings against Padbury Mining and two of its directors over statements made last year claiming the company had lined up $ 6 billion in equity to fund construction of a port and rail network at Oakajee north of Geraldton.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

It is based on a compensation claim raised in civil proceedings by a German citizen who claims to have been injured during a skiing accident by a Czech citizen in the Province of Bolzano.

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

However, the case serves as a counterpoint to the more questionable advantages sometimes claimed for private prosecutions: when it is appropriate to bring them; the benefits compared to a State prosecution or civil proceedings; and the synergies in running a private prosecution and civil proceedings in tandem.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

[Draftsman turns to Mr Z: «If you are a former client of a lawyer who holds, or whose firm holds, confidential information of yours which might reasonably be expected to be material where an issue arises between you and another client of that firm, you can apply to the High Court by claim (Civil Procedure Rules 1998 Pt 8); or by application in any court proceedings in which the question arises... etc»].

It was Part III of the Matrimonial and Family Proceedings Act 1984 that provided a mechanism for someone who has not remarried or entered into a civil partnership to bring a claim in England and Wales against a spouse or former spouse even if a court has already made a financial order in divorce proceedings in another jurisdiction.

Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business disputes, commercial and residential construction defect claims, religious entity law, advice regarding employment disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Circuit.

The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).

Although a claim brought in the courts will have a cost attached to it, the cost of any such proceedings may be less than the damage caused by the initial error, particularly in an unopposed claim brought pursuant to Part 8 of the Civil Procedure Rules.

Pro bono costs are just like ordinary costs and can be claimed in civil proceedings where the successful party benefited from free legal advice or representation, whether for all or part of their case.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

In England and Wales the Civil Procedure Rules require a formal letter of claim be sent before proceedings for breach are issued.

Sophia Purkis of Fladgate LLP advises claimants and defendants in relation to large - scale civil fraud claims, often in conjunction with parallel criminal proceedings.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioIn order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdictioin the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

That aspect of the Québec system of courts has no equivalent in other provinces where all provincial court civil jurisdictions are under Small Claims Court proceedings.

[92] I therefore find that Mr. Bruce was entitled to seek compensation by way of grievance and arbitration under the 2014 Collective Agreement for the matters raised in his notice of civil claim in these proceedings and had he done so, could have obtained a meaningful remedy for those complaints.

Practice Highlights His practice includes representing physicians and medical clinics in negotiating employment contracts, partnership contracts, joint venture contracts and establishment of medical corporations; representation of physicians and medical clinics in the purchase and sale of medical practices; representation of physicians, dentists, pharmacists, medical clinics, surgical centers, hospitals, clinical laboratories and nursing homes before the Illinois Department of Professional Regulation, Illinois Department of Public Aid, Illinois Department of Public Health and Federal Department of Health and Human Services in administrative license and recoupment hearings; representation of brokers and salesman before the Office of Banks and Real Estate; representation of physicians and other health care providers at internal hospital hearings involving termination or discipline of hospital privileges; representation of physicians in hearings before managed care providers to terminate the physician as a provider; representation of health care providers in criminal proceedings in federal or state court on charges related to Medicare and Medicaid vendor fraud and false claims; general and civil litigation related to medical care providers; and domestic relations.

They have defended pharmaceutical companies, major oil refineries and businesses in other industries against antitrust claims, both in criminal and civil proceedings.

Julie provides her clients with ongoing strategic advice to help manage workplace absence and disability accommodation, and skillful representation in administrative tribunals, including human rights, Workers Compensation and labour arbitration proceedings, as well as civil proceedings, including wrongful and constructive dismissal claims.

That is not to say that in principle Judicial Review proceedings could never determine a civil law claim, however in this case the Judicial Review proceedings had not in fact done so.

Of general interest is that findings against Government in Judicial Review proceedings may not automatically be relied upon to found similar civil claims for compensation depending on the way the administrative court has considered the issue.

The Court found that the decision in the Judicial Review proceedings did not determine any civil law claim for damages and consequently the SFO was not precluded from disputing liability for trespass.

While the criminal proceedings might involve a determination of what restitution is to be made to you, the victim in the incident, it isn't designed for that purpose, which is why we have civil courts in which you can bring a civil claim (likely of negligence) against the drunk driver who caused the accident in which you were injured.

He acts as sole counsel in a variety of matters in the High Court and County Courts in commercial litigation, civil fraud claims, insolvency proceedings and trust disputes.

In one recent case, the plaintiff claimed that our attorney client was liable to him for wrongful use of civil proceedings and was seeking in excess of $ 3 million in damageIn one recent case, the plaintiff claimed that our attorney client was liable to him for wrongful use of civil proceedings and was seeking in excess of $ 3 million in damagein excess of $ 3 million in damagein damages.

When negotiations fail, Claire assists her clients in taking claims to court including judicial review, civil claim and appeal proceedings.

The Court assigns qualified court interpreters in court proceedings at no cost in the following areas: criminal, juvenile delinquency, juvenile dependency, probate, mental health, family law, civil harassment, unlawful detainer (eviction), traffic, small claims, and other civil cases.

It was noted that the circumstances of the case were «exceptional» and so it was considered there would not be a floodgate of civil claims where the claimant argued that the reason for the delay in issuing proceedings was the defendant's impecuniosity.

As Coulson J stated, «s 33 only applies to personal injury and fatal accident claims, not other forms of civil proceedings» and that such claims «have always been the subject of special rules relating to limitation», that secondly, as evident from countless authorities, «no decision under s 33 can be regarded as setting down definitive guidelines that are automatically applicable in another factual decision; any decision under s 33 has to be regarded as a decision on the particular facts of that case, and nothing more.»

In particular, unsuccessful or aborted civil fraud claims may well give rise to malicious prosecution proceedings.

[22] As shown by the recent Court of Appeal decision in Deep, Steinecke is still good law, as the Court found that Deep could not rely on documents inadmissible under civil proceedings due to s. RHPA 36 (3), and found that, «[w] ithout this evidence the appellant has no way of proving the necessary facts to support his claim.»

In fact, (i) securities - related criminal proceedings can be brought only by public prosecutors, and (ii) civil claims for damages can be brought only by the persons that directly suffered the damages (however, with respect to market abuse violations, Consob is entitled to bring civil claims aimed at obtaining compensation for damage caused to the market's integrity).

However, it is not permissible to bring the same private claim in parallel criminal and civil proceedings.

«It would be surprising if a claimant in civil proceedings, who had to allege criminal conduct as a necessary part of his claim in rem, was not required to give the respondent and the court at least some particulars of what that conduct was said to be... It seems to me to be essential that if there is to be a fair trial that the respondent should know the case against him in sufficient detail to enable him to prepare properly to meet it.»

Mesothelioma sufferers faced the prospect of paying up to # 10,000 in court fees to bring a claim, after the government controversially hiked court fees for civil proceedings in March 2015.

Indeed, once upon a time, the FAIR organization was heard to argue strenuously for the retention of the jury trial in civil proceedings, exactly because it was sought that juries would be MORE inclined to help the plaintiff in claims, legitimate and otherwise.

In addition Hailsham Chambers has the capacity to advise on and act in civil claims and regulatory proceedings arising out of a cyber security breach of a firm, corporation or individual's computer systeIn addition Hailsham Chambers has the capacity to advise on and act in civil claims and regulatory proceedings arising out of a cyber security breach of a firm, corporation or individual's computer systein civil claims and regulatory proceedings arising out of a cyber security breach of a firm, corporation or individual's computer system.

Although the Privy Council later decided in 2013 that, under the law of the Cayman Islands, such claims should extend to civil proceedings, the New Brunswick Court of Appeal preferred the dissenting reasoning of Lord Sumption, who reasoned that such claims should not extend to civil proceedings.

Husband then sued both pro tem judge and Love (wife's attorney) for civil damages, mainly claiming as damages the attorney's fees he incurred in the first round of litigation due to Love's conduct after previous proceedings resulted in a consensus that the pro tem judge had judicial immunity.

Civil claims (those arising from fraud or negligence) are based upon Florida common law and Florida statute; however, whether or not the controversy will be litigated in a courtroom or instead forced into arbitration proceedings under the terms of a contract will depend on the disputed issue.

3) A court ordered review of your personal revenue claims and public record of all submissions in civil proceedings.