Sentences with phrase «proceedings where»

They observed the devastating impact of divorce proceedings where children were traumatized by finding themselves in the midst of terrible and protracted conflict between their parents and in which life savings were drained by the need to fuel perpetual court hearings.
Culture, religion and language rights are contained in articles 11 - 13 of the Declaration: right to practice and revitalise their cultural traditions and customs, right to practice and develop their spiritual and religious traditions, customs and ceremonies; right to revitalise, use, develop, and transmit their histories, languages, oral traditions, philosophies, writing systems and literatures; and right to interpretation for political, legal and administrative proceedings where necessary.
Unlike the more familiar divorce proceedings where parties hire gunslinger lawyers and have their dirty laundry aired in public courthouses, these women each retained a collaboratively - trained attorney (Ellen Ware and myself) who are experienced in respectful and interest - based negotiations.
Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved.
4.1 That the Australian Government amend the Native Title Act and the Attorney - General's Guidelines (for provision of financial assistance pursuant to Section 183 (4) of the Act), to ensure that funding is provided to assist only a party with a legal interest in proceedings where:
By structuring the negotiations in this way, CL attorneys seek to avoid the acrimony that creeps into even relatively amicable divorce proceedings where parties do not meet face to face but instead communicate primarily through their lawyers.
JOBMA does not disclose any personal information without your consent, except to comply with applicable laws or legal proceedings where such information is relevant.
Moreover, in this case the CPC is a party to the proceedings where it would have originally established the breach of competition law.
On its natural meaning, s 4 (2) was designed to enable the court to prevent the publication of the report of proceedings where the publication would prejudice the conduct of those proceedings, or specific pending proceedings.
The United States District Court for the District of Utah was the first Federal court to adopt the doctrine of vicarious consent and did so in the context of custody proceedings where one parent recorded the other parent's conversations with the couple's two minor children, then three and five years of age.
But if there is some history of antagonism between the MF and the other party, as there may be in family proceedings where the MF is a relative or friend of the LIP, there may be good grounds to object.
Royal Bank of Scotland v FAL Oil Company Limited [2013] 1 Lloyd's Rep 327 - exercise of freezing order jurisdiction in support of foreign proceedings where limited evidence of assets in jurisdiction (led by Vasanti Selvaratnam QC).
Spouses need to be cautious that they are not overlooking tax assets in divorce proceedings where marital or community property will be divided.
The firm does a significant referral practice in appellate proceedings where it was not trial counsel.
Kiani v Secretary of State for the Home Department [2015] ICR 418, EAT, November 21 2014 There was no absolute requirement for an employment tribunal to disclose a gist of the evidence against an employee immigration officer in closed proceedings where national security was held to apply.
She specialises exclusively in the law relating to children, both in public law care proceedings and private law proceedings where the court decides the amount of time a child should spend with a parent or other person.
She has recent experience acting for P in concurrent COP and Family law proceedings where a child has been born to P.
He noted that there has been «a significant increase in the number of litigants in person» due in part to the retrenchment in state expenditure and the relatively high cost of legal fees, and suggested «introducing a more inquisitorial form of process in civil proceedings where both or at least one party is unrepresented.»
Linda would also be delighted to accept instructions direct from a lay party who has been invited by the court to intervene in care proceedings where there has been an injury to a child and there are issues as to who may have caused this.
Rule 2.1 has typically been invoked to dismiss proceedings where the opposite party has engaged in abusive litigation conduct.
In light of the e-forrests being felled over today's Supreme Court decision re: the Affordable Care Act, I'm loathe to say much of anything, both because (1) life goes on; and (2) we're reaching that point in the proceedings where everything has been said, it's just that not everyone has said it.
If both parties want it, and if he agrees, you can have arbitration proceedings where R. Lee Ermey presides and keeps order by means of screaming at you and ordering calisthenics...
Under fire by members of Congress for holding in - house proceedings where the agency always wins, the Federal Trade Commission has delayed issuing a competition - related administrative decision.
The Indiana Child Support Guidelines were required to be in use in all Indiana courts in all proceedings where child support is established or modified on and after October 1, 1989.
Co-authored with Anja Brown and published by the Legal Services Society of British Columbia, this booklet is intended for counsel assisting clients with legal proceedings where an Aboriginal right is raised as a defence.
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.
Where an arbitration is seated in England and Wales, there is a mandatory stay of proceedings where one party to the arbitration is subject to a winding - up order or goes into administration.
Requiring federal appellate courts to hear appeals from orders issued in MDL proceedings where immediate review may materially advance the ultimate termination of the case.
While judicial oversight is a legislative requirement in representative proceedings, non-representative proceedings where TPLF is also used, such as personal injury or commercial litigation, are not subject to judicial controls.
This second criterion is further broken down in rule 80 of the CAT Rules 2015, which provides that claims will be eligible for inclusion in collective proceedings where they (a) are brought on behalf of an identifiable class of persons; (b) raise common issues; and (c) are suitable to be brought in collective proceedings.
(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.
At present, an EU domiciled defendant can only be joined as a co-defendant to English proceedings where an English - domiciled anchor defendant has been sued here: see Article 8 (1) of the Recast.
Spouses need to be cautious that they are not overlooking hidden assets in divorce proceedings where marital or community property will be divided.
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.
In particular, it identifies two essentials in proceedings where a Placement Order is envisaged:
This will no doubt lead to parallel proceedings where the oil company also triggers the arbitration clause.»
Representing the Board in judicial and administrative proceedings where the district, board members, administrators or agents may be a party or have an interest;
It benefits both Apple and prosecutors by minimizing protracted court proceedings where a manufacturer has the right to be heard on the issue of burdensomeness under the All Writs Act.
The firm also represents those facing professional disciplinary, regulatory and compliance proceedings where, in today's heavily regulated commercial world, such proceedings can attract significant criminal penalties as well as civil sanctions.
Emma has experience of representing parents and other relatives in care proceedings where there are concerns regarding drug or alcohol misuse, mental health problems and allegations of domestic abuse.
As the Postscript of the judgment reminds us, these were private proceedings where the parents had asked the Court to decide the issue as opposed to care proceedings where the State is intruding uninvited into the private sphere of a particular family or community and where there is a preliminary threshold to be overcome before the State can intervene.
(12) BTA Bank v. Usarel Investments [2012] I.L.Pr 53 The Court had jurisdiction to appoint a receiver of a company for the purposes of giving instructions in connection with the continuation of proceedings where the appointment of directors was in doubt.
The Government has also removed with effect from 31 January 2017 fees in three specified types of proceedings where employees, usually of insolvent employers, seek payments out of the National Insurance Fund including redundancy payments.
Representation of major mining company in federal eminent domain proceedings where condemnee originally claimed eight figure damages but was awarded nothing.
This is illustrated not only by its case - law [4] but also by its constant efforts to secure the participation of the EU institutions, and notably the European Commission, as a third party in proceedings where EU law is involved.
«It is untenable that the infringement of Charter rights is open to debate, in secret proceedings where only the government is represented.
Private law proceedings contrast with public children proceedings where the child's interests are promoted by the child's guardian and legal representative.
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.
The problem arises in particular in relation to claims following care proceedings where children and parents are respectively represented.
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.»
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