Sentences with phrase «prospect of a court order»

There are many supporters of this measure that are anticipating the prospect of a court order would motivate lenders to amend existing mortgages before they are forced to do so.

Not exact matches

The UKBA «must release foreign offenders when ordered to do so by the courts and release low - risk offenders where there is no realistic prospect of removal within a reasonable period».

There is prospect Nigerians keen on knowing the truth about alleged padding of the 2016 budget may soon have some answers, as the Federal High Court in Lagos has granted a bid by Socio - Economic Rights and Accountability Project (SERAP) «to seek an order of Mandamus to direct and compel the Federal Government to prosecute some principal officers of the National Assembly over allegations of padding and stealing of some N481bn from the 2016 budget.»

Recent court of appeal decisions appear to suggest that the granting of leave is so restrictive that once a care order has been made there is little prospect of a parent being granted permission to defend an adoption and the Legal Services Commission is reluctant to grant funding to parents to cover such applications.

The court will only grant such permission if it finds that since the order was made there has been a change in the parent's circumstances, sufficient to indicate a real prospect of successfully opposing the order.

Realistically, however the only alternative is for this court to acquiesce in the mother's blatant disregard for the orders of this court and to accept that notwithstanding that previous judges have concluded that contact between the children and their father accords with their welfare interests, the prospect of such contact occurring must be abandoned.»

In particular, with regard to Article 15 on the detention of irregular migrants prior to their removal the Court has so far explained how the period of detention should be calculated and when there is a «reasonable prospect of removal» (Kadzoev); it has precluded the incarceration of irregular migrants during the return process on the sole ground that they remain on the territory of a Member State even though an order to leave exists (El Dridi), and it has attempted to strike a balance between the right to be heard and the efficiency of the administrative procedure to extend the period of detention (G & R).

Furthermore, the Court overturned a motion judge's stay of proceedings, which he had ordered of his own initiative upon finding that the plaintiff's had no prospect of recovery in Ontario.

«Having considered the decisions, the writings and the various aspects of the public interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»

Section 24 (5) of the Adoption and Children Act 2002 — «where (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court's leave be placed for adoption under the order» — applies only where a substantive application for the revocation of a placement order has been made, ie the applicant, having got over the leave hurdle, is making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

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 jurisdiction.

A court order (judgment) dismissing a claim summarily, without a full hearing on the evidence, upon application, and based on the allegation that there is no claim or defence with a reasonable prospect of success.

This accelerated procedure is only recommended for use in cases where either there is little, if any, prospect of the tenant or the holder of a qualifying interest wishing to contest the termination of the tenancy, or where, had the landlord brought a termination claim, the tenant would have no realistic prospect of persuading the court not to make that order.

On hearing a discharge application, the onus is on the landlord to show that, if a termination claim were made, there would be no realistic prospect of the applicant persuading the court not to make a termination order.

If the UK Parliament does either of these things, there can probably be no challenge to its decision within the UK's internal legal order, subject to courts taking up the occasional musings of some judges about limits to Parliamentary sovereignty — an unlikely, and at least arguably an undesirable prospect.

Pursuant to an order of the bankruptcy court, the Auctioneer offered to pay a cooperating commission to «licensed brokers» who brought a prospect to the auction who purchased the Properties, so long as the following conditions were satisfied: the broker must accompany the prospect to the Properties» open house; execute a broker registration letter; accompany the prospect to the auction and register the prospect at the auction; and close escrow.