Sentences with phrase «raising issues of jurisdiction»

Next, the court pointed out that the wife herself had chosen Ontario as the proper jurisdiction when she commenced the divorce application and claimed custody in that province, and had raised the issue of jurisdiction only after the criminal charges against the father were withdrawn in July of 2010.

, if a foreign ship owner chooses to launch an action for damages in the jurisdiction of the alleged defendant, he can not raise the issue of jurisdiction if the defendant responds by filing a counter-claim in regards to the same collision.

It is submitted that the claimant therefore can not be allowed to raise issue of jurisdiction of this::: Downloaded on - 13/05/2014 23:52:27::: Kvm 21/107 ARBP259.13 Court in entertaining petition under section 34 of the Arbitration Act filed by the petitioner in this case in this Court and are estopped from raising such issue.

Not exact matches

«The fundraising conducted by the CF1NY plainly raises serious policy and perception issues and illuminates the ways in which the jurisdiction of the (law) is limited,» the board said in a joint statement.

DFS examiners are looking at the issues raised in today's report, as well as several others, as we examine all of the pension systems under DFS's jurisdiction.»

«When the issue of jurisdiction is raised timeously, this court has the mandate to take the application before we proceed,» he told Okon Abang, the judge.

While it's not the jurisdiction in question, after a notorious fraud investigation, the following is true for New Jersey in the United States Birth certificates previously issued by the Jersey City / Hudson County Office of Vital Statistics (with the raised seal from Hudson County).

Rep. Bill Emerson of Missouri, who chairs the House Agriculture subcommittee with jurisdiction over nutrition issues, has raised a fuss about a promotional campaign at the Department of Agriculture to publicize new, healthier school meals.

Though the article is not very clear on which of the 21 suspects currently in custody on warships will be transferred, Ku raises an interesting issue about jurisdiction.

I consider that bodies such as the Committee and the Council would normally be considered to have the capacity to adjudicate on issues of bias raised at a hearing notwithstanding that an extant legislative regime may not expressly grant such jurisdiction.

Many of these sites are monetized, at least in part, by being a source of referrals for lawyers (this raises ethics issues in many jurisdictions), and in some cases non-lawyers, that own or participate on them.

He has been instructed in several jurisdictional disputes raising issues relation to satisfaction of the criteria for permission to serve out of the jurisdiction and forum conveniens.

As can be seen in this appeal, the creation of national classes also raises the issue of relations between equal but different superior courts in a federal system in which civil procedure and the administration of justice are under provincial jurisdiction.

State immunity would have been enough on its own to dispose of the injunction, but the court also dealt with the important jurisdictional issues raised by ETI's reliance on Civil Jurisdiction and Judgments Act 1982, s 25 as the basis for the court's Jurisdiction and Judgments Act 1982, s 25 as the basis for the court's jurisdictionjurisdiction

It would help if, for instance, Nimonik declared that all regulatory changes as of «x» number of days ago are included and accurate — which raises the further issue of whether the legislation reproduced on the site is the authoritative version or simply a jurisdiction's web version (where there is a difference).

This appeal raised the issue of whether or not a judge of the crown court had correctly exercised his jurisdiction to determine, after the conclusion of a trial of a defendant, an allegation that the defendant was in contempt of court because he had intimidated a witness outside the crown court during the course of the trial.

This case raised issues relating to res judicata, Section 34 of the Civil Jurisdiction and Judgments and Estoppel by Convention.

As a result, the appeals court ruled that the patent issues raised by Jang's breach of license claim were substantial and triggered «arising under» jurisdiction.

Zac is currently involved in human rights litigation being conducted in a key African jurisdiction which raises a number of important public international law issues.

Woodford v Olympus Corporation (ET, 2012) John acted for Olympus in a very high profile claim by its former President and Chief Executive which raised issues about the extra-territorial jurisdiction of employment Tribunals.

As well as needing simultaneous emergency measures to be taken on both sides of the Scottish / English border in order to prevent Police Scotland taking privileged and irrelevant documents out of the jurisdiction, this case raises complex and important issues concerning cross-border criminal enforcement arising in the context of civil disputes.

The SFO had won the battle on the basis of jurisdiction but lost the war as all of the substantive issues raised by the Claimant were upheld by the Court.

In response to the application, the defendant raised the issue of the Master's jurisdiction under s. 9 (3) of the Court of Queen's Bench Act, and the availability of summary judgment in the context of a wrongful dismissal case.

Beyond being one of the largest claims recently litigated in this jurisdiction, the claim raised complex legal issues including issues as to the law of bribery and dishonest assistance, the capacity of a foreign state entity and complex conflict of laws issues.

This would also however seem to be an area guaranteed to get lawyers talking, given that it raises all kinds of issues, such as legal enforceability, jurisdiction, appeals processes and accountability.

The case raised complex issues as to jurisdiction in an insolvency context and the significance of foreign proceedings in circumstances where the foreign court had no jurisdiction over the Administrators.

Stevenson v Atos Origin IT Services UK Ltd [2012] UKEAT 0213 / 11/0404 Acting for the Respondent in a discrimination appeal of a senior executive working outside the jurisdiction raising issues of ET jurisdiction, agency and aiding and abetting.

Stevenson v Atos Origin IT Services UK Ltd [2012] UKEAT 0213 / 11/0404 Acting for the Respondent in a discrimination appeal of a senior executive working outside the jurisdiction raising issues of extra territorial application of discrimination law, aiding and abetting and agency.

Bupa's focus on digitising the customer experience raises a number of issues that legal contributes to, but the team also tries to make use of technology to connect seamlessly across its different jurisdictions.

Re: Confidential ICC Arbitration (2016): raises issues relating to jurisdiction of tribunal; considers the effect of Court of Appeal decision in Baytur on status of an arbitration commenced by a Claimant that has since ceased to exist where the mechanism of transfer of rights and liabilities is not universal succession.

Bankhaus Wolbern & Co (AG & Co KG)(2) Vision 93 Konserveirungs Und Vermogensverwaltun GS GMBH & Co KG v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

Further, the relevant factual matrix spanned several jurisdictions raising issues of the applicable law and the appropriate forum (country) for the dispute to be heard.

Issues raised on content of obligation to take delivery under clause 5 of Gencon (1994 ed) and lack of jurisdiction to award costs of foreign arrest.

On the contrary, the HPRB held that College's under the HPA must investigate any matter raised by the complainant and there was no reason to restrict the scope of this jurisdiction to matters in which a registrant's general conduct or competence is at issue (para. 45).

While the Panama Papers» revelations and the current scrutiny of offshore jurisdictions may raise immediate, and sometimes difficult, questions and requirements for advice, the bigger issues lie in the significantly altered landscape for regulatory compliance, which is likely to pose considerable challenges for many UK businesses.

[2] While the notice of appeal raises a wide range of issues, some of which fall outside the ambit of the jurisdiction of any court, the arguments advanced in the factum and in oral argument are somewhat more focussed and may be summarized as follows...

The headlines certainly were sensational, but this may have disguised both the true nature of the issues raised and a proper consideration of whether low tax «offshore» jurisdictions also have a proper function or are merely facilitating systemic criminality.

In addition to raising insurance issues, giving advice with respect to foreign law in a jurisdiction where you are not admitted could expose you to an unauthorized practice of law prosecution, even assuming you have sufficient knowledge of the foreign law in question.

I'm glad that Anthony raised the important issue of litigation expense insurance, which is very common in loser - pays jurisdictions, but I disagree with his suggestion that insurance undermines the effects of loser pays.

Authority is clear — the abuse of process jurisdiction is residual in nature; it applies only when the issues raised can not be addressed by the statutory protections... It follows there are no grounds for distinguishing Symeou.

This is seriously troubling since the issues raised in this case will affect the jurisdiction of the Judicial Conduct Commission and will result in the repeal of the Judicial Immunity Doctrine.

Woodford v Olympus Corporation (Employment Tribunal, May 2012) High profile whistleblowing claim raising issues of extra-territorial jurisdiction of employment tribunals

Woodford v Olympus Corporation Employment Tribunal, May 2012 High profile whistleblowing claim raising issues of extra-territorial jurisdiction of employment tribunals, with John Cavanagh QC

The issue sought to be raised in the Amicus brief is that the KBA has no jurisdiction to review the legal rulings of any judge made in his official capacity due to the Judicial Immunity Doctrine.

Amy acted for Erdenet on appeal in this contractual dispute raising fundamental issues as to the application of the «Canada Trust gloss» for service of proceedings out of the jurisdiction.

The issue was one of jurisdiction and whether or not the appellate court had the inherent jurisdiction to raise an issue pertaining to the sentence imposed, when the appeal was purely a conviction appeal and neither parties raised the issue of fitness of sentence.

The issue raised in these cases, is how to effect an equitable distribution of matrimonial property and more importantly, what jurisdiction Canadian courts have in dealing foreign assets.

The questions as to whether a state could enforce, or would be subject to penalties if it chose to continue to enforce, its own laws following a denial by the Secretary of an exception request under § 160.203 or a holding by a court of competent jurisdiction that a state privacy law had been preempted by a contrary federal privacy standard raise several issues.

ISME have called for the jurisdiction of the SCC to be raised for businesses to the limit of the District Court's jurisdiction and the implication appears to be that solicitors» fees are the issue for businesses.

While I had general knowledge of the typical challenges raised by the concept of «best efforts» at common law, I had (strangely) never looked at the issue in my own civil law jurisdiction.