Sentences with phrase «recoverable in»

(4) Did the motion judge err in finding that damages for pure economic loss are recoverable in this case?

It is therefore important that paying parties can be assured that the receiving party's budget does not include costs of a solicitor and own client nature which should never be recoverable in any event.

Losses not covered by accident benefits may be recoverable in tort.

Damages such as medical expenses, pain and suffering, lost wages, physical therapy costs, assistive medical devices, prescription drugs, and other expenses are often recoverable in a successful medical malpractice lawsuit.

COLUMBUS, Ohio (Legal Newsline)-- The Ohio Supreme Court has ruled that punitive damages are not recoverable in a breach of contract action in which the alleged violation stems from conduct that also constitutes a wrongful act.

Limits the amount of prejudgment interest that can be assessed between accrual of the action and filing of the claim to below the $ 1,000,000 limit on the total amount recoverable in medical liability claims.

While in theory a Claimant will be able to recover fees paid to start a Claim, unless the settlement clearly identified the level of fees which was allocated as part of the settlement, it is highly unlikely that these will be recoverable in practice.

The concept of proportionality meant it was absurd to give costs which are not recoverable in small claims unless there is unreasonable conduct; CPR 27 (14).

After - the - event (ATE) insurance premiums are recoverable in clinical negligence cases where the action is settled before proceedings are issued and experts commissioned, the Court of Appeal has clarified in an important decision.

For example, several pages are devoted in the introductory chapter to whether online research costs are recoverable in taxations and assessments of costs.

Punitive damages are an unusual form of damages, but yes, they are recoverable in Idaho.

Accordingly, although, as in the case of litigation in England, recoverable costs in ICC arbitration can be very significant, as they include the costs incurred by parties in presenting their cases such as legal fees and expenses (whereas legal fees and expenses are not normally recoverable in litigation in e.g. France, Japan or the United States), the Sealed Offer has been little used in ICC arbitration until now.

Punitive Damages - In rare instances, punitive damages may be recoverable in a personal injury or medical malpractice case.

As a consequence, the current position is that the fees of foreign lawyers are no longer recoverable in proceedings conducted in the BVI, regardless of whether the foreign lawyer's activities were «reasonable and necessary» for a foreign lawyer to carry out in relation to the BVI case.

Attorneys» fees and expenses associated with a contractual breach — costs that are generally not recoverable in the United States and in other jurisdictions without a UK - style «loser pays» rule.

This is in direct contrast to the compensation system in France where the cost of hiring a replacement vehicle is only recoverable in exceptional circumstances and where a professional daily need can be shown.

The mere fact, however, that lost profit damages are available generally, does not mean lost profit damages are recoverable in all cases.

Three basic types of damages may be recoverable in personal injury cases:

Any such expenses, if associated with a birth - injury caused by medical malpractice, may be recoverable in a personal injury action.

Compensation for psychological and psychiatric injury is recoverable in British Columbia for victims of personal injury.

On this argument, damages might never be recoverable in commercial cases.

Importantly, California courts have consistently held that damages for emotional distress are not recoverable in a wrongful death action.

But this is just part of all the changes that flow from the Jackson proposals and which will have a huge effect on so many claims: the increase in the small claim limit; the extension of the road traffic accident (RTA) portal; the issue of the costs recoverable in claims processed through the RTA portal; and the extension of fixed costs.

If damages for loss of a chance were recoverable in negligence, they should also be recoverable in deceit.

Rule 27.14 (2) was the rule which limited the costs recoverable in a small claims track case.

Iowa's general rule is that emotional distress damages are not recoverable in tort actions unless there is «intentional conduct by a defendant or physical injury to the plaintiff.»

The reasonable disbursements that I find are recoverable in these UMP proceedings find their genesis in the MVA which eventually gave rise to these arbitration proceedings.

Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).

While a personal injury lawyer wants to get you the biggest payout for your case, it is also important to be realistic about what is recoverable in your case based on the facts of your case.

A remote backup server can store your data and keep it recoverable in case of a local data loss.

Unlike some states, such as Idaho, Washington law does not put a limit on the amount of damages recoverable in a wrongful death action.

«Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage».

When competent medical testimony establishes that medical monitoring is necessary to detect the potential onset of a serious illness or disease due to physiological changes indicating a substantial increase in risk of harm from exposure to a known hazardous substance, the element of injury and damage will have been satisfied and the cost of that monitoring is recoverable in tort.

Separately, proposals are afoot to raise the small claims limit to # 5,000 for road traffic accident claims — this would exclude most litigants from representation since legal costs are not recoverable in the small claims court.

With US - listed ETFs the US withholding tax is recoverable in a non-registered account: you'll receive a T5 slip that specifies the amount paid.

ETFs and mutual funds simply flow through the taxes to investors, so I think that the withholding taxes are recoverable in taxable accounts.

Not exact matches

Making the upper stage recoverable as well will lead to a further drop in costs but will also most likely impact performance.

The U.S. Department of Energy estimated «technically recoverable» shale oil resources of 345 billion barrels in 42 countries it surveyed, or 10 percent of global crude supplies.

This past April, the United States Energy Information Agency released an estimate that fracking has effectively increased the volume of recoverable gas in the world six times over, to the point where it could satisfy current demand for 250 years — and that isn't counting a number of countries including Russia where the necessary geological data were unavailable.

Last month, Oslo - based Rystad Energy shared a report that shows the U.S. as now having the world's largest reserve of recoverable oil, with 264 billion barrels in existing fields, unconventional shale and as - yet undiscovered areas.

Unlike fiat money, of which we can always print more, there's only so much recoverable gold in the world.

That's clearly false — only a small area of the oil sands deposit — about 4,750 square kilometres, or 3 times the land area of Los Angeles — is mineable, with the remainder accessible only with in situ extraction or, in some cases, not recoverable at all with current technology.

Technological advancements have just pushed the boundaries of recoverable oil and gas in the U.S. further, according to an announcement by the U.S. Geological Survey.

Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

You are citing hypothetical «oil in place» and pretending it's the same as recoverable reserves.

For example, North Dakota's Bakken + Three Forks formations are estimated (as of 2013, USGS) to have a mean of 7.4 billion recoverable barrels, making total oil in those formations only about a year's worth of U.S. dependence.

Transactions in digital currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;

It's there, in the Wolfcamp formation of the Permian, that the United States Geological Survey (USGS) recently discovered 20 billion barrels of «technically recoverable» oil, the largest deposit ever to be found in the U.S. Bloomberg reports that the deposit is worth an estimated $ 900 billion at today's prices.

I think your part in this conversation may be recoverable.

These spontaneous factors of a free decision not articulated in propositions, not explicitly focussed, not recoverable by introspection, can of course ex supposito never be critically judged and elucidated by reflection and theoretical verification, by express confrontation with the explicit precepts of the natural law, the Gospel and the Church.