He also represents solicitors and law searchers and their professional indemnity insurers and has advised in
respect of claims against insurance brokers.
Lasairfhíona also represents solicitors and their professional indemnity insurers and has advised in
respect of claims against insurance brokers and medical professionals.
A special compensation fund exists under RESA to protect the public against the loss of trust money; however, the Real Estate Services Regulation limits the maximum amount that may be paid to a single claimant to $ 100,000, and the maximum total amount that may be paid in
respect of claims against a single brokerage to $ 500,000.
Not exact matches
While Evangelicals greatly
respect the way in which the Catholic Church has defended many historic Christian teachings
against relativizing and secularizing trends, and recognize the role
of the present pontiff in that important task today, they believe that some aspects
of Catholic doctrine are not biblically warranted, and they do not accept any
claims of infallibility made for the magisterial teachings
of popes or church councils.
It may indeed seem that what I have done so far is to offer a tentative argument
against the
claims of an exemplarist interpretation
of Christ's work, namely, that if he is offered us as an exemplar his experience is in crucial
respects too relative and limited to offer a wholly significant guide - post to men and women in all the circumstances
of their lives.
I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and
against: (a) any costs,
claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach
of any
of the representations, warranties or agreements made by you; (b) any
claims of or
respecting slander, libel, defamation, invasion
of privacy or right
of publicity, false light, infringement
of copyright or trademark, or violations
of any other rights arising out
of or relating to any use
of the Content as authorised herein.
«The agreed settlement
of # 3,100,000 is in full and final settlement
of all and any
claims by the EFL
against the club and its officers, in
respect of the FFP regulations for season 2013/14,» the league's statement said.
A similar incident had taken place in 2013 when the Leeds Supporters» Trust registered a complaint
against Millwall fans for indecorous chants aimed at the victims
of the tragedy in Istanbul yet once again mutual
respect was disbanded when it came to
claiming bragging rights.
If you are involved in an incident causing injury or property damage that was (or is alleged to have been) your fault your insurance cover may indemnify you in
respect of the legal costs
of defending a third party
claim and any resulting damages awarded
against you.
Finally, the Electoral Commission needs to recognize that its integrity and reputation have been seriously called into question by the Abu Ramadan & Evans Animako trilogy, especially with
respect to the list it produced
claiming only 56,772 NHIS registrants on the register
of voters, as
against the total 14,031,000 voters on the register.
HBO does not make any representations or warranties as to the security
of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any
claim against us with
respect to such sites.
By posting or uploading any Content on the Website: (i) you understand that if your Work is in aliterary categoryincluded on the Book Country Website, and complies with these General Terms
of Use, your Work may be made accessible to users
of the Website and members will be able to review, comment on it and rate it; (ii) you represent and warrant that (A) the Content does not contain any libelous matter or matter otherwise contrary to law or violate any rights
of privacy or other personal or property right whatsoever and (B) you own or control all rights in your Content, that such Content is original and does not, and will not, infringe the copyright, trademark or any other right
of any person or entity, and that any «moral rights» in the Content have been waived; and (iii) you grant to us a non-exclusive, worldwide, royalty - free, irrevocable, perpetual, transferable right and license (A) to display the Content on the Website, and (B) with
respect to Content other than your Work, to use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, on the Website or in any formats and through any media, as we see fit, and you shall have no
claims against Book Country for such use or non-use.
--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in relation to a transaction financed by the agreement, any
claim against the supplier in
respect of a misrepresentation or breach
of contract, he shall have a like
claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
75A -(1) If the debtor under a linked credit agreement has a
claim against the supplier in
respect of a breach
of contract the debtor may pursue that
claim against the creditor where any
of the conditions in subsection (2) are met.
With
respect to a consumer credit sale, an assignee
of the rights
of the seller is subject to all
claims and defenses
of the buyer
against the seller arising out
of the sale, notwithstanding an agreement to the contrary, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time the
claim or defense is asserted
against the assignee.
The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning
of Section 15
of the Securities Act free and harmless from and
against any and all
claims, demands, liabilities and expenses (including the reasonable cost
of investigating or defending such
claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out
of or based upon: (i) any untrue statement, or alleged untrue statement,
of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any
of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with
respect to Shares
of the Funds that are the subject
of the
claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.
The Irish Wolfhound Foundation does not make any representations or warranties as to the security
of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any
claim against us with
respect to such sites.
I, Tomonobu Itagaki, announce that a settlement was amicably reached on February 26th, 2010 upon a mutual agreement with
respect to the lawsuit for remuneration, etc. that I filed
against Tecmo, Ltd.
claiming the payment
of unpaid remuneration, and unpaid wages, and payment
of compensation for dismissal, etc..
I think the
claims made by the skeptics in this
respect are extremely optimistic and what's more they disgregard (or rather do not accept) the negative consequences
of the increased warming which will have to be balanced
against any gains from increased crop yields.
For people who don't read skeptic blogs it will be news that there are
claims of scandal and corruption about temperature data adjustments around the world,
against institutions that are (or were)
respected household names.
vindicated the IPCC's
claim against Channel 4 in spirit and in substance, and upheld most
of the formal complaints made by those who
respect the IPCC process.
We can assist with
claims in
respect of disability discrimination
against a school.
Collins & Lacy, P.C. medical malpractice attorneys are highly
respected for their vigorous defense
of health care providers and practitioners
against the complicated and often emotion - filled
claims of malpractice.
Involved a dispute over the application
of the rule
against recovery by a shareholder
of reflective loss, and a double derivative
claim made in
respect of a Cayman company with a BVI parent.
Acting for the defendants in
respect of substantial and complex fraud
claims arising out
of a commercial transaction, which involved dealing with freezing injunctions obtained
against the defendants and the co-ordination
of actions in various jurisdictions.
The hedge fund, for which the firm was acting in
respect of its defence
of a US$ 70 million
claim, was successful in the Court
of Appeal in overturning the grant
of an injunction preventing it from continuing its fraud proceedings commenced
against the bank in Texas.
Because neither party obtained a monetary recovery, the
claims against trustee were not dismissed, and plaintiff obtained an equitable judgment
against trustee, the case — with
respect to routine costs — fell within the catch - all provision
of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.
In Harlequin Property (SVG) Ltd v Wilkins Kennedy [2016] EWHC 3233 (TCC), [2017] All ER (D) 11 (Jan) Coulson J had dismissed most
of the claimant's
claim against the defendant but did allow a sizeable
claim based upon negligent advice in
respect of the building contract.
The issue was whether the principle provided a defence to a
claim brought by a company involved in a fraud,
against a third party, in
respect of losses suffered as a result
of the fraud.
The motion judge correctly ruled that, where there was no evidence that David Pearlman was in control
of the vehicle at the time
of the accident or that he gave his consent to Thomas» operation
of the vehicle, he was entitled to summary judgment with
respect to the negligence
claim against him.
Crowden had obtained judgment
against their IFA in
respect of a
claim for negligently advising them to purchase investment bonds, which had caused Crowden to suffer substantial losses when the bond issuer became insolvent.
Appeared in the long running Kensington v Congo litigation including the important Court
of Appeal decision in November 2007 [2008] 1 W.L.R. 1144 on the availability
of the privilege
against self - incrimination in
respect of corruption and bribery
claims.
Advised the private equity firm, TERRA FIRMA, in
respect of its US$ multi-billion misrepresentation
claim against Citigroup arising out
of the takeover
of EMI.
Successfully settled for CREDIT SUISSE TRUST in Guernsey a High Court
claim against an international bank for breach
of duty and fraudulent misrepresentation in
respect of advice given to invest in a US$ 50m property project in Dubai.
It was not an acknowledgment in
respect of the plaintiff's
claim against Davis Systems.
Promptly after receipt by a person entitled to indemnification pursuant to the foregoing Section 9.1 or 9.2 (the «Indemnified Party»)
of notice
of the commencement
of any action, the Indemnified Party will, if a
claim in
respect thereof is to be or has been made
against a party who has agreed to provide indemnification under Section 9.1 or 9.2 (an «Indemnifying Party»), promptly notify in writing the Indemnifying Party
of the commencement thereof; but the omission to so notify the Indemnifying Party will not relieve it from any liability which it may have to the Indemnified Party except to the extent the Indemnifying Party is prejudiced by the delay or failure to notify it.
Examples
of his recent case - load are: led by Ed Pepperall QC in a large - scale action arising from a defective share sale; defended solicitors from allegations arising from property transactions, including alleged breaches
of the Etridge guidance; acting for a claimant
against solicitors who negligently handled his litigation; defending an IFA from allegations
of inappropriately risky investment advice; acting for solicitors
claiming contributions from another firm in
respect of their own liability for breach
of trust; advising clients on a
claim against surveyors for losses arising from negligent property valuations.
With
respect to the
claims against CAW - National, the Court upheld the Court
of Appeal's decision that CASAW - National and CASAW, Local 4 were separate legal entities.
(5.2) If there is more than one insurer
against which a person may
claim benefits under subsection (5) and the person was, at the time
of the incident, an occupant
of an automobile in
respect of which the person is the named insured or the spouse or a dependant
of the named insured, the person shall
claim statutory accident benefits
against the insurer
of the automobile in which the person was an occupant.
The DMCA provides «safe harbor» protection
against certain copyright infringement
claims in
respect of 3rd party copyright infringing content posted on the internet service organization's web site.
Fiona is experienced in handling
claims on Primary and Excess layer policies and as Lead or Follow insurer
against a range
of professions including Solicitors, Architects, Surveyors, Accountants and IFAs in
respect of allegations
of negligence and / or fraud.
A
Claim was brought
against our client by an overseas company in
respect of an alleged debt owed to it in the sum
of around # 1.2 m.
Recovery
claims against an IFA by the Financial Services Compensation Scheme in
respect of Keydata / SLS bonds;
The Lawyer describes Emily as instructed in weighty disputes, citing her recent defence
of Barclays
against a $ 240m indemnity
claim by UniCredit, the major Italian bank, in
respect of a sophisticated structured finance deal between the two banks and that she acted for the UAE's Crescent Petroleum in knocking out an attempt by the National Iranian Oil Company to challenge an arbitration award
against it.
A
claim against an IFA in relation to allegations
of negligent advice in
respect of investments in Arch Cru products (value: approx.
Claims against private hospitals, the catholic church and local authorities have involved a number
of cases which have resulted in the development
of the law in
respect of vicarious liability.
PwC, as receiver
of the Strategic Finance group
of companies, including with
respect to
claims against former company directors and auditors
In a Court
of Appeal case, Lady Justice King and Lord Justice Hamblen has found in favour
of Christina Estrada and dismissed Dr Al - Juffali's appeal, and permitted her financial
claims against him in
respect of their marriage to proceed.
Reported cases include: Gill v Meyers (reasonableness and UCTA), Films Rover v Cannon Film Sales (test for grant
of mandatory interlocutory injunction), Standard Chartered Bank v PNSC and others (for SGS); Mattis v Toussaint (acted for defendant in successfully resisting
claim for finder's fee in
respect of stolen painting), Yukong Lines v Rendsburg — The Rialto (tortious conspiracy and ancillary injunctive relief
against controller
of corporation), REC v Thames Water (test for grant
of interlocutory injunction in field
of electricity supply), De Molestina and Others v Ponton (acted for defendant in successfully rescission
of share distribution agreements), and Marubeni Corporation v Government
of Mongolia (
claim on state guarantee)
Vakis T [2002] 2 Lloyd's 465: Chris was instructed on behalf
of the shipowners in this matter which involved a successful appeal to the Commercial Court
against an award
of LMAA arbitrators in
respect of a failed unsafe berth
claim.