The unanimous judgment by the Supreme Court emphasised the importance of the rule of law and, in particular, the constitutional
right of access to the courts which is inherent in the rule of law.
Not exact matches
[1] In the hearings,
which took place on 27 and 28 February 2018, Liberty's counsel told the
Court that the broad range
of data that the government can
access under the IPAct can be used
to build an intimate and comprehensive picture
of citizens» lives, thus undermining privacy
rights.
The government had continued
to press for the unsealing, as did The New York Times and NBCUniversal,
which cited the First Amendment
right of access to the
courts.
To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
To the fullest extent permitted by law, by your
access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to the Sites, you agree that: (i) any claim, dispute or cause
of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of action regarding the Sites or these Terms shall be brought individually (NOT AS PART
OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
OF A CLASS ACTION) in the federal or state
courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of the State
of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of New York, and, such claim / dispute / cause
of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of action will be resolved by a judge and THE
RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Y
RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent
to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to the personal jurisdiction
of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of such
courts as the exclusive tribunal for adjudication
of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of any such claim / dispute / cause
of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of action, expressly waiving any
right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Y
right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of forum non convenience, change
of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of venue or like
right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Y
right; (iii) your recovery will be limited
to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to actual out -
of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of - pocket costs involved in specifically
accessing the Sites (if any) and you expressly waive your
right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Y
right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
to all other forms
of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of recovery, including by way
of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause
of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of action; and (iv) the
court shall apply the law
of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of the State
of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of New York in adjudicating any such claim / dispute / cause
of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of action, except for the choice
of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of law / conflict
of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of law rules
of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of the State
of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of New York (or
of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York
of any other jurisdiction
which would result in the application
of the law of any jurisdiction other than the State of New York
of the law
of any jurisdiction other than the State of New York
of any jurisdiction other than the State
of New York
of New York).
Buri Rasa Village provides a stylish residential choice,
right in the centre
of the most popular and most frequented resort town in Koh Samui: Chaweng Beach.Set
right on the beach, the hotel offers easy
access to what makes Chaweng so popular: its four - kilometre - long beach
which hosts romantic dining every evening, and on the other side, the hurly - burly atmosphere
of a city that seems
to never sleep with its myriad
of dining, shopping and nightlife entertainment opportunities.Like the eye
of a typhoon, Buri Rasa Village offers a peaceful haven in the middle
of Chaweng, with its 32 elegantly appointed rooms available in five types: Deluxe, Premium Deluxe, Deluxe Garden
Court with Dip Pool, Deluxe Studio, and Family Suite.
Both Wiley and Kirtsaeng proposed that the
Court provide guidance
to district
courts in order
to direct their discretion in determining whether
to award attorney's fees
to a prevailing party «towar [d] the purposes
of the Copyright Act,»
which the
Court articulates as «enriching the general public through
access to creative works» and «enhancing the probability that both creators and users... will enjoy the substantive
rights» provided by the Copyright Act.
In Al - Dulimi, the European
Court of Human
rights held a UN member state
which is also a member
to the ECHR and that had implemented a Security Council decision on targeted sanctions by freezing the assets
of a blacklisted person, remains fully responsible for violation
of Art. 6 ECHR (
right of access to a
Court).
It follows that the issue then becomes whether the exemptions under the
Court Rules Act can be interpreted so that they are consistent with the common law
right of access to civil justice,
which is preserved, as the Attorney General submits, by the
Court Rules Act.
Instead, the
Court finds that by «establishing a gradual system» as regard the retention
of the worker status
which seeks
to safeguard the
right of residence and
access to social assistance, the Citizenship Directive itself already «takes into consideration various factors characterizing the individual situation
of each applicant for social assistance and, in particular, the duration
of the exercise
of any economic activity» (para. 60).
I am involved
right now in a case
to which the respondent Law Society
of BC was easily able
to secure a
court order sealing the record and denying the public
access to any hearings, though it is not clear
to us on what basis that order is supposedly justified.
Ms Jodhan sought a declaration under section 18.1
of the Federal
Courts Act that the standards implemented by the federal government for providing visually impaired Canadians with
access to government information and services on the Internet, and the way in
which those standards are implemented, denied her equal
access to government information and services, and thereby violated her
rights under section 15 (1) of the Canadian Charter of Rights and Freedoms...
rights under section 15 (1)
of the Canadian Charter
of Rights and Freedoms...
Rights and Freedoms... [more]
The
Court proceeded
to examine the necessity
of the measure in quite some detail, finding for example that an alternative compensation regime
which would allow pricing in the acquiring cost
of exclusive
rights could deter or prevent other broadcasters from requesting
access for short extracts (para 55).
penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme
Court or the Provincial
Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole
of the subject matter invites public attention, or a matter in
which the public has some substantial concern because it affects the welfare
of citizens, or one
to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation
to an issue
of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form
of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter
of public interest; Purposes
of this Act: 2 The purposes
of this Act are
to a) Establish a statutory
right to public participation for every individual; b) Encourage individuals
to express themselves on matters
of public interest; c) Promote broad participation in debates on matters
of public interest; d) Discourage the use
of litigation as a means
of unduly limiting expression on matters
of public interest; and, e) Preserve the
right of access to the
courts for all proceedings and claims that are not brought or maintained for an improper purpose.
The Supreme
Court gave us a test for this kind of question in Press - Enterprise II, which held that the First Amendment gives us a qualified right to access court proceedings and rec
Court gave us a test for this kind
of question in Press - Enterprise II,
which held that the First Amendment gives us a qualified
right to access court proceedings and rec
court proceedings and records.
... it seems
to us that if a state adopts a rule restricting
access to the
court which it is not required by international law
to adopt, there is a violation
of Article 6 ECHR unless the rule otherwise meets the requirements for the limitation
of that
right.
Whether or not one treats the majority opinion's public forum analysis
of social networks as «dicta» (
which is legalese for «stuff in an opinion I don't like so I don't consider binding»), all 8 Supreme
Court justices agreed that subscribers have a First Amendment
right to access information and speak online, and that the government can not prohibit a person from
accessing content that has nothing
to do with preventing repeat offenses — even when the repeat offense is child molestation, and the evidence arguably supported that child molesters were particularly prone
to repetition.
When considering the most appropriate forum for a dispute,
which may be the administrative or the judicial system, we ask that this
Court keep the importance
of access to justice and the goals
of human
rights protections in mind.
The judgment was handed down in an appeal filed before it on the ground that a Decree issued by one
of the Emirates
which restricted the
right of the appellant
to file a civil claim before the
court of competent jurisdiction was unconstitutional because, it was said, that it denied the appellant's constitutional
right to have unfettered
access to the civil
courts of the country.
The Supreme
Court reminds us that «the
right of access to justice... is not restricted
to the ability
to bring claims
which are successful,» (para [29]-RRB-.
The order was made with a view toward limiting
access to web sites through
which the defendants in the underlying action had been advertising and selling products in breach
of the plaintiff's intellectual property
rights and contrary
to court orders.
Both solutions will occur because the power
of the news media and
of the internet, interacting, will quickly make widely known these types
of information, the cumulative effect
of which will force governments and the
courts to act: (1) the situations
of the thousands
of people whose lives have been ruined because they could not obtain the help
of a lawyer; (2) the statistics as
to the increasing percentages
of litigants who are unrepresented and clogging the
courts, causing judges
to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers
of people being denied Legal Aid and
court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem
which continues
to grow worse; (6) people prosecuted for «the unauthorized practice
of law» because they tried
to help others desperately in need
of a lawyer whom they couldn't afford
to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them
to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision
of legal services,
which is why they might block the expansion
of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as
to be able
to solve this problem; (9) that when members
of the public
access the law society website they don't see any reference
to the problem that can assure them that something effective is being done and, (10) in order for the rule
of law, the Canadian Charter
of Rights and Freedoms, and the whole
of Canada's constitution be able
to operate effectively and command sufficient respect, the majority
of the population must be able
to obtain a lawyer at reasonable cost.
The relevant principles included, in particular, «the constitutional
right of access to justice: that is
to say,
access to the
courts (and tribunals...)», [65]
which in turn is an aspect
of the Rule
of Law.
The constitutional text,
which includes specific
rights of access to courts in Charter and criminal cases, but not in other situations, must remain supreme.
In particular, it is very doubtful that the
right of access to superior
courts constiutionalized in Trial Lawyers extends
to provincial
court and
to administrative tribunals (
which is
to say,
to the sort
of decision - maker at issue in Unison!)
While the
Court stopped short
of conferring a freestanding constitutional
right to healthcare, it stated that s. 7
of the Charter (
which provides that everyone has the
right to life, liberty and security
of the person and the
right not
to be deprived thereof except in accordance with the principles
of fundamental justice) confers a
right to equitable
access to medical services legally available in Ontario.
Mostly, the
right of access to courts (
which the parties tended
to refer
to as
access to justice, although — as the provinces pointed out —
access to justice involves many different things) was said
to flow from the constitutional principle
of the Rule
of Law,
which the Supreme
Court has long recognized, albeit giving it a very narrow meaning.
The Supreme
Court of Canada confirmed that the charging of court fees is a legitimate exercise of provincial jurisdiction, but concluded that court fees which effectively deprive parties of their right to access superior courts are unconstituti
Court of Canada confirmed that the charging
of court fees is a legitimate exercise of provincial jurisdiction, but concluded that court fees which effectively deprive parties of their right to access superior courts are unconstituti
court fees is a legitimate exercise
of provincial jurisdiction, but concluded that
court fees which effectively deprive parties of their right to access superior courts are unconstituti
court fees
which effectively deprive parties
of their
right to access superior
courts are unconstitutional:
While this is a laudable goal, lost in this attempt is the important principle
of access to the
courts,
which will be eroded by this legislation, and the long recognized importance and value
of one's reputation and the
right to protect it.
Section 6 is designed
to enable individuals
to access a remedy within the UK for breaches
of their Convention
rights, in respect of which the UK government would be answerable before the European Court of Human R
rights, in respect
of which the UK government would be answerable before the European
Court of Human
RightsRights.
[20] Departing from the open
court principle, which in this case would entail restricting the public right of access to the reasons of the Court, should not be embraced lightly, and, as the Court policy provides, should generally only involve exceptions recognized by law, serious risks to privacy, and other important interests such as the administration of jus
court principle,
which in this case would entail restricting the public
right of access to the reasons
of the
Court, should not be embraced lightly, and, as the Court policy provides, should generally only involve exceptions recognized by law, serious risks to privacy, and other important interests such as the administration of jus
Court, should not be embraced lightly, and, as the
Court policy provides, should generally only involve exceptions recognized by law, serious risks to privacy, and other important interests such as the administration of jus
Court policy provides, should generally only involve exceptions recognized by law, serious risks
to privacy, and other important interests such as the administration
of justice.
This is a story that goes
right to the heart
of Facebook's role in civil society, a role
which it actively
courted for years, talking up Facebook's political advertising's effectiveness in official case studies and giving researchers special
access to company data for studies on how the social network could influence people.
Such interventions have clearly failed
to sway the
court, however,
which notes in its judgement today earlier conclusions by the European Commission that «the large - scale
access by intelligence agencies
to data transferred
to the [U.S.] by Safe Harbor certified companies raises additional serious questions regarding the continuity
of data protection
rights of Europeans when their data is transferred
to the [U.S.].»
After a
court case in late November 2017, the IRS won the
right to gain
access to some 14,000 Coinbase accounts, in
which users had Bitcoin - only transactions in excess
of $ 20,000, between the years
of 2013 and 2015.
Just in the last two months, Arizona has taken two CAP bills all the way
to the Supreme
Court, where they were refused review: HB 2036, the 20 - week abortion ban, and HB 2800,
which attempted
to deny women with Medicaid coverage the
right to access health care services at a provider
of their choosing.
Visitation is an agreed upon or
court ordered period
of time during
which the non-custodial parent will have the same
right of access to the minor children as does the custodial parent.
The High
Court indicated that infrastructure,
which would be needed
to exploit under - sea resources, is not inconsistent with public
rights of fishing, navigation and innocent passage:» [N] either the public
right to navigate, nor the
right of innocent passage, require free
access to each and every part
of the territorial sea», joint judgment
of Gleeson CJ, Gaudron, Gummow and Hayne JJ, Croker Island, para 96.
After finding approximate common law equivalents for these core concepts
of traditional law and custom (and denying some interests for
which no equivalent can be found) the
Court then determines the extent
to which the creation
of rights to control
access to land under the non-Indigenous property system would extinguish them.
The High
Court indicated that infrastructure,
which would be needed
to exploit under - sea resources, is not inconsistent with public
rights of fishing, navigation and innocent passage:» [N] either the public
right to navigate, nor the
right of innocent passage, require free
access to each and every part
of the territorial sea», joint judgment
of Gleeson CJ, Gaudron, Gummow and Hayne JJ, Yarmirr, para 96.
But that could lead
to a
court challenge in
which the group asks for
access on the basis
of access rights granted
to other groups, such as the Boy Scouts or the Salvation Army.