Sentences with phrase «rule on immunity»

In the Saudi case, the six judges were guided by the Al - Adsani ruling on state immunity (Al - Adsani v United Kingdom (2001) 34 EHRR 273), but Al - Adsani did not rule on immunity of individuals officials, only of the state itself.

Not exact matches

But for good measure, and given the risk of appeal, Justice Macintosh went on to give his reasons denying Burnaby's application and for supporting the NEB's reasoning in its Ruling No. 40 concluding (at para 80) that «under both... paramountcy and interjurisdictional immunity... Burnaby is precluded from seeking to apply its bylaws so as to impede or block any steps Trans Mountain must take in order to safely prepare and locate the Expansion Project.»

The Breaking the Rules 2014 report documents Nestlé practices, such as promoting Nan HA formula on its Chinese - language website based in Hong Kong with the claim: «OPTI PRO quality protein helps enhance immunity».

And the extent of the parliamentary immunity also depends on the rules of the national parliament, so again might differ from one MEP to the next!

«I am here in Zenith bank, Ado Ekiti, I got a wind that the EFCC blocked my account and the accounts of some of my associates and I see this as very illegal, if you want to fight corruption, you fight corruption based on the rule of law, I am a sitting governor and under section 308 of the Nigerian constitution, I enjoy immunity.»

In 1954, the Supreme Court in its landmark Brown v. Board of Education decision ruled that separate school facilities based on race are inherently unequal and thus in violation of the 14th Amendment which states, in part: «No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.»

An en banc panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, ruled 7 - 4 that the two officers did not have qualified immunity over handcuffing the student identified as C.B., who had failed to take his medication for attention deficit hyperactivity disorder on what the student later called a «rough day.»

However, a different 7 - 4 lineup of the court ruled that the officers who responded to a call from school officials were entitled to immunity over a claim that their seizure of C.B. on the playground violated the boy's Fourth Amendment rights.

Attached to the wall, hand - sanitiser dispensers of the type you find in hospitals reinforce the impression of arbitrary rules being enforced (speaking on the opening day, Sworn cites Eula Biss's On Immunity (2014), which suggests that these devices serve no purpose beyond reassuranceon the opening day, Sworn cites Eula Biss's On Immunity (2014), which suggests that these devices serve no purpose beyond reassuranceOn Immunity (2014), which suggests that these devices serve no purpose beyond reassurance).

However this power «enjoys any form of immunity from the rules of the EC Treaty on freedom of establishment, can not, in particular, justify the Member State of incorporation, by requiring the winding - up or liquidation of the company, in preventing that company from converting itself into a company governed by the law of the other Member State, to the extent that it is permitted under that law to do so».

The Eighth Circuit Court of Appeals ruled on Monday that a trio of Missouri social workers are entitled to qualified immunity after recommending a guardianship arrangement for a child that allegedly led to the child's death.

In so holding, the Court rejected the Commonwealth Court's reliance on a per se rule that volunteer ambulance companies are not entitled to immunity.

In particular, as part of a more qualitative approach, one needs to have a look whether the current perceived «turbulences» have also by now reached the more fundamental layers of international law, i.e. meta - rules such as the ones on sources, State responsibility, State immunity, treaty interpretation, or res judicata effect of international court decisions must be abided by the parties involved, to name but a few, the general acceptance of which is indispensable for a functioning international legal system.

46 To that end, it should be noted that, on the basis of customary rules of general international law and those of multilateral agreements, the Head of State enjoys a particular status in international relations which entails, inter alia, privileges and immunities.

The general rule is the a national government has sovereign immunity from the claims of everyone for any reason, unless that nation's law expressly permits such lawsuit, and even when such lawsuits are allowed, they are only allowed on the terms and conditions of the government being sued when it waives its sovereign immunity in whole or in part.

The ruling means that experts providing advice on cases are now liable if their advice is deemed negligent, removing the immunity from suit for breach of duty.

The trial court ruled in favor of the defendants early in the case proceedings, finding that the plaintiff could not sue the government for its alleged negligence, based on sovereign immunity grounds.

The Virginia Supreme Court is expected to rule soon on whether tax - exempt physician foundations should have immunity from malpractice liability.

The KRG relied on a decision by Court of Final Appeal of the Hong Kong Special Administrative Region in Democratic Republic of Congo and others v FG Hemisphere Associates LLC [2011] HK CFAR 395 where the Court followed Mighell in the context of the PRC rule of absolute immunity, rather than restrictive immunity which does not operate in respect of commercial transactions.

If the Court decides that there is, on the proper view of the contract and in accordance with its own procedural rules, a waiver of such immunity, it is hard to see how any public policy issues can arise and none were suggested here.

Interestingly, the NMTCA specifically abolishes the designations of «discretionary» and «ministerial» acts, and instead it relies on a specific set of enumerated exceptions to the general rule that government actors are entitled to immunity.

; Using state immunity to avoid enforcement of arbitral awards: a case study; Reflections on the new ICC Mediation Rules; The new CEFAREA rules; Conferences and eRules; The new CEFAREA rules; Conferences and erules; Conferences and events

The Supreme Court unanimously dismissed the Government's appeals and ruled that the doctrine of state immunity was no bar to the claims, and that the Government and the various officials sued had not, on the assumed facts, shown any entitlement to rely on the doctrine of foreign act of state so as to defeat the claims brought against them.

Spesia & Taylor» attorneys possess both a depth of knowledge and significant real - world experience applying the Illinois Tort Immunity Act to obtain favorable rulings on related clams and issues.

But in its 6 - 1 ruling, the high court said Canada's State Immunity Act expressly bars any claim on Canadian soil by her son or Kazemi's estate for torture acts — however «heinous» — that occurred abroad.

It is worth fleshing out a few considerations on analogies and inconsistencies in the application of immunity rules in this area.

In a Joint Declaration issued in Trieste on 18 November 2008, Italy stated that it respected Germany's decision to apply to the ICJ and declared that it is «of the view that the ICJ's ruling on State immunity will help to clarify this complex issue.»

This argument is nothing less than a head on attack on the Judicial Immunity Doctrine, as it challenges the judges reasoning for making a ruling.

It found that the Code is paramount over statutory immunity provisions, that deliberative secrecy was irrelevant when the complainant only sought to rely on documents that were already disclosed, and that the rule of collateral attack was restricted to situations where a decision was sought to be overturned as opposed to having its facts re-litigated (¶ ¶ 64 - 66).

The Rome Statute; The Rules of Procedure and Evidence; The Elements of Crimes; The Regulations of the Court; The Regulations of the Registry; The Code of Professional Conduct for counsel; The Code of Judicial Ethics; The Staff Regulations; The Financial Regulations and Rules; The Agreement on the Privileges and Immunities of the International Criminal Court; Agreement between the International Criminal Court and the United Nations; The Headquarters Agreement with the Host State; Any other material as decided by the Presidency in consultation with the Prosecutor and / or the Registrar.

However, the Court of Appeals ruled that they had absolute immunity on both claims, theorizing that prosecutors are entitled to absolute immunity when out - of - court acts cause injury only to the extent a case proceeds in court, but are entitled only to qualified immunity if the constitutional wrong is complete before the case begins.

Extending the spousal immunity rule to common - law couples in criminal matters is unlikely to have any bearing on family law, Greater Toronto - area family lawyer Andrew Feldstein tells Law Times.

Extending the spousal immunity rule to common - law couples in criminal matters is unlikely to have any bearing on family law, Greater Toronto - area family lawyer Andrew Feldstein... Read more