Sentences with phrase «service out of the jurisdiction»

The previous restrictive reading of the BVI CPR had led to the situation that foreign judgments obtained in all but a small number of countries could not be enforced in the BVI because there was no «gateway» to provide for service out of the jurisdiction.

I suppose there could be interesting questions if the Twitter user was not in the jurisdiction of the court, depending on (among other things) whether the rules of practice permit service out of the jurisdiction without prior leave of the court.

First, unless the defendant, anonymous Twitter user, resides in Canada (where there is a bilateral reciprocal enforcement of foreign judgments treaty with the UK), the service out of the jurisdiction without prior leave of the court will require a letter of request / letters rogatory (particularly if he / she resides in the U.S.).

It classified a privacy action as a tort that will support a class action (called a «group action'there) and also service out of the jurisdiction.

The court therefore found that because the claimant was suffering a continuing financial loss within this country, it could exercise its discretion to allow service out of the jurisdiction.

Because the accident occurred outside the jurisdiction, and the defendant was domiciled outside the jurisdiction, the only basis upon which the claimant could argue for service out of the jurisdiction was that the damage was sustained within the jurisdiction (CPR 6.20 (8)(a)-RRB-.

Key issues: rectification of the share register; service out of the jurisdiction; and forum non conveniens.

He has extensive experience of commercial litigation (including advisory work) in a wide variety of areas, both in the English Commercial Court (and on appears therefrom) and also domestic and international arbitrations, such as carriage of goods, sale of goods, fraud claims, asset tracing, insurance and reinsurance, contractual and non-contractual termination, jurisdictional disputes, worldwide and other freezing orders, anti-suit injunctions, arbitration disputes, service out of the jurisdiction, guarantee disputes, bills of exchange, and documentary credits.

We will also seek to include other cases which may be of interest in terms of procedural decisions, for example service out of the jurisdiction or anti-suit injunctions.

Teare J stated that the claim did not come under any of the jurisdictional gateways as set out in Practice Direction (PD) 6B and therefore the order for service out of the jurisdiction must be set aside.

The court held that the NPO made against the UAE bank should be set aside on the basis that the court did not have jurisdiction to permit service out of the jurisdiction of an application for Norwich Pharmacal relief.

Teare J concluded, obiter, that even if he was found to have erred in his findings on the jurisdictional gateways, he considered that this was not a proper case in which the court should exercise its discretion and order service out of the jurisdiction due to the risk as to whether such an order would be enforceable in the UAE or indeed, consistent with UAE law.

He considered the factors for and against granting retrospective permission for service out of the jurisdiction.

The six - month period for service out of the jurisdiction expired on 5 January 2006 and the defendant's English solicitors stated that they intended to dispute jurisdiction.

Not exact matches

The Irish DPC has jurisdiction over Facebook because its international services all run out of its Irish headquarters — all users outside North America currently agree to the terms of services coming out of that office.

(a) If Goods or Services are primarily being provided in the United States or any other location outside of Canada, any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located within Erie County, New York, U.S.A. and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise avaService are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise avaservice of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Except as provided in Section 25 below, you irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco, California, for all disputes arising out of or related to your use of any of the Services.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

Accordingly, railroads that transport petroleum crude oil in commerce by rail are subject to the authority and jurisdiction of the Secretary, including the authority to impose emergency restrictions, prohibitions, recalls, or out - of - service orders, without notice or an opportunity for hearing, to the extent necessary to abate the imminent hazard.

Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.

They do not usually adopt out of the service territory but may if area is not under geographic jurisdiction of another golden rescue.

These Terms shall be governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco, California, U.S.A. in all disputes arising out of or relating to the Service.

I felt like I was the only person out there with some of my crazy ideas and trying to implement things like working virtually from at one point halfway around the world to now across the country from my jurisdiction trying to deliver services not only remotely but online.

(The rules of civil procedure in some jurisdictions set out the grounds for service ex juris, which are themselves a checklist of connecting factors.

Through these relationships and contacts, Marks IP Law Firm has access to a large network of lawyers practising in China, Korea, Hong Kong, Taiwan, Singapore, Malaysia, Thailand, Indonesia and other jurisdictions worldwide and will stand out as one of the few Japanese IP firms which can provide legal services to clients who are doing or planning to do business in the growing Asian economy.

The broadest safe harbor is found in Rule 5.5 (c)(4), whereby a lawyer is allowed to temporarily practice if the legal services «arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.»

There is no fault here of any vendor or software attempting to replicate services which are being rolled out in the U.S.. It's simply a function of the differences in data in our jurisdictions.

The proposed Rule 5.5, governing multijurisdictional practice, would allow a lawyer admitted outside New York to provide legal services within the state on a temporary basis in several circumstances, including the catch - all of providing services that «arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.»

Some of the supporters of ABS accuse people like me of self - interest, protectionism and so on, but people like me are pointing out to them the compelling evidence of expensive harm to the public in other jurisdictions when solicitors are erased from the services.

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

«When you consider LEGUS» global reach, easy and trusted in - out referrals, seamless client service in foreign jurisdictions, superior quality firms and an incredibly collegial group of attorneys, the cost of membership is an unbeatable value.

With non-EU-domiciled defendants such as the Canadian Holdings, this turns on the UK Civil Procedure Rules, and in particular whether the court should order service of the proceedings on a defendant out of the jurisdiction.

[13] Paragraph (c)(4) permits a lawyer admitted in another jurisdiction to provide certain legal services on a temporary basis in this jurisdiction that arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted but are not within paragraphs (c)(2) or (c)(3).

(a) that the Claimants contracted with the Defendants to purchase package holidays at the Club Aguamar Hotel and stayed at the Club Aguamar Hotel between the dates set out in the schedule to the order, and (b) that the Claimants suffered gastric or other illness of various durations, and / or personal injury, and / or distress, inconvenience, loss and damage as a result of improper performance of the provision of services under the holiday contract, in respect of which the Claimants hold the Defendant liable (i) under the Package Travel, Package Holidays and Package Tours Regulations 1992, and / or (ii) by reason of breaches of the said contracts of various dates for the provision of holidays, made in writing, and within the jurisdiction of this Court, and / or (iii) by reason of the Defendant's negligence during the said period, and / or (iv) by reason of the Defendant's misrepresentations made on various dates and inducung the Claimants to enter the said contracts for the provision of holidays.

(i) The presence of assets within the jurisdiction is not a pre-condition for the court's jurisdiction under CPR 6.20 (9) to permit service of a claim form out of the jurisdiction to enforce a foreign judgment.

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.

Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.

CPR 3.10 can not be used to correct an error in service where proceedings have been purportedly served out of the jurisdiction, but in a method which is not valid in the relevant jurisdiction.

Mr Tamiz, who claimed to have been defamed by comments posted on the «London Muslim Blog» between 28 and 30 April 2011, appealed a decision in the court below to decline jurisdiction in his claim against the respondent corporation and to set aside an order for service of proceedings on Google out of the jurisdiction.

You and SimplyInsured agree that any dispute, claim or controversy arising out of or relating in any way to the SimplyInsured Service, our website or user interfaces, or these Terms of Use shall be determined by binding arbitration or small claims court instead of in courts of general jurisdiction.

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of the Services.

For the expansion, Armstrong said that Coinbase reached out to a number of countries in the region, writing letters and engaging local regulators in dialogue about its ability to extend its services to their jurisdictions.

Data Mining Project: In and Out - of - County Foster Care Placements and Receipt of Mental Health Services (PDF - 1157 KB) California Child Welfare Council, Out - of - County Mental Health Services Workgroup, & Data Linkage and Information Sharing Committee (2011) Examines characteristics of children in foster care who received mental health services and details differences among children placed in and outside of their county of jurisdiction in CalServices (PDF - 1157 KB) California Child Welfare Council, Out - of - County Mental Health Services Workgroup, & Data Linkage and Information Sharing Committee (2011) Examines characteristics of children in foster care who received mental health services and details differences among children placed in and outside of their county of jurisdiction in CalServices Workgroup, & Data Linkage and Information Sharing Committee (2011) Examines characteristics of children in foster care who received mental health services and details differences among children placed in and outside of their county of jurisdiction in Calservices and details differences among children placed in and outside of their county of jurisdiction in California.