Shepherd Offshore Ltd v North Tyneside Council; R (Shepherd Offshore Ltd) v North Tyneside Council (2013, TCC and Admin Court) Acted for defendant authority in two
sets of proceedings (one a claim under the Public Contracts Regulations 2006, the other a JR challenge to the alleged grant of state aid) which challenged arrangements for installation of an industrial crane.
Learned senior counsel placed reliance on paragraph 26 - 011 of Chitty on Contracts 28th Edition and would submit that the order passed by learned single Judge on 9/9/09 in petition under Section 9 can estop the claimant only if there was a final and conclusive judgment on merits by a Court of competent jurisdiction, there was identity of the parties and subject matter in the two
sets of proceedings.
Earlier proceedings The trial judge noted that Yugraneft and Sibir between them had brought three previous
sets of proceedings (i) in the British Virgin Islands (BVI), (ii) before the Russian arbitrazh courts, and (iii) before the Russian criminal investigation authorities.
The allegations span a number of years and a number of different
sets of proceedings ultimately resulting in a civil recovery order.
The JSC BTA Bank involved two heavy trials, the first, for the committal of Mukhtar Ablyazov, lasted some 3 weeks; the second, on the substantive merits of 3
sets of proceedings, lasted for 44 days and resulted in a judgment for in excess of US $ 1.5 bn.
Two
sets of proceedings before the court concerned the new unified contract, introduced on 1 April 2007, for the provision of publicly funded civil legal aid work.
2005 to 2009 saw around two million more
sets of proceedings started each year than in 2016.
««Another important part of the resolution of
both sets of the proceedings was the establishment of the formal process to secure redress for the more than 200 suppliers impacted.
In the second
set of proceedings, the ACCC alleged that in 2011 Coles pursued some suppliers for a variety of payments, including payments for «profit gaps», waste and fines or penalties for alleged short or late deliveries by suppliers.
The second
set of proceedings in less than a week come after Governor Andrew Cuomo, among others, called on the ethics panel to investigate a sexual harassment scandal that centered on Assemblyman Vito Lopez, who was censured by an assembly committee over alleged sexual harassment charges.
We have already covered the opinion handed down by Advocate General Cruz Villalón (see here), who suggested that the Court should allow Article 27 of the Charter in combination with the Directive to be applicable and to exclude thus the application of the national norm that was contrary to EU law despite
the setting of proceedings between private parties.
In support of this: Civil Legal Aid (Procedure) Regulations 2012 governs the conduct of civil legal services including reg 38 (3)(emphasis added): «(3)... the Director must issue a separate certificate for each --(a) form of civil legal services for which the individual qualifies; and (b)
set of proceedings to which a determination relates, unless the Director decides that the proceedings are so closely connected that they should be covered by a single certificate.»
The numerous benefits of arbitration range from the flexible nature of arbitral procedure, over which the parties have quasi-absolute control, to the ease of enforceability of arbitration awards and the fact that IP - related issues can be resolved in a single
set of proceedings rather than having to be litigated in every jurisdiction in which the IP right is allegedly infringed.
Even if this Court has erroneously assumed jurisdiction under a statute, it does not mean the Court can not decline jurisdiction in
another set of proceedings between the same parties if there are several subsequent judgments of this Court and Division Bench of this Court clarifying the legal position in regard to the jurisdiction of Court under the statute.
Not exact matches
«My office will continue to fight for victims» best interests throughout the bankruptcy
proceedings, and engage with all parties, including The Weinstein Company and Lantern, in an ongoing effort to advance the principles we
set forward when we filed our complaint: ensuring that victims are compensated, employees are protected moving forward, and perpetrators and enablers
of abuse are not unjustly enriched,» he said.
Executives taking their company public might think the
proceedings are all about them; in fact, they could be said to have little more than a bit part in a much larger
set of machinations.
A case management hearing before the Tribunal in Melbourne on Monday will kick - start
proceedings and
set the rules
of the road.
according to news we were in for him for quite some time negotiating for price, however the
proceedings accelerated once
set back
of arteta ws known, this gives me a feeling that wenger might use him in fa cup so that our remaining fit CMs do nt burn out playing 3 times in a week.
The rain refused to subside as
proceedings got under way, with both
sets of supporters still in fine voice nonetheless.
The opening exchanges saw Liverpool take control
of the
proceedings, with Merieles creating a couple
of chances,
setting up Suarez and Kuyt at two different occasions.
Despite the early kick - off time being scheduled so that
proceedings do not overlap with Roma's clash against Barcelona, San Siro is expected to be full with both
sets of supporters determined to see their team back in the big time.
The collaborative divorce process will typically bring together a
set of qualified professionals to discuss and resolve all issues that generally arise in divorce
proceedings, including issues related to minor children and the distribution
of finances and personal property.
The Falkirk selection scandal is
set, like Banquo's ghost, to haunt
proceedings — if Banquo had been in the habit
of wandering around with a bazooka, and unleashing it on Macbeth and his courtiers.
I couldn't find any constitutional or procedural prohibition for the House considering impeachment
of two people as part
of the same
proceedings, and if the committee is investigating the same
set of facts, it makes a lot
of sense to not have to repeat their work.
After 6 weeks
of studying the over one year court
proceedings on the ongoing trial involving four suspects; Osarfo Anthony, Ekow Micah, Sarah Kwablah, and Chris Handler, accused
of allegedly conspiring to extort money from Asamoah Gyan, the new Attorney General headed by Madam Gloria Akuffo, is
set to appear in court for trial to continue.
«But please note that if after seven days the constitutional procedure is not complied with, we shall have no choice but to initiate legal
proceedings to enforce the decision
of the federal high court and
set aside the 2018 appropriation bill.
«While Mr. Dirschberger never should have received a payout until criminal
proceedings were completed, we now have a
set of rules in place to prevent this egregious practice in the future,» said Minority Leader Lorigo.
The public safety committee hearing was the penultimate executive budget hearing, with the finance committee
set to finish the
proceedings Tuesday before closed - door negotiations lead to a budget deal between Mayor Bill de Blasio and the City Council before the July 1 start
of the new fiscal year.
The judge also awarded the sum
of N100, 000 in favour
of each appellant in the matter, saying, «the
proceedings and other decisions taken on May 21, 2016 at the National Convention are hereby
set aside.»
When reminded that Kashamu had appealed to the Supreme Court against the judgment
of the Court
of Appeal, the source said, «It will not stop the extradition
proceedings once everything needed to
set it in motion is ready».
He said that the commission made it clear that Section 68 (c)
of the Electoral Act (as amended), stipulates that once a declaration is made by the Returning Officer, only a «Tribunal or Court in an election petition
proceedings» can
set it aside.
The Court
of Appeal Panel led by Justice Ibrahim Salauwa, which was
set up to determine the appeals filed by Makarfi and Jegede against the judgment given by Justice Okon Abang
of the Federal High Court, which INEC relied on to pick Mr. Jimoh Ibrahim, adjourned all
proceedings indefinitely.
He also appeared to criticise Harriet Harman, the leader
of the Commons, and Gordon Brown, the prime minister, for deciding that the committee
set up to investigate the police raid could not start work until criminal
proceedings were concluded.
Up to now, chemical biologists have relied on the normal self - correcting mechanisms
of science — journal articles, reviews, and conference
proceedings — to
set the record straight.
The
sets, costumes and casting are first rate, and the decision to film virtually the while thing in black and white adds a level
of gloominess and history to
proceedings that colour might not have delivered.
But despite Beatriz's big innocent eyes and meek, self - effacing appearance, she increasingly interjects herself into the evening's
proceedings, interrupting their superficial banter about jet -
setting vacations and making lots
of money with her own reflections («I could feel the pain
of the octopus,» she says, relating a story from her youth.)
But the movie's «I» emphatically remains the filmmaker himself; the «you» being addressed is still you, the viewer; and the materials that are shuffled and scrambled and questioned throughout the
proceedings — from home movies and a worn newspaper clipping to interviews, snatches
of songs, and fragments
of To Kill a Mockingbird —
set loose a personal, familial, national murder story that Wilkerson hasn't the slightest desire to contain within a frame.
Little does Dante know, the tone
of the film becomes completely unraveled, and by prolonging the hysteria, a certain numbness to the
proceedings sets in, with boredom the final result.
Movies like Leon: The Professional and even Jason Bourne echo throughout the film's exhausting
proceedings, but whereas those films had a certain edge in their approach, not to mention solid action
set pieces and, most important
of all, expressive performances, The Hunter's Prayer serves to be a shoddily - executed version in comparison.
An indescribable sense
of foreboding looms over
proceedings, and no matter whether the
setting is filled with light or drenched in shadows, we constantly bear witness to a sparse and empty world.
Both films share a forbiddingly wintry
setting, all the better to draw conspicuous attention to the chilly distances that lie between characters; both feature children in peril (a busload
of drowned schoolchildren in the one, a Lolita-esque belle captive in the other); and both employ an ominous, if explicitly subtextual, poem to lend a literary sheen to the
proceedings.
Largely
set within Packer's high - tech iLimo, there's a very stagey feel to
proceedings; dialogue is adeptly scripted but highly self - aware, and much
of the film feels like a play imperfectly adapted.
Backed by a booming orchestra, Halsey delivered the thundering, ominous pop cut on a fantastical stage
set up and amidst flurries
of faux snow, which added a chilly touch to the otherwise warm
proceedings in Los Angeles.
If a morgue doesn't sound like the ideal
setting for a comedy, that's sort
of the point; still, Howard's «Happy Days» co-star Henry Winkler works well alongside Keaton, with the two injecting more than enough shenanigans into the
proceedings to keep «Night Shift» lively.
Playwright Stephen Jeffreys» script adapts Kate Snell's book Diana: Her Last Love, and
sets the
proceedings within a misty cloud
of conjecture.
A hyperviolent montage
set to Dolly Parton's «9 to 5» opens
proceedings in exactly the same way Juice Newton's «Angel
of the Morning» kicked off Deadpool OG, which implies there's been zero progression between the start
of that film and this one.
And while one might be tempted to compare Nothing is Private to American Beauty - both movies paint an awfully bleak picture
of suburbia - Ball has infused the
proceedings with a light - hearted and free - wheeling sort
of vibe that immediately
sets it apart from its 1999 predecessor.
Veering from Ballard's novel, Cronenberg
set his Crash in the contemporary 1990s instead
of the 1970s and relocated
proceedings from London, England, to Cronenberg's neck
of the woods, Toronto, Canada.
Though director Antoine Fuqua brings a Jerry Bruckheimer kind
of sensibility to the
proceedings — stylized visuals, lots
of cuts, a tinge
of humor, and a cast
of men's men — he proves as competent as his King Arthur producer in staging this film and its
set pieces.
While some will criticize his use
of vérité - style shaky camerawork on scenes in
set the districts and in the games themselves as pedantic, that touch adds flavor and distinction to these
proceedings.