Sentences with phrase «solicitor issued court»

The claimants» solicitor issued court proceedings in 2014.

Not exact matches

As justice secretary, he saw unwelcome headlines over issues including legal aid cuts that sparked an unprecedented walkout by barristers and solicitors, mandatory court charges and an attempt to ban books being sent to prisoners, most of which were later reversed.

Annabel Kay a solicitor in Higgs» Private Client team who specialises in applications to the Court of Protection and matters where mental capacity is questioned, believes the case highlights an important issue for those undertaking such a crucial role.

[16] Thus, the issue is framed — can a defendant or third party who has not obtained a doctor's report by compulsion of a court order, and prior to disclosure of any medical - legal reports by the plaintiff or in the absence of any reports, obtain access to the non-treating doctor's notes and clinical findings, or are said notes and clinical records privileged as forming part of the brief of the plaintiff's solicitor until the time when the plaintiff chooses to rely on the non-treating doctor as a witness at trial and the doctor's notes must be disclosed...

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

Our Housing Law Solicitors are also active in the local county courts, issuing urgent applications and appeals on housing matters where appropriate.

Our experienced team, which includes qualified mediators and solicitors with rights of audience in the higher courts, advises both corporate clients and high - net - worth individuals on tax disputes, often involving international issues.

This case relates to whether a solicitor acting for an applicant can be found personally liable to pay the costs of the respondent following the court's refusal to grant an application to issue a witness summons against the respondent.

This application will then almost certainly be processed before a solicitor is ready to issue court proceedings in a civil claim.

The Court also recognized the entitlement of a municipal council to hold a closed meeting to obtain solicitor - client advice and to discuss «land claim and related issues», giving public notice strictly in compliance with, and otherwise following, the requirements of its procedural by - law and the Act, without thereafter having the by - law struck for non-compliance with the open meeting requirements of the Act and for lack of notice and bad faith.

The Court of Appeal stated that while an appropriate case may give rise to important issues such as privacy, solicitor - client privilege, expense, and time, this was not that case as Mr. Justice Myers» order was of narrow scope.

Many cases are settled before proceedings are issued; the CPR encourages solicitors to deal with cases by negotiation, and Court proceedings are only used if the Defendant will not put forward a reasonable offer, or the appropriate limitation period is about to expire.

The barrister's role is generally to (1) provide advice on specific issues (after the solicitors have sifted the evidence and provided a brief to the barrister) including advising on your prospects in particular litigation and (2) represent you in court i.e. write submissions and speak to the court.

Tony Mauro of Legal Times reports that the Supreme Court justices have invited the view of the solicitor general on a petition for cert filed in Cable News Network Inc. v. CSC Holdings, which concerns the issue of whether, under the Copyright Act of 1976, Cablevision's on - demand service infringes the petitioners» exclusive copyrights by copying, storing and transmitting its programs without an additional license.

This is because most Claimant Solicitors are acting on a No Win, No Fee agreement and therefore they have to pay the court issue fee themselves.

In court conciliation (as we then called it) was pioneered for children's issues in the early 1980s in what is now the Central London Family Court, and all issues mediation was available to separating couples by 1988 when the Family Mediators Association had trained the first group of solicitors and family therapists as mediacourt conciliation (as we then called it) was pioneered for children's issues in the early 1980s in what is now the Central London Family Court, and all issues mediation was available to separating couples by 1988 when the Family Mediators Association had trained the first group of solicitors and family therapists as mediaCourt, and all issues mediation was available to separating couples by 1988 when the Family Mediators Association had trained the first group of solicitors and family therapists as mediators.

``... charges for work done by or on behalf of the Solicitors which would have been payable if this agreement did not provide for a success fee, calculated on the basis of the fees allowable for that work in the court in which the action in question is conducted or would be conducted if proceedings were to be issued.»

Having not been able to address these issues in DBN v the United Kingdom, [39] due to the lack of contact the UK solicitors had with their client, the Strasbourg Court has not been able to address substantive asylum claims based on sexual identity since the earlier 2004 decisions in F v UK [40] and INN v the Netherlands [41].

When issuing a claim the Claimant's Solicitors should specify whether the court proceedings are to be returned to the Claimant's Solicitors for service or whether the court themselves should serve the proceedings.

Unless a one month extension of time is agreed between the solicitors or an extension of time is allowed by the court, the court proceedings need to be served within four months of the issuing of proceedings, providing that service needs to take place in England and Wales.

Once the court has stamped the Claim Form and provided a Notice of Issue, then the court proceedings must be served (sent) to the Defendant or their Solicitors within four months of the date of issue, otherwise the claim will usually Issue, then the court proceedings must be served (sent) to the Defendant or their Solicitors within four months of the date of issue, otherwise the claim will usually issue, otherwise the claim will usually fail.

He is incredibly bright, bordering on genius, and has the most brilliant rapport with the court», «exceptionally able junior counsel who attracts resounding praise both from his instructing solicitors and his peers at the Bar», «he has a brain the size of Jupiter, is tenacious, polite and very good on his feet», «outstandingly committed... he's a brilliantly analytical and fast - thinking advocate», and «has the «Midas touch» and is not only exceptionally knowledgeable and commercial, but readily grasps the issues concerning clients».

You do not have to wait for the other parent to issue Court proceedings against you before you approach a specialist solicitor to find out about your legal position in confidence.

The Supreme Court set aside the Federal Court of Appeal's decision that the records in issue be sent back to the Federal Court in order to establish whether any names in the accounts receivable list were protected by solicitor - client privilege.

In England and Wales, only solicitors of the Senior Courts of England and Wales and barristers called to the Bar in England and Wales can have rights of audience in English courts or rights to «conduct litigation» in proceedings issued in those cCourts of England and Wales and barristers called to the Bar in England and Wales can have rights of audience in English courts or rights to «conduct litigation» in proceedings issued in those ccourts or rights to «conduct litigation» in proceedings issued in those courtscourts.

I can't decide whether I am more excited that the Supreme Court issued a decision dealing with two legal issues of great interest to me — administrative law standard of review and statutory incursions into solicitor - client privilege — or irritated that the Court's handling of both issues is so annoying.

The court also reminded solicitors to consider carefully the issue of whether they might be required to give evidence if they acted at the police station, and whether or not this impacts on them doing the advocacy in a case.

Lord Neuberger, president no less of the court, lobbed in an issue that has already been seized upon by paying parties — a point that could decimate solicitors, barristers and after - the - event (ATE) insurers.

Kerry joins from property law practice Ashley Wilson Solicitors, where she specialised in landlord and tenant issues, gaining experience at court and tribunal.

The Law Society's view (and one must be cautious here as the practice note advises that the solicitor takes independent legal advice — I would personally suggest that any solicitor grappling with this issue seeks an emergency declaration before the High Court) is that TA 2000, ss 19 and 21A do not override legal privilege.

Matthew is well respected by his peers, instructing solicitors, professional lay clients and Judges alike for both his legal abilities, on paper and in Court, and his common sense, commercial approach to issues and disputes.

ISME have called for the jurisdiction of the SCC to be raised for businesses to the limit of the District Court's jurisdiction and the implication appears to be that solicitors» fees are the issue for businesses.

In response, the owners paid $ 104,185 to the solicitors for the Corporation, to be held in trust pending the resolution of issues in court proceedings.

The Court dismissed the appeal with respect to the substantive issues of discrimination based on gender and retaliation, and allowed it with respect to the issues of damage directives and solicitor - client costs.

The Federal Court says issues of litigation and solicitor - client privilege trump the interests of an individual seeking the completion of his unjust dismissal hearing.

The court also reviewed, with references to the Rules of Professional Conduct, such issues as: at what point a solicitor - client relationship arises (hint: BEFORE the retainer is in place); what constitutes «legal advice» and the boundary «between general legal information and legal advice»; a lawyer's duty of confidentiality (including in respect of non-clients); and a lawyer's duty of care to non-clients.

it is submitted that the learned arbitrator had explained on this issue that he had forgotten that the solicitors of the claimants were involved in that matter on record as the proceedings were filed in the English high court and the instructions came from the Swiss lawyer directly to the learned arbitrator as senior counsel (QC) and not from the solicitors of the claimant and which did not::: Downloaded on - 13/05/2014 23:52:28::: Kvm 32/107 ARBP259.13 amount to a failure to disclose interest whether under the provisions of English Arbitration Act or under the IBA guide lines or under Indian law.

Learned counsel submits that the judgment of division bench of hits court squarely applies to the facts of this case where the learned arbitrator was well known senior advocate (Queen's counsel) and was briefed by the firm of solicitors to advise on an unrelated issue and / or appearing in that matter not concerning any of the parties in the reference and that also more than a year ago whereas division bench of this court in the case of ONGC (supra) had considered the situation when it was during the currency of the arbitration.