Sentences with phrase «statutory claims relating»

The English Court of Appeal has held that (i) statutory claims relating to minority interests in a company (unfair prejudice) are arbitrable, but (ii) arbitrators have no power to order the winding up of a company (see Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855 and Salford Estates (No. 2) Ltd..

Not exact matches

I still do primarily claims relating to motor vehicle accidents and I do a fair amount of statutory accident benefits, defending those on behalf of the insurance companies.

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) under its Code of Procedure then in effect.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

Experience of dealing with statutory demands and insolvency related hearings from both the creditor and debtor side; including successfully defending the directors of a large group of companies in administration in respect of claims made under personal guarantees.

Of course, service of a CPR claim form is not the same as service of a statutory notice and the proceedings will only relate to the defendant's property in a minority of cases.

He advises and acts in the full range of statutory dismissal and discrimination claims, with a focus on those involving claims for substantial compensation or serious reputational issues for the respondent organisation or its senior management or where there are related High Court proceedings.

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»

Property issues and disputes of all types, including: contracts for the acquisition, development and management of land; options and conditional contracts; overage claims; project management and similar contracts; mortgages and other security arrangements, including enforcement disputes; planning and other statutory issues connected with property contracts; leases of all types; landlord and tenant disputes (particularly commercial — including retail, leisure and distribution — and residential); rent reviews; leasehold enfranchisement; rights over land (including easements, covenants and rights of light); trespass and nuisance claims; disputed asset disposals; estate agency; property - related competition law issues; and commons and village greens.

We also have substantial experience litigating claims that frequently arise in connection with trade secrets» litigation, including claims related to breach of fiduciary duties, non-disclosure agreements, non-compete agreements, and licenses, as well as statutory causes of action under RICO, the Computer Fraud and Abuse Act, and the Electronic Communications Privacy Act.

Recent experience in this area includes unfair prejudice petitions, claims for wrongful and fraudulent trading, applications to set aside statutory demands, validation orders and relating to void transactions.

Claims are divided into type A and type B; broadly speaking, type A claims (for example, statutory redundancy payments, unlawful deductions from wages and breach of contract) are those which the Lord Chancellor regards as typically the more straightforward and accordingly the fees related to such claims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clClaims are divided into type A and type B; broadly speaking, type A claims (for example, statutory redundancy payments, unlawful deductions from wages and breach of contract) are those which the Lord Chancellor regards as typically the more straightforward and accordingly the fees related to such claims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clclaims (for example, statutory redundancy payments, unlawful deductions from wages and breach of contract) are those which the Lord Chancellor regards as typically the more straightforward and accordingly the fees related to such claims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clclaims are lower than those for type B claims (which include discrimination, unfair dismissal and whistleblowing clclaims (which include discrimination, unfair dismissal and whistleblowing claimsclaims).

As noted by way of an introduction to the critical statutory franchise rescission remedy in Ontario in a Law Works Franchise Justice Blog Post on September 8, 2013, «Terminating a Franchise Agreement: A Primer ``, if a franchisor fails to deliver a disclosure document as required under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a franchisee is entitled to cancel (legally «rescind») the entire purchase of the franchised business from the start of the transaction, including all franchise and related agreements, and claim a return of all his or her investment and losses.

The litigation also relates to the remedies available to the claimants (including consideration of issues of limitation and / or the effect of any applicable statutory regime in domestic law which permits recovery of stamp duty or stamp duty reserve tax) if, as claimed, the charges are contrary to European Union law in the circumstances specified.

In general, all franchise related civil claims, whether statutory or common law, are subject to a general two - year limitation period in Ontario to commence a legal action under Ontario's Limitations Act, 2002.

In general, all franchise - related civil claims, whether statutory or common law, are subject to a general two - year limitation period in Ontario to commence a legal action under Ontario's Limitations Act, 2002.

Prior to joining the firm, Chris served as a Deputy Attorney General in the New Jersey Attorney General's Office, defending New Jersey public employers against employment - related statutory, constitutional, and tort claims.

He qualified to practice English law in 2008 and has since advised both public and private sector clients on a variety of property disputes including debt - related claims, unauthorised traveler encampments and statutory nuisance claims.

claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings;

In a claim for breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a breach of the requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable.

The legislative provisions relating to Widow's, Widower's or Surviving Civil Partner's Contributory Pension are contained in Chapter 18 of Part 2 of the Social Welfare (Consolidation) Act, 2005 as amended, and in Chapter 10 of Part II of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007, (Statutory Instrument 142 of 2007), as amended.

The Commission seeks leave to submit that the provisions of the NTA which affect the concept (itself not statutory) of abandonment, the concept of traditional laws and customs, the requisite connection with the claimed land or waters, the burden of proof in relation to cessation, and the role of oral testimony in native title claims, amongst others sub-sec 223 (1), must be construed consistently with human rights standards relating to equality before the law [1], the rights of indigenous minorities to practise and revitalise their culture [2], and freedom of religion [3].