Bruce's counsel made it possible for us to engage as Indigenous Peoples with the province of BC and BC Hydro in a more meaningful way with
strategic use of the Courts when necessary.
Not exact matches
Jeff advances his clients» interests in a broad range
of contexts, including through the
courts, consultations with the Crown and negotiation with industry including, in regard to regulatory decisions, land
use and
strategic planning, oil and gas, mining, hydroelectric development and the implementation
of land claims agreements.
If the Supreme
Court eventually rules that litigation funding is permitted in Ireland, it will mean that Irish parties who are lawfully entitled to compensation, for example due to a breach
of contract by a large multinational corporation, or mis - selling
of financial products by an international bank, can make
use of the financial resources and the
strategic experience
of professional funders like Woodsford to get justice from the
Courts».
«They were all victories below for environmentalists, so you wonder if the
Court is making some
strategic choices in the cases it picks,» said Jonathan Cannon, director
of the environmental and land
use program at the University
of Virginia School
of Law.
The
use of the
courts to silence people is known as
strategic litigation against public participation — or SLAPP.
penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme
Court or the Provincial
Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole
of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare
of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue
of public interest; «
Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form
of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter
of public interest; Purposes
of this Act: 2 The purposes
of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters
of public interest; c) Promote broad participation in debates on matters
of public interest; d) Discourage the
use of litigation as a means
of unduly limiting expression on matters
of public interest; and, e) Preserve the right
of access to the
courts for all proceedings and claims that are not brought or maintained for an improper purpose.
As pointed out elsewhere, contracting authorities and review
courts should be particularly careful in not imposing excessive disclosure when there are actual risks
of strategic use of challenge procedures or the market structure is such that the increased degree
of transparency could (inadvertently) facilitate or reinforce collusion [Sanchez Graells, A. Public Procurement and the EU Competition Rules (Oxford, Hart Publishing, 2011) 358 - 9].
Together they have formed
Court Assist, which is dedicated to helping self - represented litigants get better results in court through strategic use of valuable à - la - carte serv
Court Assist, which is dedicated to helping self - represented litigants get better results in
court through strategic use of valuable à - la - carte serv
court through
strategic use of valuable à - la - carte services.
The absence
of the risk
of paying large amounts towards the winning party's legal costs incentivised the
strategic use of (unmeritorious)
court proceedings by recalcitrant parties in international arbitrations — such as applications for arbitrator appointment and set aside.
Only after we understand how the system works, can we make
strategic decisions about legal risks, e-discovery options and obligations, and appropriate
use of IoT data in
court.