Sentences with phrase «submissions to the court if»

Not exact matches

The High Court unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.&rCourt unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.&rcourt is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.»

Supporting Etiaba's submissions, Onwugbufor said it was not for the court to choose for Metuh «which witness to call first, when to call the witness or if the defendant himself wants to give evidence.»

Reacting to Shehu's submission, Falana wondered if the media aide had «suddenly become so power drunk to the extent that he can conveniently set aside the judgment of the federal high court?

What if oral submissions to court were the exception rather than the rule?

Your newsletter is not a submission you are presenting to a court so don't write it as if it were.

Article 2 (c) of the 1927 Geneva Convention states: «Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied: -LSB-...](c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.»

Article V (1)(c) provides that courts may refuse to recognize or enforce an award if it addresses disputes outside of the terms of the «submission to arbitration».

Before taking new matters into account based on statistics which have not been considered in the judgment under appeal, the adversarial process requires that the court ensure that the parties are given an opportunity to deal with the new information by making further submissions, oral or written, and allowing, if requested, fresh material in response.

Having the same judge hear both motions encourages both parties to be credible in their initial temporary hearing submissions, as they are more likely to lose credibility with the court if they must appear before the same judge to whom they previously provided inaccurate information.

But the court heard no submissions from any of the parties on how or if these factors or prior case law should contribute to the hard cap.

But the parties were agreed that when counsel for the secretary of state was making submissions in the Inner House on the appropriate remedy she had conceded that the appellant would be granted indefinite leave to remain if the court were to decide to restore the decision of the adjudicator.

If the Court continues to find fault with those submissions, the fault should not be attributed to individual prosecutors.»

The latter can lead, as reflected in the husband's submission in this case, to the contention that, if one party has made an exceptional contribution, the court must consider whether the other party has made an equal, matching contribution.»

The submission that the issues which arise here were matters for the Executive or Legislature under Article 120 of the UAE Constitution because they concerned foreign affairs and questions of public policy (ordre public) or a matter for the UAE Supreme Court if there was any serious issue / doubt under the Constitution as to the organ which should determine such questions, falls away once it is seen that waiver of immunity is a question to be determined by the judiciary as part of the contractual and procedural law of the DIFC.

The ONCA had directed that if the parties were unable to agree on the precise amount of support arrears arising from the court's decision, they could make brief submissions on the issue to the court.

If the submissions of the appellant were correct, it would not have been necessary for the Supreme Court of Canada to have mentioned the constitutional limit of s. 91 (24) in para. 103 quoted above.

As a final comment, notwithstanding the error noted by the Court of Appeal («In the normal course, someone on the acquisition team would have been assigned responsibility for determining whether financial instruments that gave a lender the right to veto a change - of - control existed and, if there were, communicating with the lender to ascertain its position»)(see para. 22, FN 18), the Court acknowledged counsel's «excellent» oral and written submissions on appeal — even stating that the interests of the parties «could not have been better served».

Section 46 (b) of the Arbitration Law provides that the court may refuse to recognise and enforce a foreign award, if any of the following in submission for recognition and enforcement of foreign award can be proved by the respondent:

In Accentuate Ltd v ASIGRA Inc. [2009] EWHC 2655, however, the High Court suggested that an arbitration agreement will be considered «null, void and inoperative» if it purports to require the submission of disputes governed by mandatory EU law to an arbitral tribunal seated in a non-EU state applying non-EU law.

The Court noted that credibility issues «almost inevitably arise in antagonistic employer - employee relations» and that the power in the statute to proceed by written submissions would be «rendered completely meaningless and deprived of Parliament's intended effect» if oral hearings were required whenever credibility issues arose.

Instead, lawyers for the two men hope Indonesian President Joko Widodo will come under political pressure to reassess their pleas for mercy if the court rules that the constitution requires the president to properly consider clemency submissions.

If the parties do not agree to submit to adjudication or have missed any deadline for submission to adjudication, ie 28 days from the end of the tenancy for the DPS scheme, they must then litigate through the county court.

In my experience, if a court wishes to make a decision on a point not raised by counsel, they will request further submissions on that subject.

If a party or a party's attorney fails to participate in good faith in the development and submission of a proposed discovery plan as required by Rule 16.1 (b)(2) or 16.2, the court may, after opportunity for hearing, require such party or party's attorney to pay to any other party the reasonable expenses, including attorney's fees, caused by the failure.

The new policy states that the ICC Court expects draft arbitration awards to be submitted to the Court within 3 months of the last substantive hearing, or if later, the filing of the last written submissions (excluding any submissions on costs).

Or if a prosecution was in the SFO's opinion necessary this could be confined to a limited part of the suspected criminality and there would be potential for a joint submission on sentence to the court.

The court considered whether the interpretation exception offended the principle underlying the Rule, namely to encourage parties to speak freely and to promote settlement, and accepted TMT's submissions that: «if a party to negotiations knows that, in the event of a dispute about what a settlement contract means, objective facts which emerge during negotiations will be admitted in order to assist the court to interpret the agreement in accordance with the parties» true intentions, settlement is likely to be encouraged not discouraged».

Using a sample case file, the Osgoode Certificate in Provincial Offences Court Practice drills down on the key stages in a POA file from meeting your client for the first time, conducting the trial, and making submissions on sentencing, to understanding if and how to appeal a decision.

Learned senior counsel placed reliance on the judgment delivered by the Court of Appeal in case of Thoday Vs. Thoday (1964) 2 WLR 371 in support of the submission that a party can be estopped to relitigate the matter only if the cause of action or the plea in defense in the second action is precisely the same and has been raised in the previous case and where that has been the subject matter of a full examination and adjudication in the previous case.

If driving privileges are already suspended and a formal application for reinstatement has been submitted to the courts, a New Mexico Defensive Driving has to be completed within 90 days of application submission.

(3) The independent children's lawyer must, if satisfied that the adoption of a particular course of action is in the best interests of the child, make a submission to the court suggesting the adoption of that course of action.

If they are to be conducted fairly, a review or inquiry will have to be conducted with many of the trappings of Court proceedings, including an adequate opportunity for all parties concerned to provide material and make submissions.

The Commission recommends that items 6 and 12 of Schedule 1 to the Bill be amended to clarify that, if the Court is considering appointing a person or body for mediation, who is not the Registrar, a Deputy Registrar, a District Registrar, a Deputy District Registrar of the Court, or the NNTT, that the Court must give the claimants an opportunity to make submissions to the Court on the appropriateness of the proposed mediator.

That items 6 and 12 of Schedule 1 to the Bill be amended to provide that, if the Court is considering appointing a person or body for mediation, who is not the Registrar, a Deputy Registrar, a District Registrar, a Deputy District Registrar of the Court, or the NNTT, that the Court must give the claimants an opportunity to make submissions to the Court on the appropriateness of the mediator.

(3) The Court or a Judge must exercise the discretion under section 47B of the Federal Court of Australia Act 1976 to allow a person to appear before the Court or Judge, or make a submission to the Court or Judge, by way of video link, audio link or other appropriate means if the Court or the Judge is satisfied that:

(3) If, under subsection (2), a bankruptcy trustee is a party to proceedings with respect to the maintenance of a party to a de facto relationship, then, except with the leave of the court, the bankrupt party to the de facto relationship is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(15) If a bankruptcy trustee is a party to property settlement proceedings in relation to the parties to a de facto relationship, then, except with the leave of the court, the bankrupt party to the de facto relationship is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(3) If a bankruptcy trustee is a party to proceedings with respect to the maintenance of a party to a marriage, then, except with the leave of the court, the bankrupt party to the marriage is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(12) If a bankruptcy trustee is a party to property settlement proceedings, then, except with the leave of the court, the bankrupt party to the marriage is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(6) If the trustee of a personal insolvency agreement is a party to proceedings with respect to the maintenance of a party to a marriage, then, except with the leave of the court, the party to the marriage who is the debtor subject to the agreement is not entitled to make a submission to the court in connection with any property subject to the agreement.