Sentences with phrase «subsequent legal proceedings»

The judgment deals with this argument by citing the decisions in Zaiwalla & Co v Walia [2002] IRLR 697, [2002] All ER (D) 103 (Aug) and Governing Body of St Andrew's Primary School v Blundell [2010] UKEAT / 330/09, [2010] All ER (D) 68 (Oct), in each of which aggravated damages reflected the abusive way in which the employer had defended the subsequent legal proceedings; from this it was extrapolated that there can be consideration of post-termination conduct generally, provided that it is causally linked to the original discrimination.

Such policies should be carefully drafted so as not to undermine claims to privilege in respect of investigation documuments in any subsequent legal proceedings In particular, such policies should be careful to allow for the possibility that the reason for conducting an internal investigation might be for the purposes of any subsequent litigation, in addition to any other possible purposes.

They can not act for the parties during any subsequent legal proceedings.

The protection afforded by s. 111A goes hand in hand with the common law without prejudice rule, which applies to make genuine attempts to settle a dispute inadmissible in any subsequent legal proceedings.

While being interviewed voluntarily may seem attractive in that it suggests a co-operative attitude toward law enforcement, the record of the voluntary interview (including any admissions made by the witness) could be used in evidence against the witness in subsequent legal proceedings.

As noted above, IA 2005 anticipates the possibility of, and issues associated with, parallel or subsequent legal proceedings.

You might want to emphasize to students that the court rules and statutes about confidentiality relate to the question of when statements or documents used in ADR proceedings can be introduced into subsequent legal proceedings.

The author discusses the production of Salk vaccine at Cutter Laboratories, the tragic effects of the inadvertent injection of 200,000 people with live virulent polio virus, the subsequent legal proceedings, and the shadow those have cast on the development of new vaccines.

Not exact matches

Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, and capital markets conditions and other factors beyond the Company's control, including natural and other disasters or climate change affecting the operations of the Company or its customers and suppliers; (2) the Company's credit ratings and its cost of capital; (3) competitive conditions and customer preferences; (4) foreign currency exchange rates and fluctuations in those rates; (5) the timing and market acceptance of new product offerings; (6) the availability and cost of purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other events); (7) the impact of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (8) generating fewer productivity improvements than estimated; (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) financial market risks that may affect the Company's funding obligations under defined benefit pension and postretirement plans; and (11) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10 - K for the year ended Dec. 31, 2017, and any subsequent quarterly reports on Form 10 - Q (the «Reports»).

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

But they have a duty to themselves, participants in their decision - making processes, and to the public, to speak clearly through their reasons for decision, and not in whispered affidavits or legal submissions in subsequent judicial review proceedings.

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.