There is no room for mistakes and getting it wrong could mean that the party seeking to terminate might find itself on the receiving end of
a substantial damages claim for wrongful termination.
Not exact matches
Claiming his right to respect for his private life had been infringed by the coverage, Sir Cliff sued South Yorkshire Police and the BBC, saying he wanted «very
substantial»
damages.
«I'm pleased that the Federal
Claims Court has found what Missouri families, farmers, and business owners have been saying for more than a decade: The Army Corps of Engineers» mismanagement of the Missouri River has resulted in widespread
damages with
substantial costs,» Blunt said in a statement.
The results add
substantial weight to the
claim that neonicotinoids
damage bee populations.
In their lawsuits, the communities
claimed that the risks of climate change - related
damages were imminent and posed a
substantial threat.
Harder's letter
claims the book includes false statements about Trump that «give rise to
claims for libel» and the possibility of «
substantial monetary
damages and punitive
damages.»
Among his more
substantial claims, Ed has acted in a recent appeal about the proper measure of
damages in a concurrent liability case and led in a professional negligence
claim against a criminal silk for his negligent conduct of an 8 - month fraud trial.
She
claims she is entitled to «
substantial damages» from the critical scribe for what she believes is libel (libel is when defamatory statements are put into writing).
Zurich had sought to reopen a case where
substantial damages had been paid on the basis that the original
claim was overstated and inflated.
Katie is a member of Lewis Wagner's Transportation Practice Group where she devotes a
substantial amount of her practice to representing commercial carriers and drivers in litigation involving wrongful death, catastrophic injury and property
damage claims.
The problem is that, although competition law actions may
claim substantial sums of total
damages, this sum is often to be shared by thousands of small companies or individual consumers who have all suffered loss at the hands of their suppliers» cartel activity, or of a larger firm's abuse of dominance.
That means if you missed the two year statute of limitations for the Wrongful Death
claim, if the person suffered before death, had
substantial medical bills or had a punitive
damages claim, then there may still be a suit that can be brought on behalf of the unrepresented Estate because it has been tolled by O.C.G.A. Sec. 9-3-32.
A Romford man who suffered a severe brain injury in a work - related accident is
claiming substantial damages for his life - changing injuries.
Mishcon de Reya impressed the judges with the win the firm secured for client Sainsbury's in a high profile dispute over card payment fees, with judges noting that this was the «first
substantial award in a standalone competition
damages claim in the UK».
Smith is defending United Utilities against a
substantial claim for
damages brought by Manchester Ship Canal, alleging trespass concerning the client's discharge of water and treated sewage into the canal.
The Judge rejected this argument outright stating, ``... she achieved a
substantial award of
damages in the proceeding in excess of that which she could have settled the
claim for... I reject the defendant's [ICBC] alternative argument that I ought to consider the defendant's offer to settle for an amount some $ 20,000 to $ 25,000 below that which was ultimately awarded.»
The Court awarded
substantial damages to the Plaintiff, including $ 100,000 for an in - trust
claim, ruling that her husband had spent a great deal of time with her since the accident to assist her, over and above what would normally be expected from a spousal relationship.
Defending
substantial claims for
damages and loss of profits for breach of contract and / or negligence concerning amongst other things the design and supply of aluminium freezers.
Superyacht — brokerage dispute: instructed on behalf of a purchaser of a multi-million Euro «superyacht» (100 + m) to defend a
substantial claim proceeding in (LMAA) arbitration for alleged losses and
damage suffered as a result of an alleged wrongful repudiation of a written brokerage agreement and as a result of alleged breaches of the Respondent's obligation of confidentiality arising under that agreement.
Justice Brown concluded by making the following observation: «To permit a party
claiming very
substantial damages for loss of enjoyment of life to hide behind self - set privacy controls on a website, the primary purpose of which is to enable people to share information about how they lead their social lives, risks depriving the opposite party of access to material that may be relevant to ensuring a fair trial.»
But calculating a fair value for a person's personal injury
damage claim for lost income and earnings presents
substantial complexity.
It appears that the plaintiff may have had a valid
claim in this case, and could have received
substantial damages if she was able to get it to trial.
This means that, if your injuries are
substantial, you will be unable to recover
damages unless you name the at - fault driver in a personal injury
claim.
Acted for QBE to defend an outdoor adventure consultant against a
claim for
substantial damages for personal injury as a result of negligent advice in relation to the supply of equipment which failed.
Advising a major insurer on a
substantial property
damage claim following a fire at a warehouse.
Section 57 of the Criminal Justice and Courts Act 2015 gives the court the power to dismiss a
claim for
damages where it is satisfied that, on the balance of probabilities, the claimant has been «fundamentally dishonest» in relation to the
claim, unless the claimant would otherwise suffer «
substantial injustice».
Although as Andrew Smith J found, solicitors will not be found to have been negligent if their advice steps outside a permissible range, once they do, the client will be in a position to
claim substantial damages if it can prove on the balance of probabilities that it would have acted differently had it received advice within the permissible range.
Although this case was very fact specific (and the facts here were particularly complex), there is clearly a danger that in other circumstances, solicitors giving over-optimistic advice to a client contemplating bringing court or arbitral proceedings about the prospects of success will be liable for
substantial damages if the client as a result proves that as a result it thereby lost a chance to settle a
claim on more advantageous terms.
He also accepted that the second letter was negligent in not explaining the options to Levicom clearly enough and for giving a misleading impression in relation to the prospects of Levicom succeeding in the arbitration in a
claim for declaratory relief against the Swedish companies (where the chances of success in establishing a breach of contract were stated as «in the region of, but not less than, 70 %»), rather than concentrating on how to quantify and make a
claim for
substantial damages.
What, then, is the legal basis for the
claim against the solicitor, and what would the client have to prove in order to establish an entitlement to recover
substantial (as opposed to nominal)
damages?
Instead, through new lawyers, Miller commenced proceedings against Garton Shires and Ison Harrison,
claiming for the loss of his chance to recover
substantial damages from Brown.
Is service of a statutory demand a proper course where there is a well established
claim for breach of contract worth at least # 750 in general
damages, but there is a
substantial dispute about whether the
claim has a value of much more than # 750?
Walsh and Waltek sued the BBB
claiming that the grades posted on the BBB website caused
substantial damages.
This can happen, but «the
claim» must have created
substantial damage or must have indicated that you are a very high risk to insure.