Sentences with phrase «successful claimants»

Option 1: Disbursing balance among successful claimants (increasing the lump sums from $ 2,000 to $ 5,673; and from $ 4,000 to $ 11,346).

Chamberlayne questions whether this is acceptable, given the justice system aims to provide 100 % compensation to successful claimants.

To the contrary, it seems that the main objection here is that too many actual people have successfully claimed awards, of which lawyers have taken an overly large chunk (but not so overly large as to deprive the successful claimants of all or most of the proceeds).

Successful claimants are generally entitled to damages for medical expenses, lost income, and pain and suffering.

We and many successful claimants value Therium's role in providing the financing necessary to make these cases viable.

Where a portion of the settlement remains unclaimed, the paper suggests this could be apportioned to successful claimants rather than going to an «uninjured third party.»

Aside from injury to feelings, successful claimants can also pursue loss of earnings and there is no cap on compensation for discrimination.

His recent work includes Ocean Rig (acting with Michael Todd QC for the opposing creditors in a $ 3.7 billion Cayman Islands restructuring), TPD Investments (acting with Michael Todd QC in a shareholder dispute concerning the affairs of a company owning two of the UK's largest hotels) and First Names v IFG (acting as sole counsel for the successful claimants in the Commercial Court trial of an SPA indemnity claim raising several issues of Jersey company law).

Julian Chamberlayne, head of the travel law team and partner at Stewarts Law, says that the biggest surprise in the new CPR for personal injury and clinical negligence lawyers is that the QOCS exceptions will still «expose successful claimants to interlocutory, issue based or proportional costs awards, but only up to the level of damages and interest awarded».

The remedy that most claimants seek from an employment tribunal when complaining about any form of discrimination is financial recompense and a tribunal can award successful claimants compensation for lost earnings and for injury to feelings caused by the acts of discrimination.

Acting for the successful claimants in the recent leading case regarding presumed undue influence: Hart and Samways v Burbidge [2013] 1628 (Ch).

«The few successful claimants,» she writes, «tend to have big bankrolls, meticulous records, and an exceptional run of luck.»

To help address this we have in the past introduced campaigns like «save our school trips» and «introduce a learning group» (whereby successful claimants received 50 per cent off their transport costs).

Other successful claimants include Ireland, New Zealand and Mexico.

Any such claims are subject to English procedural law and — in contrast to many other EU countries — the successful claimant is entitled to recover legal costs from the defendant.

Rule 4:42 - 9 (a)(6) provides for the award of attorney's fees to a successful claimant in an action upon a liability or indemnity policy of insurance.

He appeared for the successful claimant in the recent Court of Appeal of Webb which set out the principles to be applied when a claimant beats a Part 36 offer but does not succeed on all issues in the case.

That makes Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 — successful claimant's bill over # 467,000 inclusive of success fee and ATE in multi-track settled at # 20,000 — more important than food, shelter and a kindly judge.

Monckton's Ian Wise QC and Michael Armitage acted for the successful Claimant throughout the proceedings, instructed by Rebekah Carrier of Hopkin Murray Beskine solicitors.

Unfortunately, under the LAT rules there is no discretion to award legal costs to a successful claimant unless it is established that the insurer acted «unreasonably, frivolously, vexatiously or in bad faith», which is an extremely difficult hurdle to overcome.

• Acting for the successful Claimant in R (on the application of the Palestine Solidarity Campaign) v Secretary of State for Communities and Local Government [2017] EWHC 1502 (Admin), a challenge to guidance from the defendant Secretary of State which sought to prohibit the administering authorities of the local government pension schemes from adopting policies of boycott, divestment and sanction against foreign nations (led by Nigel Giffin QC).

Notably, the Judge expressed the view that a mandatory order requiring that a successful claimant under the PCR 2006 must be awarded a public contract would be an «exceptional» remedy, albeit that he did not rule out that such an order might be appropriate (and necessary) in a suitable case (§ 11).

Coulson J held that the effect of liability judgment was that the successful claimant, Woods, should have received the highest aggregate score in the procurement by a very significant margin.

We acted for the claimant in the Court of Appeal, a case which set authority on the nature of expert evidence for the successful claimant.

Acted for successful Claimant in action for libel against Ken Bates regarding the takeover and subsequent management of Leeds United.

Edward Denehan acted for the successful claimant who has obtained an injunction to restrain noise nuisance caused by helicopter pilot training at Denham Aerodrome.

Unless there are good grounds for opposing the enforcement of an Adjudicator's decision, then the TCC will seek to uphold the decision and a successful Claimant will generally recover costs incurred in the enforcement process.

In some cases, a successful claimant will also be able to recover these fees from the other side.

Sole counsel for successful claimant.

Tom represented the successful Claimant / Applicant.

LMAA Arbitration No. 4 — sole counsel for successful claimant buyers against Chinese yard in US$ 30m + claims under shipbuilding contracts for the construction of two chemical tankers.

He also acted for the successful Claimant in Owers v Bailey [2007] P&CR DG17, a rare example of a case in which aggravated damages were awarded for interference with an easement.

There is no requirement for any additional or collateral agreement relating to generic costs (of a group action) in a conditional fee agreement (CFA) for a successful claimant to recover such costs in an action where no group litigation order has been made.

A successful claimant in a PI case can expect to recover most, if not all of his legal costs from the defendant — the tortfeasor, or, in practice, the tortfeasor's insurers.

successful claimant's costs recovery restricted after fully contested trial to a fixed sum reflecting just 6.7 % of the budgeted base fees and disbursements

Acting for the successful claimant supplying industrial welding machinery to a Midlands foundry;

As an experienced competition lawyer and litigator he also has significant experience of the state aid and competition law issues that may arise in connection with procurement situations: see for example Arriva v Luton Airport where he acted on behalf of the successful claimant.

He was junior counsel in the House of Lords for the successful claimant in Callery v Gray (HL)(2002) 1 WLR 2000 which was and remains the leading case on the recovery of success fees and insurance premiums.

Not exact matches

· The statistics don't appear to take into account successful appeals by claimants against HMRC, resulting in the reinstatement of tax credit awards

«All of the government's targets for Personal Independence Payment — for claimants to receive greater support, and on savings and numbers claiming — have been missed, while those applying to claim the benefit were often left waiting for months and months before finding out whether their claim was successful,» they say.

If successful, the claimant would be obliged to give part of their damages to the fund which would recycle the money in backing further claims.

In Elkamet Kunststofftechnik GmbH v Saint - Gobain Glass France S.A. [2016] EWHC 3421 (Pat)-- involving a successful German claimant — the court was asked to make an additional costs order due to the decline in the exchange rate between the pound and the euro since the proceedings were launched and, in particular, since the referendum.

The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she experienced continual upper body pain, depression, and given her concentration, energy level, mood was unable to function as the energetic and successful businesswoman she once was.

The successful use of a DBA in Harlequin, however, may be the start of a sea change where we see increasingly more litigation funded by DBAs with claimant lawyers sharing the risk, but also the spoils of litigation.

If such claims are successful the defendant can be forced to stop using the relevant trade mark and may also be liable to pay the claimant damages or an account of its profits, as well as legal costs.

The judge was satisfied that the claimant also lost a significant capital asset in that she could no longer continue her chosen profession for which she has paid a significant sum for training which was clearly successful.

In Merchantbridge, the costs - defendants sought to rely on the fact that the claimants «must have known when they brought this action that SGP1 [the defendant] would not be good for the money if it was successful».

Although some lawsuits against Johnson & Johnson have been successful and resulted in damages paid to the claimants, it may be some time before enough studies conclusively prove that there is a link between the talcum powder products and ovarian cancer.

Having been substantially successful at trial, the claimant sought full indemnity for legal costs based upon a clause in an assignment agreement which had been entered into by the parties.

His recent cases include defending the former President and majority shareholder of VAB Bank against charges of contempt of court (sole counsel); acting for Mercuria Energy Trading in its successful defence of a US$ 270 million claim by Citibank in one of the biggest High Court banking trials of 2014, acting for the Claimant in an on - going US$ 830 million fraud claim in the Commercial Court (Russian banking sector), a US$ 800 million joint venture dispute in the BVI and acting as junior counsel to the Claimants in Hulley & ors v.