Sentences with phrase «successful party in the case»

On the facts of these appeals, it seems reasonable to infer that recognizing interest as an expense would lead to a transfer of resources between classes of parties in which unsuccessful defendants are exposed to the risks of paying high interest rates designed to pay for the cost of lending money, not just to the successful party in the case but other plaintiffs who receive financing but may not recover moneys to pay for their loans...

Conduct also has an impact on costs; if you are the successful party in a case but are deemed to have behaved unreasonably, the court has the authority to reduce or annul your costs award.

Not exact matches

Typically, if a party to litigation is successful in such a transfer, a case would proceed in the federal court system under federal procedural rules.

A successful sleepover party requires a backup plan, in case anything goes wrong.

However, this grouping is a rather broad one, as will be noted in more detail below, and hence would not be as successful in translating support levels into a similar proportion of seat numbers as would be the case for one of the larger political parties.

Murkowski has shown herself to be resilient, as was the case when she lost the Republican Senate Primary in 2010 to a tea party challenger and embarked on a successful write - in campaign.

She hailed the result in Derby, where the party unseated the Labour council leader, adding, in a reference to Brexit: «If UKIP does crumble I think you could still arguably make the case that it's been one of the most successful political parties in history.»

The most prominent characters include Haven Hamilton (Henry Gibson), a socially conservative, arrogant country music star; Linnea Reese (Lily Tomlin), a gospel singer and mother of two deaf children; Del Reese (Ned Beatty), her lawyer husband and Hamilton's legal representative, who works as the local political organizer for the Tea Party - like Hal Philip Walker Presidential campaign; Opal (Geraldine Chaplin), an insufferably garrulous and pretentious BBC Radio reporter on assignment in Nashville, or so she claims; talented but self - involved sex - addict Tom Frank (Keith Carradine), one - third of a moderately successful folk trio who's anxious to launch a solo career; John Triplette (Michael Murphy), the duplicitous campaign consultant who condescendingly tries to secure top Nashville stars to perform at a nationally - syndicated campaign rally; Barbara Jean (Ronee Blakley), the emotionally - fragile, beloved Loretta Lynn - like country star recovering from a burn accident; Barnett (Allen Garfield), Barbara Jean's overwhelmed manager - husband; Mr. Green (Keenan Wynn), whose never - seen ailing wife is on the same hospital ward as Barbara Jean; groupie Martha (Shelley Duvall), Green's niece, ostensibly there to visit her ailing aunt but so personally irresponsible that she instead spends all her time picking up men; Pfc. Glenn Kelly (Scott Glenn), who claims his mother saved Barbara Jean's life but who mostly seems obsessed with the country music star; Sueleen Gay (Gwen Welles), a waitress longing for country music fame, despite her vacuous talent; Bill and Mary (Allan F. Nicholls and Cristina Raines), the other two - thirds of Tom's folk act, whose ambition overrides constant personal rancor; Winifred (Barbara Harris), another would - be singer - songwriter, fleeing to Nashville from her working - class husband, Star (Bert Remsen); Kenny Frasier (David Hayward), a loner who rents a room from Mr. Green and carries around a violin case; Bud Hamilton (Dave Peel), the gentle, loyal son of the abrasive Hamilton; Connie White (Karen Black), a glamorous country star who is a last - minute substitute for Barbara Jean at the Grand Old Opry; Wade Cooley (Robert DoQui), a cook at the airport restaurant where Sueleen works as a waitress and who tries unsuccessfully to convince her that she has no talent; and the eccentric Tricycle Man (Jeff Goldblum), who rides around in a three - wheel motorcycle, occasionally interacting with the other characters, showing off his amateur magic tricks, but who has no dialogue.

And while in both states Islamist parties were successful at election time, the politics of Egyptian and Tunisian post-revolutionary cases present differently.

Only in 18 out of 68 cases (i.e. 26 %), the successful party was able to recover its legal costs.

In 63 % of the cases, the successful party was able to recover its legal costs.

The tariff of party and party costs is predicated on there being a traditional review of all costs and disbursements claimed by the successful party and the allowance of those items found to be reasonable and necessary in the particular circumstances of the case before they are properly visited upon the defendant.

Represented the successful party in Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd [2017] EWHC 2663 (Comm), a leading case on the application of section 423 of the Insolvency Act 1986 to transactions between foreign parties.

In deciding the costs question, the court began by pointing out that under the Family Law Rules, there is a presumption that as the successful party the wife was entitled to her costs in the casIn deciding the costs question, the court began by pointing out that under the Family Law Rules, there is a presumption that as the successful party the wife was entitled to her costs in the casin the case.

Specifically, setting the bar at «balance of probabilities plus» might encourage employers to settle otherwise unmeritorious claims where an interim order has been made (following a necessarily incomplete and superficial examination of the evidence and the parties» respective positions); and give successful employees unrealistic expectations as they move towards the full hearing, especially bearing in mind the absence of a statutory compensation cap in public interest disclosure cases.

Notably, the court found that a successful party's refusal to participate in mediation, in cases where there is no statutory obligation to mediate, will not automatically deprive the successful party from obtaining a cost order to which it would otherwise be entitled.

The successful Birmingham pilot scheme is extended to every mercantile and construction court in October this year and the vision is that ultimately every multi-track case, whatever the subject matter, will be scrutinised with care at the outset with the parties being given thorough guidance as to what steps and expenditure is seen by the court as proportionate or not.

Following our successful funding in the landmark case of Essar v Norscot [2016] EWHC 2361 (Comm), we launched a range of specialist funding solutions designed to help parties in international arbitration make the most of that case's finding.

Thereby personal injury cases will need to be worth in excess of # 5000 in order for the successful party to be able to claim back their legal fees from their opponent.

Pro bono costs are just like ordinary costs and can be claimed in civil proceedings where the successful party benefited from free legal advice or representation, whether for all or part of their case.

Donors can not expect to get their money back, though in fact, if the case is successful and costs are recovered from the other party, CrowdJustice seeks to reimburse pro rata donors who have committed # 1,000 or more.

It may be that the summoned third party may, in due course upon attending court, argue that disclosure is either inappropriate or impossible, and even get a costs order if successful, but that will not have prevented a time consuming, lawyer - intensive period of time, trying to avoid attendance and ultimately having to turn up at the crown court to argue the case.

As a general rule, the successful party in a fast - track personal injury case is awarded $ 6,500 in... Continue reading →

The only other integration of «reasonableness» is in the anticipation of the assessment of costs at the end of the case after the successful party and unsuccessful parties have been determined for the purpose of a costs order.

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

In certain cases, however, a successful party may receive part — or in rare cases, all — of their legal fees back from the unsuccessful partIn certain cases, however, a successful party may receive part — or in rare cases, all — of their legal fees back from the unsuccessful partin rare cases, all — of their legal fees back from the unsuccessful party.

In order for a brain injury case to be successful in Texas, a victim must be able to prove that their brain trauma is the direct result of another party's negligencIn order for a brain injury case to be successful in Texas, a victim must be able to prove that their brain trauma is the direct result of another party's negligencin Texas, a victim must be able to prove that their brain trauma is the direct result of another party's negligence.

«We were successful in that case because there wasn't active supervision and basically when you're throwing a party, you're stepping into the shoes of a parent,» he says.

In the event that no agreement has been reached, the arbitral tribunal shall make an award of costs on the basis that costs should «follow the event» (i.e., the successful party will be entitled to its costs), unless it considers such an award inappropriate in the circumstances of the case (section 61 (2)-RRBIn the event that no agreement has been reached, the arbitral tribunal shall make an award of costs on the basis that costs should «follow the event» (i.e., the successful party will be entitled to its costs), unless it considers such an award inappropriate in the circumstances of the case (section 61 (2)-RRBin the circumstances of the case (section 61 (2)-RRB-.

Attorney Fetto's experience as a skilled and successful trial attorney gives him an edge that benefits his clients, as he knows how to ruthlessly dismantle the opposing party's case in order to get the truth.

If the CFL process is not successful for any reason (such as a failure of one of the parties to abide by the terms of the participation agreement or failing to disclose all financial information), resulting in the case proceeding to court, the participating collaborative lawyers will not litigate on behalf of the parties, and new lawyers would be retained for that purpose.

In my view, as was the case in Pitney Bowes, the concept of proportionality appropriately applies where a successful party has over-resourced a case having regard to what is at stake, but it should not result in a reduction of the costs otherwise payable in these circumstancIn my view, as was the case in Pitney Bowes, the concept of proportionality appropriately applies where a successful party has over-resourced a case having regard to what is at stake, but it should not result in a reduction of the costs otherwise payable in these circumstancin Pitney Bowes, the concept of proportionality appropriately applies where a successful party has over-resourced a case having regard to what is at stake, but it should not result in a reduction of the costs otherwise payable in these circumstancin a reduction of the costs otherwise payable in these circumstancin these circumstances

In such a case, the judge was not purporting to vary an order if he disallowed the successful party a proportion of his costs.

There, the woman in a Family law case represented herself and in terms of the final outcome, was the successful party overall.

In cases where the insured party suffers from bone fractures or other injuries that require further medical expenses after the person has returned to the country of origin, it's extremely vital to contact the insurance company after the first successful treatment.

In cases involving Spanish - speaking parties, it is very important to understand how language and cultural barriers can interfere with the successful resolution of a case during mediation or arbitration when the facilitator does not speak the party's language or understand their culture.

The consortiums that furnish the third party neutrals in these cases advertise a high rate of successful settlements.

Karen Conti has been a lawyer for 26 years, and is a member of the Illinois, California, and U.S., Supreme Court bars, She's handled numerous significant cases, including a successful United States Supreme Court appeal for the Cook County Democratic Party, the death row appeals of serial killer John Wayne Gacy, a reversal in the Illinois Supreme Court in an employment discrimination matter, and a wrongful arrest and injury action against the Chicago Cubs and Los Angeles Dodgers.

So in many cases, this means a quicker and less expensive divorce with terms that are likely to be successful in the longer run because the parties invested time and effort into creating them.

In one recent case, the parties are both engaged in the ownership and management of a successful business and wanted to accomplish a termination of the marital relationship while preserving the value and management of their business enterprisIn one recent case, the parties are both engaged in the ownership and management of a successful business and wanted to accomplish a termination of the marital relationship while preserving the value and management of their business enterprisin the ownership and management of a successful business and wanted to accomplish a termination of the marital relationship while preserving the value and management of their business enterprise.

I told Sue that I have had many successful cases (i.e., ones in which the spouses successfully negotiate the relevant issues and sign a separation agreement) that initially presented a high degree of conflict and mistrust between the parties.

So far from these topics being off - limits, any MHP seeking appointment in a court case needs to fully inform the parties prior to their consent [123], of information about the following kinds of potentials for bias and agenda: whether the MHP has been married or divorced, and how many times, and under what kinds of circumstances, and how the MHP currently feels about those events; whether, if divorced, the MHP went through litigation over custody or property, and such details as whether the MHP had problems paying or receiving child support, as well as the custody arrangements of the MHP's own children and how these worked out and everyone's feelings about them; the MHP's own personal experience taking care of and spending time with children, within and without the scope of «parenting», and with regard to parenting, whether that was parenting as a primary caregiver, married or single parent, with or without household and third party help, or as a working parent or stay - home parent, and for how many children, and for how long, and the outcomes from all of that; i.e. how much time has this person actually spent caring for children on his or her own, and how well did this person's own family systems function, and is this person in fact an «expert» in creating a functioning family and raising happy, healthy, successful children with good outcomes, nay «best» outcomes, thoroughly well - adjusted and having reached the very pinnacles of their innate potential.

While that may or may not be the case, this case demonstrates the belief that each case is different, and that the essential ingredient for a successful collaborative case is an initial in - depth assessment by the collaborative professional team as to what the family dynamics require and how to position the parties for success.

In child custody cases, if the parties agree I work with a psychologist who specializes in «divorce recovery» to enhance the chances of successful mediation and enhanced ability to «co-parent.&raquIn child custody cases, if the parties agree I work with a psychologist who specializes in «divorce recovery» to enhance the chances of successful mediation and enhanced ability to «co-parent.&raquin «divorce recovery» to enhance the chances of successful mediation and enhanced ability to «co-parent.»

Sure the outcome can be the same with damages awarded to the injured party but I would be interested to know if the author is able to cite a case where marketing or advertising incompetence by a Realtor has resulted in successful litigation and an award of damages.