Sentences with phrase «such adjudication»

Since Co-operators and the tortfeasor defendants were released, no such adjudication was possible.

More generally, it is primarily for the national authorities, notably the courts, to interpret and apply domestic law, if necessary in conformity with EU law, the Court's role being confined to ascertaining whether the effects of such adjudication are compatible with the Convention» (ECtHR 3.10.2014 [GC], Jeunesse v.

Four purposes of such adjudication can be distinguished: ensuring that the legislature does not overstep constitutional boundaries; protecting the rights of individuals in specific situations; resolving inter-institutional disputes; and ensuring the integrity of the political office and process.

(3) Any creditor licensed under this chapter adjudged after May 20, 1996 by a court of competent jurisdiction in any civil action to be in deliberate violation of or in reckless disregard for this chapter shall within 10 days of such adjudication forward a copy of the judgment to the administrator.

Not exact matches

The other party in these disputes, such as the CBSA, have expenses as well and we can not forget the dollars spent for adjudication (the CITT's net cost of operations was over $ 12 million last year).

In parallel, adjudication will be completed for all MACE which occurred during the study, including adjudication for certain events which, per protocol, can not be finally adjudicated until patients complete their final site visit and results are available from certain non-invasive diagnostic testing conducted during such site visits.

In particular, referring to applicants and petitioners for immigration benefits, and the beneficiaries of such applications and petitions, as «customers» promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law.

With a subjective interpretation and adjudication of such cases, we need reassurance that such would not restrict the free exercise of religion for our chaplains and military personnel.

It is calculated that challenges such as this have resulted in over # 1.1 million in adjudication costs per year, with some campaigners appearing to be attempting to influence wider education policy as opposed to the actual operation of the admission systems.

«(a) DEFINITION - For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

The Pet Industry Joint Advisory Council (PIJAC) is responding to a major policy change by the U.S. Department of Agriculture (USDA) last week to remove inspection reports and other documents including personal information, such as «regulatory correspondence, research facility annual reports, and enforcement records that have not received final adjudication» from their website.

(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or to an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; [the law enforcement exemption]

- Reduction of the scope of prison law to cases that engage Articles 5.4 (the right to have ongoing detention reviewed) and 6 (right to a fair trial) of the European Convention on Human Rights, such as Parole Board review hearings, some sentencing matters and adjudication hearings for disciplinary matters.

Such conduct diminishes the public's respect for the court and for the administration of criminal justice and thereby undermines the legitimacy of the results of the adjudication.»

Nothing in the opinion of this Court, therefore, may properly be regarded as an adjudication on the merits of the constitutional issues presented by these cases, which raise the question of the validity not of the private agreements as such, but of the judicial enforcement of those agreements.

Indeed, the fact that the «adjudication of this case» concerns such questions of the internal constitutional requirements of the United Kingdom shows that the question does not yet fall within the scope of the Court of Justice's interpretative authority because the relevant EU law — Article 50 — has not yet been activated.

I believe that, once we have agreed on a Bill of Rights, an amending formula, and a system of final adjudication, little would stand in the way of a general constitutional conference to discuss such other particular changes as may be necessary to adapt our constitution to the requirements of our day.

The test for such exclusion has evolved, but its latest formulation requires a balanced approach be adopted whereby the factors taken into account give consideration to the seriousness of the violation, the effect on Charter - protected interests, and society's interest in the adjudication of the charge on its merits.

In the recent case of Bintai Kindenko Pte Ltd v Samsung C&T Corp [2017] SGHC 321 ¸ the Singapore High Court further clarified what would amount to a breach of natural justice on the part of the adjudicator, such that the Court would exercise its power to set aside the adjudication determination.

In fact, a single statute can set out different standards of proof that might apply depending on the level of adjudication within the administrative body and the legal issue to be decided, such as the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

while going to trial has long been seen as a last resort, other dispute resolution mechanisms such as mediation and settlement are more likely to produce fair and just results when adjudication remains a realistic alternative.

Disputes of this nature, such as a breach of contract, typically fall under what is known as civil litigation which entails the use of courts or arbitrators for adjudication.

I can not help but think that the obligation of the Mahr is as unsuitable for adjudication in the civil courts as is an obligation in a Christian religious marriage, such as to love, honour and cherish, or to remain faithful, or to maintain the marriage in sickness or other adversity so long as both parties live, or to raise children according to specified religious doctrine.

A juvenile delinquency adjudication (i.e. conviction) does not make you deportable the way that many adult criminal convictions do, but they do have to be disclosed on immigration forms such as applications for adjustment of status to permanent residency (I - 485), and applications for naturalization (N - 400) and once juvenile adjudications (i.e. convictions) are disclosed:

As such, if an organisation has been engaged by a client other than to provide legal advice and assistance (e.g. to provide project management advice, contractual advice and / or adjudication advice, all of which are different to the provision of actual legal advice), then it is unlikely that privilege will apply to that advice regardless of whether the organisation employs solicitors and / or barristers.

The calculus in approaching or avoiding the Ombudsman should be based on a variety of factors, such as, the financial strength of the project and its potential or actual job - creation activities; the factually - demonstrable urgency in receiving an adjudication; the presence or absence of red - flag factual or legal issues; and the likelihood that the particular case presents issues that, once resolved, would benefit multiple EB - 5 stakeholders, and thereby allow the Ombudsman to husband its scarce resources, and get more bang for its intercessory buck; and other relevant considerations.

That decision required the panel to make findings of fact (whether there would be procedural prejudice, for example) findings of law (such as whether responsibility for delay before the establishment of the current or most recent regulatory regime should be attributed to the Commissioner) and the exercise of a discretion (weighing in the balance the public interest in addressing the complaints on their merits against the public and private interest in fair adjudication).

This requires working on counsel and arbitrators to perceive of themselves as being engaged in a process of public law adjudication that requires them to act in accordance with the expectations connected to such a role, most importantly to live up to the values of public law that fuel the criticism of investment law as privatizing global governance.

Certainly, one could argue that public law adjudication requires a certain adjudicatory structure, such as the presence of an appeals mechanism and permanent courts with tenured judges; yet, this disregards that arbitration is not an infrequent mode of settling disputes between public law bodies and private actors also at the purely domestic level, and is obviously accepted under the constitutional provisions of the legal systems involved.

In that capacity, Andrea provides mediation and adjudication services to families who are involved in disputes with institutions such as Children's Aid Societies and School Boards.

Going to court is expensive, and that is why our commercial dispute resolution lawyers have considerable experience and training in different commercial dispute resolution processes including litigation, arbitration and alternative dispute resolution such as negotiation, conciliation, adjudication and particularly mediation.

Taiwanese enterprises became rather mature with the global IP regime and with the assistance of IP professionals and authorities, such as the Intellectual Property Court being established in 2008 in response to the public's concerns of the adjudication of IP related cases.

If such was then case then neither the provision for adjudication itself nor the provision for the service of withholding notices would bind Dyason.

(Ontario's auto insurance adjudication is littered with such cases.)

Despite Justice Cunningham's detailed recommendations in terms of how to reform the dispute resolution system and improve the adjudication of home warranty disputes, the province of Ontario has yet to confirm whether it will be enacting such reforms.

The other examples provided by commenters, such as arranging, conducting, or assistance with primary and appellate level review of enrollee coverage appeals, also fall within the scope of adjudication of health benefits claims.

Therefore, such positions may be revoked or amended in the later course of the investigation or a subsequent adjudication or separate proceeding.

If the respondent willfully fails to comply with an order to obtain such employment, the court may commit the respondent to jail upon adjudication for indirect criminal contempt, provided the respondent is afforded all of the procedural safeguards available to criminal defendants.

As such, the Court of Appeal ordered that both the 24 % and 5 % rates be set aside and the matter proceed for an adjudication as to the proper rate of interest.

Either party can petition the appropriate court for an adjudication of paternity (if this has not already been established in connection with the issuance of the birth certificate), and for a parental responsibility and child support order, at any time, if no such order is in place (assuming that Pennsylvania is the «home state» of the child and venue is...

The court recognized the reality of mediation and settlements, but recognized that such resolutions should happen in the shadow of the law: «mediation and settlement are more likely to produce fair and just results when adjudication remains a realistic alternative».

This being a dispute regarding commercial transactions, a sector of the most active relationships in a growing economy such as that of Kenya — a fact of which we take judicial notice — it is reasonably to be expected that such legal principles as will emerge from the adjudication of the intended appeal will, in time, have a significant recurrence in the incidence of dispute settlement.

Such evaluations will inevitably inform decision - making, but there need to be procedural safeguards to ensure that this does not undermine a fair and balanced adjudication of ongoing issues.

And in the age of the «proliferation» of international courts and tribunals, and the accompanying challenges (such as the possible «fragmentation» of international law), it is increasingly difficult to discuss international adjudication in any complete sense without having reference to Professor Shany's writings.

In such a case, adjudication must be withheld and points, as provided by s. 322.27, may not be assessed.

I understand that three - year and seven - year driving records DO NOT display a violation, suspension, accident or other charge if I was found not guilty, if the charge was dismissed, or if adjudication was withheld by the courts (such as when I go to traffic school to avoid the points being placed on my license).

To schedule a driver license hearing, such as a «show cause» hearing for a serious moving violation such as driving while intoxicated (DWI), driving while under the influence (DUI), operating while impaired (OWI), leaving the scene of an accident, (LAC) etc.; a misrepresentation hearing, or a driver license reinstatement hearing, you must visit Adjudication Services.