Sentences with phrase «such alleged breaches»

5.2 The Board of Directors shall from time to time determine the procedures to be followed for hearing such alleged breaches, including appeals, and for the subsequent communication of findings and any other matters it deems to be relevant.

Not exact matches

They «allege their businesses have been placed at risk due to the cybersecurity incident and generally assert various common law claims such as claims for negligence and breach of contract, as well as, in some cases, statutory claims.»

You further agree that if any third party brings or threatens any action against us as a result of any alleged act by you in relation to your use of the Services which, if proved, would be unlawful or in breach of these terms, you will indemnify us against our own legal costs in defending such action or threat whether or not the alleged act is proved and whether or not our defense is successful.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the contract).

If breach of such an order is to be a criminal offence, then there is an argument that the alleged perpetrator should be entitled to funding for representation in the initial family proceedings.

(3) The jury may also --(a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it; (b) have regard to any health and safety guidance that relates to the alleged breach.

Defence counsel would far prefer to face 50 charges alleging money laundering or accounts rules breaches on 50 occasions, than two charges alleging 25 such transactions.

Where the matter is an alleged breach of contract, the employer must have committed an independent actionable wrong, such as (but not limited to) a breach of the duty of good faith described above, to be ordered to pay punitive damages.

Within the restricted two - year period after Lanning's departure, Manitowoc alleged that Lanning breached this covenant by engaging in competitive activities such as actively recruiting (or poaching) some of Manitowoc employees to work for his new company.

When one views such measures together with the «ramping up» of the US Department of Justice's investigations of alleged breaches of US anti-corruption laws by foreign companies, it is clear that companies which ignore the potential for US / EU law and the recent changes in UK law to apply to their conduct do so at their peril.

She alleges that the BSB infringed her right to a fair trial in breach of ECHR, art 14, read with art 6 and submits that the defendant's rules are applied in such a way that, although the Code of Conduct of the Bar applies to all barristers in England and Wales, it particularly disadvantages ethnic barristers who make up only a small proportion of the membership of the Bar.

(iii) Whether any alleged loss arising out of such breach was forseeable.

Wong v. Grant Mitchell Law Corp. et al. 2015 MBQB 88 Barristers and Solicitors — Medicine — Professional Occupations Summary: The plaintiff sued a law firm, alleging that his lawyers did not provide him with appropriate advice with respect to a limitation period such that he lost his opportunity to sue a psychologist for breach of duty of disclosure.

Where the charge is an offence against the administration of justice, such as a breach of a court order, the Prosecutor should consider the extent of non-compliance, the seriousness of the alleged breach and any apparent reasons for the breach in determining her position on bail.

Such excerpt must contain, at least: (a) the sources of law that form the basis of the sanctioning proceeding, (b) the alleged facts and the breach of law, (c) a short indication of the proceeding's acts, and (d) Consob's Board decision], with the indication of the person sanctioned, the confirmed breach, the type and the severity of the imposed sanction, and the criteria on the basis of which the sanction was determined.

Examples of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability of non-employer for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(claims arising from alleged breaches of restrictive covenants in employment contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a claim alleging that a public official had committed the tort of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner of Police for the Metropolis [20011] EWHC 1246 (QB)(claims by young foreign females that they had been trafficked into the UK by foreign nationals for the purpose of slavery and that officers of the Metropolitan Police Force breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable of South Wales Police [2016] EWHC 1367 (QB)(claims by retired and serving police officers for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police arising from an investigation by officers of that force into alleged criminal conduct on the part of the claimants during the course of an investigation into a notorious murder in South Wales.

Where a court is considering an application for an enforcement order in relation to a contact order under the Children Act 1989, or for an order following an alleged breach of an enforcement order, and asks an officer of the probation service to provide information to the court, and the officer will need to discuss aspects of the court case with an officer of the National Probation Service, the court should give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

There could accordingly have been no impediment to the claimant suing in negligence for the alleged breach of duty by her professional advisers once such breach had caused loss in the form of her imprisonment.

The appellant sued the respondents alleging negligence, breach of duty of care, and breach of their duty under s. 3 (1) of the Occupiers» Liability Act, R.S.O. 1990, c. O. 2, to «take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.»

There are other downstream players such as Cambridge Analytica and its alleged associates who have been reported to be involved in the data breach,» the government spokesperson said.

It seems that Police department of South Korea is staying quite active to immediately ground any such attacks especially after the noteworthy breach and hack of Bithumb wherein personal data of nearly 31000 people was said to be leaked alleging a theft worth «hundreds of millions of won».

They concluded: «The registrar (RECO) simply failed to prove that the registrant, Helmut Klingel, had breached any of the sections of the Code of Ethics he was alleged to have breached...... There was simply no evidence presented at the hearing to support such allegations.»