Sentences with phrase «under pha»

Under PHA 1997 action has to be taken in the civil courts or the criminal courts.

Generally, there is a three month limitation period in discrimination cases and six years under PHA 1997.

There are many differences between claims for harassment under PHA 1997 and under discrimination legislation.

The claimant brought a harassment action and the Borough applied to strike out the claimant's claim on the grounds that even though its conduct may have been careless, negligent or even vexatious it did not amount to harassment under PHA 1997.

Thankfully, two further cases, decided since Conn, have shed some further light on the relationship between civil and criminal liability under PHA 1997.

Harassment is not defined in PHA 1997 but includes causing a person alarm or distress — the type of «conduct» that can amount to harassment under PHA 1997 includes speech.

Lord Justice Jacob's judgment in Ferguson dispenses with the notion that the scope of civil liability under PHA 1997 is restricted by the existence of parallel criminal liability.

● Section 3 of PHA 1997 provides a civil remedy for anyone who is the subject of actual or apprehended harassment under PHA 1997, s 1.

In Allen v London Borough of Southwark [2008] EWCA Civ 1478, [2008] All ER (D) 113 (Nov) the Court of Appeal considered whether the bringing of five separate possession claims, each raising the same bad point, could amount to harassment under PHA 1997.

What though is the risk to the claimant in commencing litigation under PHA 1997 after successfully litigating their claim in the employment tribunal?

The Court of Appeal disagreed with that approach and stated that the primary focus when assessing any claim under PHA 1997 is to look at which side of the oppressive - unacceptable / unattractive - unreasonable - regrettable line the conduct fell.

Thus, in cases of constructive dismissal it is likely that a court considering a claim for compensation for harassment will be able relatively easily to conclude that it follows from the facts of the dismissal that a claim under PHA 1997.

This was seized on by the Court of Appeal in Conn v Sunderland City Council [2007] EWCA Civ 1492, [2007] All ER (D) 99 (Nov) as establishing a requirement of a threshold akin to that applied by the Crown Prosecution Service when considering whether to prosecute under PHA 1997; and that therefore to mount a successful claim the behaviour amounting to harassment had to be tantamount to criminal.

The question of how serious must the conduct be to constitute harassment for the purpose of a claim under PHA 1997 has been considered by the higher courts.

Breach of any of the terms of any injunction ordered under PHA 1997 by any defendant (whether named or unnamed) acting «without reasonable excuse» is potentially a criminal offence under s 3 (6).

The court will in future have the power to impose a restraining order under PHA 1997 when convicting a defendant of any offence.

It follows that the only difference between the civil and criminal offences under PHA 1997 is the burden of proof.

Prior to these amendments, the criminal court could only make a restraining order under PHA 1997 where a defendant was convicted of an offence under PHA 1997, ss 2 or 4.

Even in the case of rentals of government owned property, the individual units occupied by tenants would, in Justice Berger's interpretation, amount to a «private place» under the PHA.

The Standards, which are authorized under the PHA, add that owners must ensure that premises are maintained in a waterproof, windproof and weatherproof condition.

Not exact matches

Dillin notes that this work is already being done, adding that pha - 4 has three mammalian homologues (similar genes serving similar functions) falling under the Foxa family of genes, which regulates the pancreatic hormone glucagon in the pancreas and liver.

Thus, the characteristics and molecular mechanisms of PHA synthase were under a dark veil.

And I knew that Gajda's PHA system worked wonders, as another workout I designed based on Gajda's PHA principles helped my client Aaron lose 35 + pounds and got him in such good shape that he was doing 175 Medicine Ball Burpees in under 20 minutes.

This article suggests that any strategy to counter NVDA should be civil injunction led and should be policed under the civil provisions of the Protection from Harassment Act 1997 (PHA 1997).

The PHA also can assign FMRs by neighborhood (outside of the pilot program I mentioned), provide exceptions for tenants to rent places above FMR if they require reasonable accommodations, and is required to not spend more than market rent for a unit, even if the unit is under the FMR cap (ie don't pay top dollar for war - zone units).