Sentences with phrase «under the judgments regulation»

It followed that delivery of the goods took place upon shipment in every sense that could conceivably be relevant under the judgments regulation, Art 5 (1)(b) and that the appeal should be dismissed on that basis alone.

[2009] EWCA Civ 1397; [2010] 1 Lloyd's Rep 193; [2010] 2 All E.R. (Comm) 1243; [2010] I l Pr 10; [2009] 2 CLC 1003]; The Times 8th Feb 2010; — leading case on recognition under the Judgments Regulation of foreign judgments obtained in breach of London arbitration agreements, and issue estoppel.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.

Not exact matches

(B)(i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency, or (ii) in the case of an agency described in clause (1)(B)(ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pursuant to clause (1) of this subsection, such State may, if it so desires, assign responsibility for the part of the plan under which vocational REHABILITATION services are provided for the blind to one organizational unit of such agency, and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this clause applying separately to each of such units; provide for financial participation by the State, or if the State so elects, by the State and local agencies to meet the amount of the non - Federal share; provide that the plan shall be in effect in all political subdivisions, except that in the case of any activity which, in the judgment of the Secretary, is likely to assist in promoting the vocational REHABILITATION of substantially larger numbers of handicapped individuals or groups of handicapped individuals the Secretary may waive compliance with the requirement herein that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by him, but only if the non - Federal share of the * cost of such vocational REHABILITATION services is met from funds made available by a local agency (including, to the extent permitted by such regulations, funds contributed to such agency by a private agency, organization, or individual);

You just mentioned something, a collection that could have been signed to a third party collection agency, public records such as judgment, insolvencies, bankruptcies, consumer proposals, registered leans, right from when a bank puts a lean on a vehicle for instance, that should be showing under the PPSA regulations in Ontario.

Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court for the Northern District of Oklahoma's grant of summary judgment and determined that the defendants» large - scale excavation project, involving site modification and the use of excavated rock and soil in the installation of wind turbines, constituted «mining» under federal regulations addressing mineral development on Native... Complete story»

In his written judgment, Mr Justice Burton outlined five tests to determine whether a philosophical belief could come under employment regulations on religious discrimination.....

Tim Nicholson entitled to protection for his beliefs, and his claim over dismissal will now be heard by a tribunal..................... In his written judgment, Mr Justice Burton outlined five tests to determine whether a philosophical belief could come under employment regulations on religious discrimination http://www.guardian.co.uk/environment/2009/nov/03/tim-nicholson-climate-change-belief

In sum, the CJEU holds that the General Court erred in law in finding that the aid's compatibility should have been assessed under Regulation (EEC) 1191/69 for what concerned the payments made after 3 December 2009, and referred back the dispute for assessment of the two pleas which were not analysed at the time the judgment was delivered.

The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).

Article 5 (1) of the judgments regulation provided, so far as material: «(b)... unless otherwise agreed, the place of performance of the obligation in question shall be: - in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered...»

The Hague Convention also permits a Court to refuse to enforce a judgment for a broader range of reasons than is the case under the Recast Regulation.

Where a seller under a contract on FOB terms retains no interest in the goods upon shipment, delivery is made at the place of shipment, under Art 5 (1)(b) of Council Regulation (EC) 44/2001 (the judgments reRegulation (EC) 44/2001 (the judgments regulationregulation).

The High Court (Burnley District Registry) has granted summary judgment on claims brought against NHS East Lancashire under the Public Contracts Regulations 2006, judging them to have been brought out of time.

This provision was first interpreted in Bier v Mines de potasse d'Alsace (then still under the pre-predecessor of the Regulation, the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters).

«The judgment shows that there must be specific link between the work equipment and the employer's undertaking before the employer comes under the strict responsibilities imposed by the Regulations.»

He set out the applicable principles for personal performance in paragraph 84 of his judgment regarding substitution and stated that the ET was correct in their finding that Mr Smith undertook to provide his services personally under the 2009 agreement within section 230 (3)(b) of the ERA, regulation 2 of the WTR and the definition of employment in section 83 (2) of the EA.

In the case, an elderly Lord Atkin, of Donoghue v Stevenson fame, gave a powerful dissenting judgment arguing that the regulation required the Home Secretary to have an objective reason to detain a person under the power.

The judgment confirms the 2009 ruling in Sturgeon, in which the Court held that under Articles 5 - 7 of Regulation 261/2004 passengers not only have the right to standardized monetary compensation in case of denied boarding or cancellation, but also in case of long delay (long being three hours or more).

JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev (various judgments including: [2015] EWCA Civ 906, [2015] EWHC 2623 (Ch), [2014] EWHC 4336 (Ch)-RRB- Acting for the liquidator of what was formerly one of Russia's largest privately owned banks on its claims against one of its founders, Sergei Pugachev, under, among other things, the Cross Border Insolvency Regulations 2006 (with Stephen Smith QC and Ben Griffiths).

When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service, under the provisions of this Regulation, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled:

Hugh Mercer QC appeared as counsel for the Ministry of Justice on the issue of whether the Supreme Court had jurisdiction to hear an appeal against a refusal to enforce a Romanian judgment under the Brussels II Revised Regulation.

Following a number of procedural skirmishes, we applied for summary judgment on behalf of Mr Huertas as it was clear that Dr Smith was effectively seeking to review the substance of the French Judgment which is not permitted under Article 36 of the 2001 Brussels Regulation.

The judgment is likely to have profound implications not just for challenges brought under the Public Contracts Regulations 2006 («the 2006 Regulations») but also for applications for judicial review, both -LSB-...]

Further, it reinforces the position that under no circumstances will the English court review a foreign judgment as to its substance in accordance with Article 36 of the 2001 Brussels Regulation.

Acting (as junior to Mark Templeman QC) on behalf of FKI resisting Stribog's application for a stay of proceedings under Article 28 of the Judgments Regulation on the basis that related proceedings had been brought between the same parties in Germany.

Bankhaus Wolbern & Co (AG & Co KG)(2) Vision 93 Konserveirungs Und Vermogensverwaltun GS GMBH & Co KG v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

L.R. 873; [2014] 1 Lloyd's Rep. 223; [2013] 2 C.L.C. 713; [2014] Lloyd's Rep. I.R. 327 — appeal against decision of Court of Appeal to overturn decision of Burton J for want of jurisdiction under Article 27 of the Judgments Regulation (see [2012] EWCA Civ 1714; [2013] 1 All E.R. (Comm) 1297; [2013] 1 Lloyd's Rep. 217; [2013] 1 C.L.C. 123; [2013] I.L.Pr.

US Fifth Circuit reverses summary judgment in favor of employer in overtime wage case involving a vessel - based offshore worker under the Fair Labor Standards Act — Marine employers should rely on the definitions of «seaman» developed under FLSA cases and related Department of Labor Regulations instead of definitions developed in Jones act personal injury litigation.

Judgments handed down in any of the Nordic States which have made the declaration provided for in subparagraph (a) under a forum of jurisdiction corresponding to one of those laid down in Chapter II of this Regulation, shall be recognised and enforced in the other Member States under the rules laid down in Chapter III of this Regulation.

Notwithstanding a judgment of non-return pursuant to Article 13 of the 1980 Hague Convention, any subsequent judgment which requires the return of the child issued by a court having jurisdiction under this Regulation shall be enforceable in accordance with Section 4 of Chapter III below in order to secure the return of the child.

In Secretary of State for Work and Pensions v Boyle [2008] EWCA Civ 21, All ER (D) 53 (May) LJ starts his judgment: «It is notorious that legislation and in particular regulations made under or in relation to the Child Support Act 1991 sometimes give rise to difficult, even sometimes impenetrable, questions of construction»: what chance the AILP when May LJ says that?

Although there are evidently major differences between the medical device and medicines regulatory regimes, these judgments nevertheless provide useful guidance to interpret the notion «(non --RRB- industrial scale» under the draft MD Regulation.

In a judgment released earlier today (Speciality Produce Limited v Secretary of State for Environment, Food and Rural Affairs [2014] EWCA Civ 225), the Court of Appeal dealt with a case where the claimant, SPL, had sought judicial review of an initial decision by the Rural Payments Agency derecognising it as a producers organisation under the relevant EU Regulation.

The Lonsdale case, in which the leading opinion was given by Lord Hoffmann, upheld the Court of Appeal judgment of Lord Justice Moore - Bick -LRB-[2006] EWCA Civ 63, [2006] All ER (D) 90 (Feb)-RRB-, confirming compensation under the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053)(the regulations), reg 17 should be assessed on the basis of the open market value of what a purchaser would be prepared to pay to «stand in the shoes of the agRegulations 1993 (SI 1993/3053)(the regulations), reg 17 should be assessed on the basis of the open market value of what a purchaser would be prepared to pay to «stand in the shoes of the agregulations), reg 17 should be assessed on the basis of the open market value of what a purchaser would be prepared to pay to «stand in the shoes of the agent».

ZH 1006 (2012): jurisdiction challenge by a Chinese Bank in the context of a non exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.

SUMMARY OF QUALIFICATIONS • Over 2 years experience as a shuttle driver • Valid Class B commercial driver's license • Highly skilled in driving shuttles to and from designated parking areas • A careful and calm driver • Hands - on experience in driving a variety of vehicles, such as coach, bus, van and SUV • Proven ability to perform professional driving in hectic situations • Proven record of following traffic regulations • Able to clean of interior and exterior of the shuttle cart and vehicle • Demonstrated ability to exercise judgment and operate under time pressure • Bilingual — English and Portuguese

Under the Regulation, any EU country must automatically recognise judgments given in another EU country on matrimonial and parental responsibility matters.

(14) Imposing, and authorising a Protector to inflict summary punishment by way of imprisonment, not exceeding fourteen days, upon aboriginals or half - castes, living upon a reserve or within the District under his charge, who, in the judgment of the Protector, are guilty of any crime, serious misconduct, neglect of duty, gross insubordination, or wilful breach of the Regulations;

Wherever the word «operate» or «operating» as a broker, broker associate, or sales associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein.

Neither party will be liable for any failure or delay in performance under these Agent Terms due to fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, terrorism, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation, decree, regulation, ordinance, or instructions of Government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of these Agent Terms).