Sentences with phrase «unreasonable conduct»

The firm will guide you through the litigation process, deal with unreasonable conduct by insurance companies or others and advise you every step of the way in obtaining fair compensation for your situation.

A failure to do so will likely lead to a finding of unreasonable conduct on the part of that litigant.

Rather, the asserted basis for liability is founded in: Mr. Kelley's alleged unreasonable conduct in physically contacting Mr. Kraft's body in a manner that prevented him from safely exiting the ATV; and Mr. Kelley's breach of a pleaded duty «not to obstruct, delay or prevent Mr. Kraft from exiting the ATV in an emergency situation».

The solution could be to have some sort of exception made for unreasonable conduct as suggested to Sir Rupert Jackson by myself and cited at page 148 of the his final report.

Further, s. 31A also allows Indian courts to take parties» conduct into account when deciding how to award costs, and to use cost sanctions to discourage excessive, dilatory or unreasonable conduct on the part of litigants.

When it does, it should clarify that officers can not escape liability when their own unreasonable conduct leads them to use avoidable force.

All of these would be considered unreasonable conduct meriting a costs sanction.

The matter came before Lord Justice Patten, who took a different view to Brigg LJ's general rule, and stated: «I have some difficulty in accepting that the desire of a party to have his rights determined by a court of law in preference to mediation can be said to be unreasonable conduct particularly when as here, those rights are ultimately vindicated.»

The arbitrator concluded by noting that a finding of unreasonable conduct rising to the level of harassment could not be established based on a grievor's subjective perceptions and interpretations.

It tells officers that they can shoot first and think later, and it tells the public that palpably unreasonable conduct will go unpunished.

Costs powers would be modelled on those of the other chambers, directed at unreasonable conduct only.

Unreasonable conduct fell in the middle.

ICBC's unreasonable conduct forced this claimant to pursue this car accident litigation for over 10... Continue reading →

The lawyers» drafting error was merely the spark that lit the flame, while the husband's bad faith and unreasonable conduct turned this litigation into the massive conflagration it ultimately became.

The proposals include a power for the court to determine whether costs sanctions should be imposed for unreasonable conduct relating to ADR (such as an unreasonable refusal to mediate) not only at the end of a case, as currently, but during the matter when the decisions regarding ADR are taken.

Lord Justice Gage held: «It seems to me that what, in the words of Lord Nicholls in Majrowski, crosses the line between unattractive and even unreasonable conduct and conduct which is oppressive and unacceptable, may well depend on the context in which the conduct occurs.

Like Judge Coulson QC in Witham, the judge in Wethered Estate was clear that, in some circumstances, delaying mediation might amount to unreasonable conduct which could attract costs sanctions.

The court may impose a cost sanction to penalize this kind of unreasonable conduct.

A very similar regime (lay representation allowed and no legal cost - shifting except for unreasonable conduct) applies to employment and other tribunals, where it seems to work, although the issues there are often complex and many claims exceed # 5,000.

I have, for what it is worth, urged Sir Rupert to recognise that unreasonable conduct must lead to a more generous, realistic recovery.

Engage in unreasonable conduct, such as demanding excessive proof of losses or making obnoxious discovery requests

The level at which he examined the negotiating stances of the parties» solicitors is interesting, and a lesson to all litigation solicitors that unreasonable conduct has a habit of resurfacing.

Personal injury is the legal term given to cases which involve harms and losses caused by the unreasonable conduct of another individual or party.

If a party refuses to attend mediation in such cases, the court can consider this refusal when assessing whether the party has engaged in unreasonable conduct that has caused unnecessary costs.

In PGF II SA v and — OMFS Company 1 Ltd [2013] EWCA CIV 1288, Lord Justice Briggs determined that silence in the face of an invitation to participate in ADR was — as a general rule — unreasonable conduct, regardless as to whether a refusal would have been reasonable.

Police officers must engage in intentional, unreasonable conduct that violates someone's legal rights before any action can be taken.

First, to categorise a failure to settle on particular terms as unreasonable conduct would open up wide questions with ramifications for other forms of litigation, and there had been no argument on the point.

«The remedy of the defendant Poulos for any arbitrary and unreasonable conduct of the city council was accordingly in certiorari or other appropriate civil proceedings.»

The concept of proportionality meant it was absurd to give costs which are not recoverable in small claims unless there is unreasonable conduct; CPR 27 (14).

At the resumed hearing, the Respondent applied for the claim to be struck out because of the Claimant's unreasonable conduct of the proceedings.

I then got a voicemail from another senior male lawyer accusing me of unreasonable conduct and threatening that he would act accordingly.