Sentences with phrase «whether litigants»

But whether litigants are better off with a less predictable system which is more interested in throughput than the result is less clear.

We recommend that evaluators screen cases for domestic violence, and determine the suitability of a family law dispute for the ENE pilot program based on the extent to which the domestic violence may affect the safety of a litigant, as well as the litigant's ability to negotiate a fair settlement and their willingness to participate, and whether the litigant is self - represented.

The staff decides whether a litigant, who may or may not be an NAACP member, is entitled to NAACP assistance.

Courts will continue to use their discretion to determine whether a litigant is impoverished or in need to the point that but for the hearing fees, they would be able to pursue their claim, thus qualifying for an exemption.»

It may for example not be necessary to grant legal aid for more than advice, particularly as the obtaining of advice from a competent solicitor may save further cost by persuading the individual that he has no case or enabling him to present his application in a way which enables the decision maker or court to deal with it expeditiously and without the cost incurred in seeing whether a litigant in person does have valid points.

The question of whether a litigant's choice of funding was reasonable has been a recurring theme in costs for many years.

In particular, the court considered whether service of the claim form and particulars of claim is a reserved legal activity under section 12 of the LSA 2007, and, if so, whether a litigant in person could delegate service to a person who was not entitled to carry on a reserved legal activity.

«In deciding whether a litigant is vexatious, the court must look at the whole history of the matter, and not just whether there was originally a good cause of action» [67] based on factors set out in Lang Michener Lash Johnston v. Fabian, [1987] O.J. No. 355 (H.C.).

Comment: A few commenters expressed concern that the rule would place unnecessary additional burdens on health care providers because when they receive a request for disclosure in connection with an administrative or judicial procedure, they would have to determine whether the litigant's health was at issue before they made the disclosure.

The Court has considered whether a litigant has a right to bring federal takings claims in federal court, even if the issues have already been litigated in state court.

Not exact matches

It does depend whether your jurisdiction has a «no prospect of success» or an «improper motive» - style vexatious litigant code.

While the obligation on the judge isn't new, this statement makes clear the importance of ensuring that litigants without lawyers are able to meaningfully participate in the legal action, whether as plaintiffs or respondents and further that they have the opportunity to present their position and evidence to the best of their individual ability.

The working group will need to consider whether such settlements should be recorded as memoranda of understanding, written agreements or consent orders, and who should be responsible for preparing the record, particularly when one or more litigants are self - represented.

Sponsored by a British barrister who once worked for Advocate General van Gerven, the litigants aim to ask the Court of Justice whether they should continue to enjoy their Union citizenship rights even after ceasing to be formally Union citizens as a result of Brexit.

SRLs are so firmly regarded as a waste of court time that no one has thought, as far as I know, to actually check whether they use more or less court time per matter than litigants with lawyers.

Let us urgently commission a proper survey and make an evidence - based decision on whether budgets are worth persisting with for the benefit of litigants.

Creating a double standard is inherently unfair: it leads to inconsistency, and discriminates against litigants who do seek legal assistance from lawyers, whether on a traditional or limited scope retainer.

A common concern among litigants is whether their attorney will communicate with the on a regular basis.

That knowledge is often the key to accessing and engaging effectively with the justice system; whether as citizens, litigants, witnesses, or jurors.

These were to address one or more of eight issues seen as important to courts: form - filling — making court documents more accessible to litigants in person; order drafting — creating orders that are more likely to be accepted by courts; continuous online hearing — challenging the question of whether a court is a place or a service; argument - building — to aid non-lawyers in creating well - structured arguments, distinguishing fact from law; outcome prediction — using technology to answer the natural question «what are my chances of winning?»

Courts are also focusing on the «customer» experience and surveying litigants about whether they felt heard or understood the reasoning and terms of a ruling.

The court cast some doubt on whether expert or survey evidence was necessary, and encouraged litigants to rely on judge's decisions without them.

The question was asked as to whether or not there was the potential for a clash between the Commercial Court Long Trials Working Group's Report and the work of this review; Jackson LJ expressed the need for caution in changing the procedures of the Commercial Court given its position as the court of choice for litigants from other jurisdictions.

Whether this development results in more litigants opting for mediation, shifts the pressure onto the trial list or results in more resources, remains to be seen.

At the behest of the U.S. Chamber of Commerce — a longtime opponent of third party litigation funding — the arm of the federal judiciary that oversees procedural rules recently decided to consider whether courts should mandate disclosure from civil litigants using third party funding to finance their legal claims....

Successful litigants (whether these be deep pocket corporates or individuals with limited financial means) in the future can expect to recover a much - increased amount of costs from the unsuccessful party with a significantly lower «recovery gap».

The test is whether the employee can demonstrate that continued employment was objectively intolerable — which must be obvious in the eyes of the trial judge, not just those of the litigants.

It impacts on the decision and strategy on whether to litigate even with a meritorious claim, and is becoming an issue of access to justice, especially for impecunious litigants who are disproportionally affected by the recovery gap.

McLachlin also poured cold water on the idea of sabbaticals (as suggesed in by Charron in an interview with Canadian Lawyer) to allow Supreme Court judges a chance to recharge their batteries, explaining that litigants may factor the absence of certain judges into a decision on whether to appeal.

Courts were urged to expand physical access and to consider whether remote participation of litigants, witnesses, lawyers, experts and jurors through technology was feasible.

Other critical things to determine include whether the client either needs an attorney (which they might if they are a corporation or an LLC), and whether an attorney can represent a pro se litigant.

What I am really interested in is whether this term, Organized Pseudolegal Commercial Argument (OPCA) litigants, will be adopted by other courts.

The Michigan Legal Help website had that type of evaluation done on whether it helped self - represented litigants navigate the divorce process, and when they followed up with the group they had studied, 74 % using the website got the divorce decree.

For example, in the index covering access for unrepresented litigants, the number 11 indicator is whether the state encourages plain English in the courtroom.

The reputation of this jurisdiction is built on a history that, by and large, and certainly in more recent times, treated litigants alike, whether they be the man on the street or a giant multinational.

Although this research doesn't necessarily label it as such, I've noticed that there's a bit of a slippery slope effect to litigating without counsel, in which the the decision to self - represent, whether a choice was involved or not, seems to trigger a cascade of adverse effects that ultimately result in litigants without counsel achieving worse results in every major area of family law than would have been achieved with counsel.

While this may deter lawyers, and in turn claimants — although there has already been bullish talks from some claimant firms on their intention to make SCC claims work — the SCC will become the new PI battleground, whether claimants act as litigants in person or instruct solicitors.

Ultimately, I am not sure whether these decisions will assist in enhancing access to justice for family law litigants; but, I am hopeful that as a consequence, at least some will pause to reflect for a moment or two on the problems that continue to arise as demand for judicial and court resources increasingly exceeds supply.

Whether advancing a corporate client's goals in a breach of contract and partnership dispute, or advocating for litigants in real estate, probate or trust disputes, we explore every avenue to achieve lasting justice for you.

Whether a constructive dismissal has occurred is judged on an objective standard, not simply the beliefs or intentions of the litigants.

Further, according to Comment 5 to Rule 2.11, a judge has a duty to disclose information that litigants might find relevant to a disqualification motion, like whether either the parties or their lawyers have made campaign contributions, even if the judge believes there is no basis for disqualification.

The court also referred to the Court of appeal's recent judgment, Bishop v. Bishop, where the court considered the plaintiff's «non-judicial proceedings» in determining whether the plaintiff was a vexatious litigant.

John Hodgman (from the Daily Show, among other things) hands down «fake justice» to litigants (often lawyers) on diverse topics including whether homeowners should install a pool or how much time a spouse should chat at the grocery store.

After an overview of the Employment Tribunal regime in chapter 1, it launches into a consideration of the need for advice, thus openly pitching to the lowest common denominator of the litigant in person while in a balanced and unbiased manner (bearing in mind that it is written by seasoned practitioners) considering whether professional assistance is necessary.

Whatever the cause and impact of unrepresented litigants on the civil justice system may be, I am of the view that the civil justice system must exist to serve members of the public — whether represented or not.

It helps litigants identify whether an insurer's appeal process should impact the start of a limitation period.

(1) The Brennan Center posted a good summary of the case and links to all of the briefs, including the ACLU's amicus brief (supporting judges who plan to mass - solicit money directly from anyone, including the lawyers and litigants who will appear before those judges) and the ABA's amicus brief (supporting the Canon prohibiting such solicitation, whether in person or in writing).

Another option would be a third - party system that collected information from possible litigants, then offered their cases to a number of firms, which would choose whether or not to offer their services.

Whether you are a litigant who requires an experienced appellate lawyer, or a lawyer who requires a local agent in Toronto to provide filing or other technical assistance, we are here to help.

Business litigants turn to GMSR when the stakes are high, whether it's to preserve an important victory or to challenge an adverse decision.