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28 Jun 2021, 7:37 am
Often this regular amount is determined by the claimant’s income. [read post]
28 Jun 2021, 1:00 am
In particular, the issue before the Court is whether there is jurisdiction in a personal injury claim that attracts the application of Part 44 Section II of the Civil Procedure Rules , which relates to Qualified One-way Costs Shifting, to allow the set-off of an order for costs made against the Claimant against an order for costs made in the Claimant’s favour. [read post]
27 Jun 2021, 1:23 pm
Thus in Theakston v MGN ([2002] EMLR 398) although the claimant was refused an injunction to restrain publication of a story about a visit to a brothel, he did grant an injunction to restrain the publication of a photograph of the claimant inside the brothel. [read post]
25 Jun 2021, 4:53 pm
The Judge’s damning conclusion was “There seems to be no basis for the suggestion that the defects in the claimant’s case are such as to be capable of cure by amendment. [read post]
25 Jun 2021, 10:00 am
As a result, the mortgage lender is able to claim priority over other claimants to the home and even secure priority in any bankruptcy proceedings the borrower might file. [read post]
25 Jun 2021, 3:48 am
The minority would interpret section 12(1) of the SIA as allowing the court to make alternative directions as to service if the claimant’s right of access to the court would otherwise be infringed. [read post]
25 Jun 2021, 3:14 am
The grounds for challenging legislative competence Shortly after the UNCRC Bill was passed by the Scottish Parliament, the Secretary of State for Scotland issued a letter to the Deputy First Minister indicating that, while the UK Government welcomed the Scottish Government’s support for children’s rights and respected the Scottish Parliament’s right to legislate in this area, there were doubts over the legislative competence of specific provisions. [read post]
24 Jun 2021, 11:13 am
The trial judge applied the relevant legal test for a finding of defamation, which requires proof that the words communicated: 1) Are defamatory, in the sense they would tend to lower the claimant’s reputation in the eyes of a reasonable person; 2) Refer in fact to the claimant; and 3) Were published, meaning that they were communicated to at least one other person. [read post]
24 Jun 2021, 11:13 am
The trial judge applied the relevant legal test for a finding of defamation, which requires proof that the words communicated: 1) Are defamatory, in the sense they would tend to lower the claimant’s reputation in the eyes of a reasonable person; 2) Refer in fact to the claimant; and 3) Were published, meaning that they were communicated to at least one other person. [read post]
24 Jun 2021, 10:12 am
That’s all for this week. [read post]
23 Jun 2021, 2:22 pm
Claimants in these cases must establish that the company could have used a less dangerous design, the alternative design would not pose an unreasonable financial burden, and the alternative design would have maintained the product’s purpose and use. [read post]
23 Jun 2021, 12:57 pm
’s overall cost of insurance fraud is above $40 billion a year. [read post]
23 Jun 2021, 9:04 am
But that’s not the case. [read post]
23 Jun 2021, 8:57 am
The person’s medical condition(s) must prevent them from doing work that they did in the past, and it must prevent them from adjusting to other work. [read post]
23 Jun 2021, 8:12 am
More broadly, international law defenses to U.S. jurisdiction generally fail unless the court holds the treaty provision to be truly self-executing or the claimant can prove the court is statutorily precluded from exercising jurisdiction in their specific scenario. [read post]
22 Jun 2021, 2:48 pm
However, in a June 21, 2021 opinion (here), the Ninth Circuit reversed the district court, finding that the claimant had sufficient standing to pursue the claim. [read post]
22 Jun 2021, 9:50 am
Despite how unemployment is designed to assist claimants and tax employers for those benefits based on each employer’s specific job loss experience, it seems the only action at reform for the moment is to help employers out. [read post]
22 Jun 2021, 8:11 am
” “‘No identified PSLRA plan of allocation has required the disclosure or accounting of trades other than a claimant’s own transactions in the subject security,’ Robbins Geller wrote. [read post]
22 Jun 2021, 3:27 am
It was not the claimant’s case that the indemnity had not been brought to her attention. [read post]
22 Jun 2021, 3:23 am
The claimant’s husband and her friends had clearly avoided the pool. [read post]
