Third Party Procedure in UK Law
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R v Inspectorate of Pollution, ex parte Greenpeace Ltd
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In my opinion, if the real purpose of interlocutory relief in a judicial review case is to prevent executive action by a third party being carried out pursuant to the decision under attack, the more suitable procedure would be to have the third party in question joined and then to seek an interlocutory injunction against that party, rather than to seek a stay of the decision.
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Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy The Bank of New York Mellon (Third Party)
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In my view, some force is given to Naftogaz's submission by the fact that the effect of an interim third party debt order is to freeze the debt in question (for example, money in the judgment debtor's bank account) up to the amount of the judgment debt. In that respect, it is not unlike a freezing order, though it is directed at the third party not the judgment debtor.
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R v Reading Justices, ex parte Berkshire County Council
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(iv) it is not sufficient that the Applicant merely wants to find out whether or not the third party has such material documents. This procedure must not be used as a disguised attempt to obtain discovery.
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Goldstone v Goldstone
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It should be recorded that with effect from 6 April 2011 the rules position will change with the introduction of the new Family Procedure Rules 2010 in place of the existing Family Proceedings Rules 1991. The 2010 rules remove the default application to family proceedings of the RSC. They are plainly modelled generally on the CPR, and include a re-statement (in slightly different terms) of the overriding objective, but the CPR continue not to apply directly to family proceedings.
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Deutsche Bank A.G. v Sebastian Holdings Inc. and Another
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When an order for costs is sought against a third party, the critical factor in each case is the nature and degree of his connection with the proceedings, since that will ultimately determine whether it is appropriate to adopt a summary procedure of the kind envisaged in the authorities, leading to what Neuberger L.J. in Gray v Going Places Leisure Travel Ltd [2005] EWCA Civ 189 described as
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Glaxo Group Ltd v Genentech Inc.
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Third parties have no direct say in the examination procedure. There is no means by which a third party can formally oppose grant. It would have been possible to leave all post-grant revocation proceedings to national courts. This potentially would have required (at least in theory) proceedings attacking the patent in all the designated states to clear the way for the whole of Europe. That was felt to be wasteful.
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Lister v Romford Ice and Cold Storage Company Ltd
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Since in any event the duty in question is one which exists by imputation or implication of law and not by virtue of any express negotiation between the parties, I should be inclined to say that there is no real disinction between the two possible sources of obligation.
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Housing (Scotland) Act 2014
... ... (3C) are subject to the affirmative procedure ... The relevant person is entitled to be a party to any proceedings on such an application ... Enforcement of repairing standard ... 25: Third party application in respect of the repairing ... ...
- Act of Sederunt (Rules of Court Amendment No. 14) (Third Party Procedure) 1976
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Serious Crime Act 2015
... ... under section 31(4), any person who was a party to those proceedings."; ... (b) after subsection ... subject to affirmative resolution procedure), after "section" insert "35(2C)," ... (3) In ... payment or a promise of payment to B or a third person, or ... (b) an indecent image of B is ... ...
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The Pressure Equipment (Safety) Regulations 2016
... ... application for a conformity assessment procedure to be carried out by a ... “recognised third party organisation” ... ...
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Bilateralism or multilateralism? The political economy of avoiding international double taxation
Why do states cooperate bilaterally or multilaterally? This article addresses the issue using the example of international double tax avoidance. It is argued that double tax avoidance exhibits the ...... ... coordination games there is no need for third-party enforcement. Instead, the Mutual Agreement Procedure (MAP) is a device to address problems of ... ...
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Why Not Bargain? The Domestic Politics of Utilizing the World Trade Organization’s Dispute Settlement Mechanism
The World Trade Organization’s dispute settlement mechanism is based on either bilateral bargaining or third-party rulings by a panel or the Appellate Body. When do countries utilize the multilater...... ... is based on either bilateral bargaining or third-party rulings by a panel or the Appellate Body ... do countries utilize the multilateral procedure, and under what conditions do they opt for a ... ...
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Why Not Bargain? The Domestic Politics of Utilizing the World Trade Organization’s Dispute Settlement Mechanism
The World Trade Organization’s dispute settlement mechanism is based on either bilateral bargaining or third-party rulings by a panel or the Appellate Body. When do countries utilize the multilater...... ... is based on either bilateral bargaining or third-party rulings by a panel or the Appellate Body ... do countries utilize the multilateral procedure, and under what conditions do they opt for a ... ...
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Deportation of Suspected Terrorists with ‘Real Risk’ of Torture: The House of Lords Decision in Abu Qatada1
This note discusses the House of Lords' decision in RB (Algeria) (FC) and another v Secretary of State for the Home Department; OO (Jordan) v Secretary of State for the Home Department that the rea...... ... the HomeDepartment that the real risk of third-party foreign torture evidence does not m eet the ... to a pproach the appeal asone of procedure underArticle 6 ECHR .Thus, Lord Phillips ... ...
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UK Insolvency Reform – Evaluating Pre-Pack Sales to a Connected Person
EXECUTIVE SUMMARY - A Pre-Pack Sale is the sale of all or substantially all of an English company’s assets to a third-party purchaser immediately or shortly after the distressed company goes into a...... ... all of an English company’s assets to a third-party purchaser immediately or shortly after the distressed company goes into a UK rescue procedure called administration. The attraction of a ... ...
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FSA not required to compensate banks for damages caused by wrongly granted injunctions
The Supreme Court last week issued its judgment in The Financial Services Authority v. Sinaloa Gold plc (and others) and Barclays Bank plc1. The decision confirms that, whereas private parties seek...... ... must normally undertake to compensate third parties who may be affected by a wrongly granted ... This means a third party such as a bank which receives notice of a ... in an annex to the English rules of procedure (the CPR). Lengthy legal proceedings ensued when ... ...
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Complex Commercial Litigation Law Review – England and Wales
The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear ...... ... The Civil Procedure Rules (CPR) that apply to civil litigation are ... when looking at contracts, so that each party understands the entirety of its obligations. It ... Act 1980 and the Contracts (Rights of Third Parties) Act 1999 being notable exceptions.In ... ...
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A Rare Judicial Look At The Contracts (Rights of Third Parties) Act
... ... (Rights of Third Parties Act) 1999 (the Act) and whether a third party could rely on the contractual right to adjudication. This is a rare ... party, could rely on and use the contractual dispute resolution procedure of adjudication. The court construed the third party rights clause as ... ...
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Form FGM001
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... a relevant third party (see page 7) ... If you do not wish your ... • any risk of a FGM procedure being carried ... out on the person to be ... ...
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Claim notification
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Comprehensive ... Third party fire and theft ... Third party only ... Procedure as a second defendant ... The MIB has no ... ...
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Costs budget (Precedent H) and budget discussion report (Precedent R)
County Court forms including the N1 money claim form....pursuant to decisions of the Civil Procedure Rule Committee on 09-11-18 ... followed by the ... corresponding with the other party/parties and the court in respect of matters ... amend, applications for disclosure against third parties or (in libel cases) ... applications re ... ...
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Form D50K
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... Family Procedure Rules 2010 Rule 33.3(2)(b) ... Name of Respondent ... An attachment of earnings order ... A third party debt order ... A charging order, stop order ... ...