No man, let alone a vexatious litigant, has a vested right to bring or continue proceedings which are an abuse of the process of the court. |
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If I were a litigant, I would not like an ageing and decrepit judge sitting on my case, where the amounts at issue might be significant. |
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A case involving an unrepresented litigant can take 2 or 3 times longer to complete than one where the parties are represented. |
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Must a litigant in person seek the permission of a judge or district judge before disclosing the case papers to his McKenzie friend? |
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Significantly, the vexatious litigant is not deprived of the right to bring proceedings. |
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Number One is the represented litigant who is compensated for both costs and counsel fees. |
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They do not need a power which deprives a litigant of his right to litigate. |
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In particular, the costs to be allowed to a solicitor litigant in person are to be subject to the two thirds restriction. |
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You cannot have a registrar as a litigant in his own court, so he went outside his jurisdiction. |
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It seems that if such a defence fails, the vexatious litigant does require permission to institute appellate proceedings. |
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Who would like a part-time, non-committed judge to sit in judgement on a particular case, if one were a litigant? |
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When the litigant eventually asks the gatekeeper why no one else has sought admission, the gatekeeper provides an explanation. |
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Let us assume, for example, that an associate has shares in a company that is a litigant and that the tipstaff's mother has invested in it. |
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We don't know, because the Act also permits the litigant and his lawyers to be excluded from the court. |
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This exercise is one that every litigant goes through irrespective of their profession or line of work and is not compensable when deciding costs. |
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The discretion to deprive a successful litigant of costs is one which must be exercised judicially and upon proper material connected with the case. |
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That cannot be considered a deliberate or contumelious delay undertaken by one litigant in an attempt to thwart the rights of an opposing litigant. |
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To deprive a successful litigant of interest on his or her legal costs is to encourage the losing side to delay and protract the assessment process. |
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Many a lawyer or a lay litigant is not very familiar with the Court of Appeal's Rules and practices, and has not diarized their deadlines. |
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When faced with such a certificate, a litigant could apply to the Federal Court, and seek to obtain the disclosure of the information. |
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She was also found to be a vexatious litigant who, by her numerous motions and appeals, was sabotaging the timetable of the trial. |
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The judge must not act as a legal adviser, counsellor, scribe, mouthpiece, or even interpreter, for the self-represented litigant. |
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Mr Blankenship was not, personally, a litigant and has done nothing illegal. |
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This is not true now, because one of the largest shareholders is typically the lead litigant. |
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The Official Languages Law Group has also supported litigant counsel on cases relating to official languages. |
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This is borne out by the fact that one litigant took the initiative of taking his case to the European Ombudsman. |
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Resort by litigant states to requests for indication of provisional measures represents an additional workload for the Court. |
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In order to allow a litigant to have access to the court system at a reasonable cost. |
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A PIL lawsuit must have wider implications beyond the individual case and affects more than the immediate litigant. |
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Judges are not required to step aside in cases in which they own bonds in one of the parties or receive royalties from a litigant. |
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To pay such a premium where other more reasonable premiums are available may disentitle the litigant from making a full recovery of the costs of the premium. |
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It is not an abuse of process merely to require a litigant to litigate in a tribunal of a Convention country if that tribunal in fact has jurisdiction under the convention. |
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A litigant under these rules was well advised to present evidence of an educated male noble, or, if a noble was unobtainable or unbribable, of a priest of the Orthodox faith. |
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It was highly important that justice should be administered in a language familiar to the litigant parties, to their vakeels and to the people at large. |
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In my opinion the city, acting in a more restricted sphere in the enforcement of its own by-laws, is likewise in a different position from the ordinary litigant. |
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You might think that lawyers acting in a Family Court dispute up against a self-represented litigant might be pleased, after all the cards are stacked in their favour. |
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The Government was a unique litigant and had the obligation to follow the law. |
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An unsatisfied litigant in England and Wales might complain to the ECtHR that English law has violated his rights. |
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Of indirect relevance in this respect are two actions against the EU Commission before the Court of Justice, First Instance, of the European Communities, in which the Bank is involved as a joint litigant. |
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As someone who now has a speciality in e-discovery, I see a small trend where the courts are reaching for mechanisms to impose undue costs of discovery on the litigant responsible for them. |
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Although undertakings may be given at the request of the court, in the majority of cases undertakings are given voluntarily by the litigant in order to show good faith. |
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The granting of public interest standing is not required when, on a balance of probabilities, it can be shown that the measure will be subject to attack by a private litigant. |
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If the case ultimately loses, the litigant does not have to pay any of the money funded back. |
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Writs for action were filled out for a litigant stating facts, without any necessity of pigeonholing them into specific forms. |
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A judge shall not participate in the determination of a case in which any member of the judge's family represents a litigant or is associated in any manner with the case. |
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Massey Coal Co, Inc addresses when judges must recuse themselves because a litigant has contributed to their election campaign. |
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That is because the Court's rules allow a disappointed litigant to file a petition for rehearing of the denial of certiorari. |
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Under Part 5 of the Code of Civil Procedure, every magistrate must treat litigants equally in court, and is forbidden to make signs to a litigant, to prompt him in argument, or to prompt witnesses. |
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What does the civil justice system need to make it more litigant friendly? |
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How could unilingual justices effectively carry out their duties if their lack of knowledge of one of the official languages keeps them from making distinctions that the litigant has every right to expect? |
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The morgellons believers look expectantly at the indignant litigant. |
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Whatever the merits of his cases, Mr Kinsky is an inconvenient litigant. |
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Court costs are generally awarded to a successful litigant to assist in defraying the expenses of litigation and to discourage frivolous lawsuits. |
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Depriving a litigant of the benefit of a judgment it has already obtained must in general be seen as a breach of the principles governing the legal settlement of disputes. |
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Similarly, court staff and the judiciary expend a considerable amount of time interpreting legalese and explaining court procedure so that the selfrepresented litigant can properly pursue access to civil court remedies. |
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When they do choose to exercise their rights, they are faced with numerous obstacles and administrative delays that can be discouraging to the most tenacious litigant. |
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Cases are not taken up if the litigant has no standing to sue. |
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Public Interest Litigation was thus an instrument devised by the courts to reach out directly to the public, and take cognizance though the litigant may not be the victim. |
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A litigant may also consider obiter dicta if a court has previously signaled that a particular legal argument is weak and may even warrant sanctions if repeated. |
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If the decision to issue a prejudicial jury instruction is made by a single district court judge, and is unappealable, the litigant has to live with that decision forever. |
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