Staying Proceedings - Law Dictionary Search Results
Home Dictionary Name: staying proceedings Page: 4Threats
Threats, or menaces of bodily hurt, through fear of which a man's business is interrupted, are civil injuries affecting the right of personal security. The remedy for this species of injury is in pecuniary damages.By the Larceny Act, 1916, s. 30,Every person who with intent:(a) to extort any valuable thing from any person, or(b) to induce any person to confer or procure for any person any appointment or office of profit or trust,(1)publishes or threatens to publish any libel upon any other person whether living or dead; or(2)directly or indirectly threatens to print or publish or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead),shall be guilty of a misdemeanour, and on conviction thereof liable to imprisonment, with or without hard labour, for any term not exceeding two years.See also, s. 29 (ibid.), as to threats to accuse of certain serious crimes, and BLACKMAIL.Th...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Vexatious action
Vexatious action. The High Court has an inherent power to stay any action brought merely for the sake of annoyance or oppression, see Lawrance v. Norreys, (1890) 15 App Cas 210; Haggard v. Pelicier Freres, 1892, AC 61; see also R.S.C. Ord. XXV., r. 4; and the (English) Judic. Act, 1925, s. 5, replacing the (English) Vexatious Actions Act, 1896 (59 & 60 Vict. c. 51), gives special power to the court if satisfied, on the application of the Attorney-General, that any person has habitually and persistently instituted vexatious proceedings in any Court to order that no proceedings shall be instituted by that person in any court without the leave of the Court or some judge thereof. See also the Vexatious Actions (Scotland) Act, 1898 (61 & 62 Vict. c. 35). An order dismissing an action as frivolous and vexatious is an interlocutory order, Re Page, (1910) 1 Ch 489....
Distringas
Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of ...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
Exception
Exception, exclusion of anything or person; a stop or stay to an action; also the particular point of law stated in the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786.An exception, in a conveyance, must be of part of the thing granted and of a thing in esse at the time of the grant; whereas a reservation must be of some new thing issuing out of the thing granted; see Co. Litt. 47 a; Shep. Touch. 80; Savill Bros., Ltd. v. Bethell, (1902) 2 Ch 523, and see RESERVATION.Under s. 162(1)(d) of the (English) Law of Properties Act, 1925, the rule of law relating to perpetuities does not apply to any exception of any right of entry or user of the surface of land, or to easements, rights and privileges in relation to mines and minerals as set out in the section.In summary proceedings upon an Act of Parliament, an exception in the Act 'may by pro...
abstention
abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford abstention [bər-fərd-] : an abstention grounded on the involvement in the federal case of a challenge to the exercise of a usually complex state administrative function Col·o·ra·do Riv·er abstention [kÄ -lə-ra-dō-, -rÄ -] : an abstention grounded esp. on the involvement in the federal case of questions of state concern that are also at issue in a parallel case in state court Pull·man abstention [pl-mən-] : an abstention grounded on the involvement in the federal case of the interpretation of an ambiguously worded state law whose constitutionality would have to be determined by the federal court NOTE: A party to a case subjected to a Pullman abstention may reserve the right to return to federal court once the st...
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply to state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J.In civil matters this mode of pleading is abolished by R.S. C. 1883, Ord. XXV., r. 1, but subsequent rules of the same Order allow points of law raised on the pleading of any party to be disposed of before trial by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action.In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is allowed to be true, but the defendant takes exception in point of law to the sufficient of the indictment or informati...
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