24. Summary Judgment

2020 ◽  
pp. 273-286
Author(s):  
Stuart Sime
Keyword(s):  
Compelling Reason ◽  
Specific Performance ◽  
Summary Judgment ◽  
Prospect Of Success

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.

24. Summary judgment

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Compelling Reason ◽  
Specific Performance ◽  
Summary Judgment ◽  
Prospect Of Success

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.

24. Summary Judgment

2019 ◽  
pp. 277-290
Author(s):  
Stuart Sime
Keyword(s):  
Compelling Reason ◽  
Specific Performance ◽  
Summary Judgment ◽  
Prospect Of Success

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.

24. Summary judgment

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Compelling Reason ◽  
Specific Performance ◽  
Summary Judgment ◽  
Prospect Of Success

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.

24. Summary Judgment

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Compelling Reason ◽  
Specific Performance ◽  
Summary Judgment ◽  
Prospect Of Success

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.

24. Summary Judgment

2021 ◽  
pp. 274-288
Author(s):  
Stuart Sime
Keyword(s):  
Compelling Reason ◽  
Specific Performance ◽  
Summary Judgment ◽  
Prospect Of Success

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.

CRIMINAL CONVICTIONS AND THE CIVIL COURTS

2015 ◽  
Vol 74 (1) ◽  
pp. 78-108
Author(s):  
Matthew Dyson ◽  
John Randall
Keyword(s):  
The Other ◽  
Criminal Convictions ◽  
Civil Court ◽  
Civil Suit ◽  
The Law ◽  
High Level ◽  
Summary Judgment ◽  
Civil Courts ◽  
New Evidence ◽  
Prospect Of Success

AbstractHow should a civil court use a relevant conviction? Some have argued that a civil claim contesting the factual basis of a conviction should be struck out as an abuse of process unless new evidence is presented which “entirely changes the aspect of the case”. Such a high evidential requirement is wrong in principle, inconsistent with section 11 of the Civil Evidence Act 1968, and unjust in practice. The law should recognise that there are two distinct types of cases. The first is concerned with truly abusive claims, where the later civil suit is brought for an improper purpose or otherwise similarly abusive; there a high level of new evidence should be required. The second deals with challenges to convictions which are in principle permissible; there, if on the facts they have no real prospect of success, an application for summary judgment by the other party is the solution.

Indirect measurements in micro-space with the EM

1995 ◽  
Vol 53 ◽  
pp. 598-599
Author(s):  
Sterling P. Newberry
Keyword(s):  
Electron Microscope ◽  
Standard Model ◽  
Particle Physics ◽  
Information Storage ◽  
Storage Space ◽  
Indirect Measurements ◽  
Storage And Retrieval ◽  
Adequate Information ◽  
Compelling Reason ◽  
The Standard Model

At the 1958 meeting of our society, then known as EMSA, the author introduced the concept of microspace and suggested its use to provide adequate information storage space and the use of electron microscope techniques to provide storage and retrieval access. At this current meeting of MSA, he wishes to suggest an additional use of the power of the electron microscope.The author has been contemplating this new use for some time and would have suggested it in the EMSA fiftieth year commemorative volume, but for page limitations. There is compelling reason to put forth this suggestion today because problems have arisen in the “Standard Model” of particle physics and funds are being greatly reduced just as we need higher energy machines to resolve these problems. Therefore, any techniques which complement or augment what we can accomplish during this austerity period with the machines at hand is worth exploring.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

Contract Growing for the Export-oriented Cut Flowers Industry in Turkey

HortScience ◽  
1998 ◽  
Vol 33 (3) ◽  
pp. 531a-531 ◽  
Author(s):  
Robin G. Brumfield ◽  
Burhan Ozkan ◽  
Osman Karagüzel
Keyword(s):  
Performance Indicators ◽  
Price Setting ◽  
Production Structure ◽  
Cut Flower ◽  
Cut Flowers ◽  
Product Price ◽  
Plant Materials ◽  
Flower Production ◽  
Specific Performance ◽  
Insight Into

Thirty cut flower businesses were surveyed in 1997 to examine the production structure and main problems of export-oriented contract growing in Turkey. The survey was conducted in Antalya province, which is the center of export-oriented cut flower production in Turkey. The results of the research provided insight into how Turkish cut flower-contracted growers were managing some of the key areas of their operations. The study also provided the opportunity for growers to highlight their concerns about contract growing for export-oriented cut flower production. The survey showed that contract growers do not use specific performance indicators relevant to cut flower production. The product price received by the contract growers was determined by the export companies. These export companies receive flowers from growers mainly on consignment. After exporting the products, exporters periodically pay the grower, subtracting a commission for their services and other marketing expenses. Contract growers are essentially price takers in the transactions. The business procedure from production to price setting and marketing was not in the hands of the contract growers. Therefore, the trading risks are essentially borne by the contract growers. The main concerns raised by contract growers were the current consignment system, cost of the plant materials, and the late payment for the sold products.

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