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Application Proceedings In Civil ProcedureThere is no clear standard set forth in G.S. 28A-two-6(e) regarding the physical exercise of the clerk’s discretion not to apply a rule. Despite the fact that the Code of Civil Process elaborates in which way legal proceedings have to be commenced and which formalities and guidelines of conduct have to be followed during proceedings, it doesn’t indicate if the case ought to be brought before a court by a writ of summons or by an application. The application for the extension of time can take place at any time in the proceedings if one party needs to extend time in order to meet some essential deadline. Exactly where a defence is on the merits, the defendant files a plea where the defence is on a technicality, the defendant either files an exception or an application to strike out.

The Supreme Court Guidelines supply that in instances of urgency ‘the court or a judge could dispense with the forms and service offered for in these rules and could dispose of such matter at such time and spot and in such manner and in accordance with such procedure (which shall so far as practicable be in terms of these guidelines) as to it appears meet suitable’.

This sub-rule areas an onus on the applicant to rebut the presumption and to prove that he has brought the application inside the twenty-day period. Notice of an urgent application ought to be given to the respondent in such a way that the court will … Read the rest >>>

Joshua Brown by — August 22, 2016 in Application Proceedings In Civil Procedure

Civil Liability ConventionWith a series of Bills on merchant shipping, South Africa is about to fall into line with international conventions on oil pollution at sea. In witness whereof the undersigned being duly authorized by their respective Governments for that goal have signed this Convention. On presentation of this blue card to the flag state registry, an owner has received in return a CLC certificate. The total aggregate amount of compensation payable for one incident under the Civil Liability Convention and the 1992 Fund Convention is 203 million SDR.

When oil has escaped or has been discharged from two or a lot more ships, and pollution harm outcomes therefrom, the owners of all the ships concerned, unless exonerated beneath Post III, shall be jointly and severally liable for all such harm which is not reasonably separable. The third tier of the scheme is provided by the Protocol of 2003 to the 1992 Fund Convention (the Supplementary Fund Protocol). This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages each and every text becoming equally genuine.

Note 1: These provisions of the Bunker Oil Convention deal with the liability of shipowners for pollution damage and the making of claims against insurers or persons delivering economic security for ships. The 1992 CLC will enter into force in Jamaica on 6 June 1998, in the Philippines on 7 July 1998, in Uruguay on 9 July 1998, in Singapore on 18 September 1998 and in the United Arab … Read the rest >>>

Joshua Brown by — August 8, 2016 in Civil Liability Convention