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Carson contended that the failure of the UK government to pay to pensioners resident in certain countries abroad the inflation uprating of their UK State pensions, while paying the annual uprating in other countries, contravened the UK Human Rights Act of 1998 (based on the European Convention on Human Rights) on grounds of discrimination.
Annette Carson was the claimant, the Secretary of State for the Department for Work and Pensions (the UK Government) was the defendant and the Commonwealth of Australia was an intervening party. [2] This was a Human Rights Act 1998 case on the "right to property" under Article 1 of the First Protocol and Prohibition of Discrimination [3] under ...
The defendant never made an appearance on U.S. territory depriving the plaintiffs of one easy avenue of obtaining in personam jurisdiction over the defendant – the simple act of being able to serve process on the defendant while the defendant is visiting and within the territory of the United States (this would be the traditional territorial ...
Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States , this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is ...
Jus tertii (English: rights of a third party/ stranger) is a term for the legal argument by which a person can defend a claim made against them by invoking the rights of a stranger to the dispute. The defence asserts that the rights of the stranger are superior to those of the claimant; in other words the defence is that the claimant has ...
A contract made in favor of a third party is known as a "third-party beneficiary contract." Under traditional common law , the ius quaesitum tertio principle was not recognized, instead relying on the doctrine of privity of contract , which restricts rights, obligations, and liabilities arising from a contract to the contracting parties (said ...
Third-party insurance - A third party may claim under an insurance policy made for their benefit, even though that party did not pay the premiums. Contracts for the benefit of a group , where a contract to supply a service is made in one person's name but is intended to sue at common law if the contract is breached; there is no privity of ...
The cases were heard on writ of certiorari. [5] The Court reversed the Court of Appeals. Kent v. Dulles was the first case in which the U.S. Supreme Court ruled that the right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment. It did not decide the extent to which ...