CPR. Since it is mandatory by the Police Department that all guards must be certified in CPR every two (2) years, where possible, classes for CPR will be scheduled during the school year during the day, Monday through Friday. Mouth apparatus will be provided to each guard and replaced when needed. Employees who provide proof of certification from a training company or agency that is acceptable to the Employer will not have to retake CPR training. The Employer will not withhold acceptance of such certification unreasonably.
CPR. The choice of the form of Union contribution to technical assistance 🗹 Technical assistance pursuant to Article 36(4) 🞏 Technical assistance pursuant to Article 36(5)
CPR. 14.1 The Corporation will endeavor to have C.P.R. training offered to the Corporation employees as an in-house-training session.
CPR. The chest compressions delivered during cardiopulmonary resuscitation (CPR) circulate blood to the heart and brain. Effective chest compressions are critical to buying time until a defibrillator and EMS personnel are available. 3.
CPR. The term “CPR” has the meaning set forth in Recital A.
CPR. (ii) The Defence and Amended Defence and Counterclaim are not legally tenable. (iii)Xxxx Xxxxx Xxxxx failed to respond to the Claimant’s Notice of Application dated 20 April 2018.
CPR. This is different from an Application to strike out. There is no rule, which provides that the Application to strike out must be granted. Rather, this is a discretion of the Court, to which the law as developed relevant to Part 26.2 CPR must be applied and a decision arrived at. [43] Unlike default judgment, striking out is considered a draconian measure and one to be used sparingly. The Court has to take into account the overriding objective and the opportunity of a Defendant to defend the matter. The Court is tasked with balancing the interests of the parties, in the interest of fairness and justice. [44] Having read the Defence of Xxxx Xxxxx Xxxxx, I do not believe it would be a proper use of the Court’s discretion to grant the Claimant’s Application to strike out the Defence at this stage. Firstly, the Court’s permission was not necessary, and secondly, Xxxx Xxxxx Xxxxx received a gift under the Last Will and Testament of the deceased, and he is entitled to have the Claimant prove that the Deed of Assignment is sufficient to deny him this entitlement under the Will. I can see no prejudice, surprise or disadvantage to the Claimant in proving same. [45] Therefore, it cannot be said that Xxxx Xxxxx Xxxxx’ failure to file his Defence pursuant to Part 10.3(1) CPR, equates to a breach of Parts 10.3(5) and (6) CPR, for which his Defence ought to be struck out. Nor did he have to apply for relief from sanction pursuant to Part 26.7 CPR since no sanction had been imposed by the late filing of the defence. Issue 2- Should the Defence be struck out pursuant to 26.2(1) (b) and (c) of the CPR because the said Defence is an abuse of the Court's process and discloses no ground for defending the Claim? [46] The law on abuse of process was considered by this Court in Rivulet Investment Group Limited v Arabco Company Limited & Ors:4 “[32] The term “abuse of the court’s process” is neither defined in the CPR 1998 nor the English Counterpart nor in any practice direction. Xxxx Xxxxxxx in Attorney General v Barker5 albeit in a different context, explained “abuse of the court’s process” as “using that process for a purpose or in a way significantly different from its ordinary and proper use”. I am of the view that this is a fitting explanation for the concept of “abuse of the process of the court”.
CPR. Issue 3 - Should the Amended Defence and Counterclaim be struck out pursuant to Part 26.2 (1) (a) of the CPR? [69] In deciding whether the Amended Defence and Counterclaim13 ought to be struck out, a determination of what stage of proceedings they were filed needs to be made. This is dependent on the Case Management Conference (CMC). [70] From the Court’s record, the first CMC began on the 23 April 2018. The first CMC was on that date adjourned to 11 June 2018 at 10:30am in Courtroom SF04.
CPR. The rules permit an in rem claim to be instituted in respect of matters which involve the construction or repair of equipment on a ship or the relevant dock charges or dues.
