proportionality


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proportionality

1 in English court practice, the relatively new principle that costs of a case should be related to its importance and value. It has had a dramatic effects on cost recovery and the conduct of litigation.
2 for European law see SUBSIDIARITY.
References in periodicals archive ?
Given that the implementation of the governance requirements should reflect the natural scale of complexity of the risks run by the insurers, NCAs should apply the principle of proportionality in relation to the compliance with key function holder requirements.
The rule would have listed factors to guide a judge's proportionality determination: "the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving issues, whether the burden or expense of the proposed discovery outweighs its likely benefit, and the purpose for which the request is being made."
The Court of Justice invoked proportionality proprio motu -- of its own motion -- to refuse compensation: it was sprung on us out of the blue for the first time in the judgement of the court.
proportionality assessment as clearly as possible is essential to the
In A Critique of Proportionality and Balancing, Urbina argues that the principle of proportionality is fatally susceptible to a conspectus of objections, and that public law should accordingly abandon proportionality analysis altogether.
Keywords: nationwide electoral district, proportionality, territorial representation, regions, Slovak Republic
I believe that we could use a bit more proportionality in our industry, too.
Under the cloth of a supranational version of the national principle of proportionality, European courts have actually radically altered the substance of European constitutional law (both supranational and national) by means of redefining its substantive content.
The speaker has presented two draft laws, one for an electoral law based on complete proportionality, dividing Lebanon into six electoral constituencies, and another calling for the creation of a senate as stipulated by the Taif Accord.
According to a November Kroll report, "New Frontiers in E-Discovery," courts in 2016 sought to better educate attorneys on proportionality and on preservation processes in relation to the 2015 amendments to the Federal Rules of Civil Procedure (FRCP).
(5) Among the most significant and contentious of these changes is the Rules' renewed focus on the concept of proportionality in the scope of discovery, added in an effort to curb perceived over-discovery.

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