This Website package comprises info, knowledge, paperwork, pages and pictures (‘Information’) ready by Charles Sturt University (‘CSU’). The most broadly used take a look at for evaluating undue hardship in the dischargeability of a student loan consists of three circumstances: (1) the debtor can’t maintain – primarily based on current revenue and expenses – a minimal way of life if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a good portion of the repayment interval; and (three) the debtor made good faith efforts to repay the loans.
Beginning with equitable prejudgment curiosity, the United States appealed the Court docket of International Trade’s resolution to deny prejudgment equitable curiosity. The Federal Circuit held that equitable treatments are generally unavailable when there may be an ample statutory treatment. Section 580 would seem to provide a statutory treatment on the comparatively high price of 6%, making the government complete. There may be, nevertheless, a wrinkle in this case in that the recent Commerce Facilitation and Trade Enforcement Act of 2015 expressly permits the federal government to get well each equitable prejudgment interest and statutory interest underneath part 580.
There’s prone to be a must bridge the hole between Brexit Day and any future agreement between the UK and the EU. This can most likely take the form of some transitional extension of present EU regulation, as a part of the Brexit withdrawal treaty. However the place paper would not mention this issue in any respect – maybe as a result of the UK authorities has not totally agreed on the small print, and perhaps as a result of the EU aspect insists that the ECJ would nonetheless have jurisdiction throughout that interval.
Congratulations to Sarah Staszak, whose No Day in Courtroom: Entry to Justice and the Politics of Retrenchment (Oxford University Press, 2015) has lately received the J. David Greenstone E book Award from the American Political Science Association for finest e book printed in the past two years in politics and historical past.
Lewison LJ (with whom the opposite two Lord Justices agreed without comment) did not disagree both with the judgment within the Westminster case or with the judgment at first occasion within the current case, as far as part 106 itself is anxious, and held that the choose at first occasion was right to reject reliance on part 106 to validate the obligations coping with parking permits. Those obligations were not able to being planning obligations under this part.