"However, in the event that a Lloyd's broker does not comply with the requirement it would be open to the board, depending on the circumstances of the case, to disapply the requirement, allow further time for compliance, or to deregister the broker as a Lloyd's broker," Lloyd's said in a statement.
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Furthermore, by special resolution (a three-quarter majority vote) under CA 2006 sections 570–571, shareholders may disapply pre-emption rights. In practice, large companies frequently give directors ad hoc authority to disapply pre-emption rights, but within the scope of a 'Statement of Principles' issued by asset managers. At present, the most influential guide is the document by the Institutional investors' Pre- emption Group, Disapplying Pre-emption Rights: A Statement of Principle (2008). This suggests that the general practice is to disapply the pre-emption rights on a rolling basis for routine share issues (e.g.
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The rule that "costs follow the event" is observed on the Multi- and Fast Tracks. However, the judge has considerable discretion to apply or disapply these rules if the result would otherwise be unjust. The paying party can appeal against the costs order by the usual routes of appeal.
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The company must give the shareholders at least 14 days to decide whether or not they wish to purchase the shares. Private companies and sometimes public companies can choose to disapply or modify the statutory pre- emption rights either generally or in respect of a specific allotment (Sections 569 to 573 of the Companies Act 2006).
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The option to use Orders of Council would likely utilise provisions of the Civil Contingencies Act 2004 that allow for the Government, in times of emergency, to temporarily disapply laws. The following afternoon, 10 Downing Street denied Johnson would use Orders of Council to bypass the Act, but reiterated the Government's commitment to leaving the EU on 31 October.
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They are not bound by other resolutions of either house. The European Communities Act 1972 placed a legislature-imposed requirement on the judiciary to follow European case law in relevant matters.Bradley, Ewing (2007). pp. 90-91. Although the Human Rights Act 1998 allows the courts to make a declaration of incompatibility, they are required to interpret but may not disapply primary legislation.
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Similarly, section 15 makes provision for the making of regulations to apply company law or disapply company law and to apply partnership law as seem appropriate. Complementing the Limited Liability Partnerships Act 2000, much of the law on LLPs is in statutory instruments made under it that apply other legislation. Most importantly, many elements of the Companies Act 2006 are applied to LLPs by regulations made in 2008 and 2009.
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In the United Kingdom, ultimate legislative sovereignty resides in Parliament (Parliamentary sovereignty). Parliament may pass any legislation on any subject it wishes. Parliament operates without restraints such as, for instance, an obligation to legislate in accordance with fundamental constitutional rights. The apparent exceptions to this rule are situations in which Parliament has chosen to limit itself as with the case of implementation of European Union law, where British courts can "disapply" UK legislation that is in conflict with EU law, but could withdraw such authority.
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The relationship between the statutes of Tynwald and Parliament is unclear. For many centuries and until comparatively recently, it was assumed that Acts of Parliament were the supreme law of the Isle of Man. Manx courts would disapply any part of an Act of Tynwald that conflicted with an Act of Parliament applicable to the Island, even if the Act of Tynwald was a later law. From the early 1980s, the Staff of Government Division began to assert that there was no hierarchy of legislative acts, and Tynwald and Parliament were concurrent and coequal.
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When a new Labour government took office in 1997, its focus on English and Mathematics led to a decision to disapply the statutory Programmes of Study for the foundation subjects from September 1998, to allow schools to spend more time teaching literacy and numeracy. The Secretary of State, David Blunkett later announced another overhaul of the National Curriculum, particularly at primary level, to reduce the content in foundation subjects allowing more time to be spent on the core subjects of English, Mathematics and Science. A new National Curriculum was published in 1999, for first teaching in September 2000.
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A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State. A preliminary ruling is a final determinations of EU law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. If, as in Factortame, the ECJ holds that a Member State's legislation conflicts with EU law, the Member State will be required to "disapply" such law, but the ECJ may not itself amend the Member State's legislation.
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Since a declaration cannot invalidate or disapply legislation, it achieves its aim through political rather than legal means - it is for Parliament to correct the law, or continue to be in contravention of the convention. Section 10 provides one route for correction: "If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility" (section 10(2)). It is designed to be a quick method; although it must be put before parliament, a remedial order does not require full legislative approval. This summary process was controversial, as it ignored the possibility for debate.
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It was widely perceived as a form of collaborationism in the Belgian population. After some initial acceptance, in 1941 and 1942, German officers began to force Belgian businessmen to disapply the distinction at the risk of personal punishment and the confiscation of their businesses. In 1942, the occupation administration began to deport Belgian workers as forced labourers in Germany as during World War I. However, it has been argued that the co-operative approach represented by the doctrine did prevent German companies from expanding their control over the Belgian economy. The Galopin doctrine was similar to the policy of "co-operation" (samenwerken) in the German-occupied Netherlands and overseen by senior civil servants such as Hans Hirschfeld.
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Though, as a criminal judge at the assizes, he was instrumental in suppressing the Luddites and Chartists, he believed that rehabilitation was the principal goal of sentencing. He was dubious of the effects of deterrence and argued for the limitation of capital punishment, himself seeking to disapply it, by whatever technical means he could creatively devise. An active member of the Church of England and a close friend of Bishop of London Charles James Blomfield, Alderson supported the Gorham judgment which held that the Church was subject to secular law. He was a noted advocate of affirmation as an alternative to the oath for witnesses but opposed the growing contemporary campaign for secular education.
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The primacy of European Union law (sometimes referred to as supremacy) is an EU law principle that when there is conflict between European law and the law of its member states, European law prevails, and the norms of national law are set aside. The principle was developed by the European Court of Justice, which interpreted that norms of European law take precedence over any norms of national law, including the constitutions of member states. Although national courts generally accept the principle in practice, most of them disagree with that extreme interpretation and reserve, in principle, the right to review the constitutionality of European law under national constitutional law. For the European Court of Justice, national courts and public officials must disapply a national norm that is believed not to be compliant with the EU law.
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1(2) did not disapply s. 1(b) in this case. Finally, as to (iii), the Court decided that Nisshin's argument could only succeed if it could be inferred from the existence of the underlying trustee relationship (by which the charterer was trustee for Cleaves of Nisshin's promise to pay the commission) that it was the mutual intention of Owners and Charterers that the broker beneficiary should not be entitled to avail himself of the facility of direct action by CRTPA. The Court found that inference “entirely unsustainable”: it did not follow from the underlying trustee relationship that the parties had intended that Cleaves would not have been able to benefit from the (relatively) new statutory right under CRTPA instead of using the “cumbrous fiction” of the earlier trust-based route.
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The Internal Market Bill aims at preventing new trade barriers within the UK; this hinges on the two principles of mutual recognition and non-discrimination. While the Bill would continue to allow devolved government to set its own standards for products and sale of goods and services, the mutual recognition principle would disapply these rules to goods and services from other parts of the UK, ensuring that when goods and services can be legally sold in one part of the UK, they can legally be sold in all other parts too. Some exceptions apply. The principle of non-discrimination would forbid devolved governments from enacting regulation that discriminate between goods produced in, and services provided from, other parts of the UK. This includes both direct discrimination, and indirect discrimination that puts products and services from other parts of the UK at an disadvantage, compared to local products and services.
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This was followed by the Labour Party Conference in October 1993 which agreed in a two-stage policy whereby the Convention would be incorporated into law followed by the enactment of a Bill of Rights. It was planned to entrench Convention rights using a "notwithstanding clause" similar to that in Section Thirty-three of the Canadian Charter of Rights and Freedoms, which would have led to the Convention prevailing over legislation passed by Parliament unless stated otherwise. A human rights commission would also be set up to monitor and promote human rights. In November 1994 Lord Lester introduced a bill in the Lords which was based on the New Zealand Bill of Rights which would give the Convention a similar status in UK law as that accorded to European Community law by allowing courts to disapply future and existing Acts of Parliament which were incompatible with it, imposing a duty on public authorities to comply and making provision for effective remedies including damages for breaches.
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The House of Lords held that the words "negligence, nuisance or breach of duty" could be construed to include sexual assault and thus bring them within the s33 discretion to disapply the limitation period for claims. Lord Hoffmann reasoned that s33 had caused victims of intentional torts 'the need to frame a claim in one or other of these ways when the real cause of complaint was sexual abuse for which the employer was vicariously liable was causing "arid and highly wasteful litigation turning on a distinction of no apparent principle or other merit".KR v Bryn Alyn Community (Holdings) Ltd [2003] QB 1441 per LJ Auld at para 100'per Lord Hoffmann at para 25 The case was remitted to the High Court for the judge to reconsider in the light the House of Lords speeches. This decision was followed in Field v British Coal Corp, [2008] EWCA Civ 912 by the Court of Appeal of England and Wales.
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Plaid Cymru had spearheaded the last serious impeachment attempt, an unsuccessful 2004 effort to indict then-Prime Minister Tony Blair for lying to Parliament regarding the Iraq War. Johnson, then a member of the opposition frontbench, was another high-profile supporter of the effort to impeach Blair and wrote a column in The Daily Telegraph that accused him of "treating Parliament and the public with contempt". On 26 September 2019, former Prime Minister John Major said in a speech to the Centre for European Reform that he "feared" that Johnson would use an Order of Council to nullify the Act until after 31 October. Orders of Council, in contrast to the similarly named Orders in Council, are decisions taken by the Privy Council alone, as opposed to with the consent of the Queen; such orders are typically made for technical reasons—such as regulating the medical profession—and not to disapply statute law.
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