Attorney General Of Belize V Belize Telecom Ltd
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Attorney General Of Belize V Belize Telecom Ltd
is a judicial decision of the Privy Council in relation to contract law, company law and constitutional law. It concerns the correct method for interpretation and implication of terms into a company's articles of association. It was approved by the UK Supreme Court in '' Société Générale, London Branch v Geys'' and ''Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd''. Facts In 1989 Belize privatised its telecommunications network. Established the year after independence in 1974, the Belize Telecommunications Authority's business and assets were transferred to a corporation called Belize Telecommunications Ltd (renamed Belize Telemedia in 2007). The government was to gradually sell off its shares, but in the process retain a "special share" (often called a golden share). According to the company's constitution, among various rights over important transactions, the special shareholder could appoint two of the eight directors. Class "B" shareh ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Golden Share
In business and finance, a golden share is a nominal share which is able to outvote all other shares in certain specified circumstances, often held by a government organization, in a government company undergoing the process of privatization and transformation into a stock-company. Purpose This share gives the government organization, or other shareholder, the right of decisive vote, thus to vote all other shares, in a shareholder meeting. Usually this will be implemented through clauses in a company's articles of association, and will be designed to prevent stakebuilding above a certain percentage ownership level, or to give a government, or other shareholder, veto powers over any major corporate action, such as the sale of a major asset or subsidiary or of the company as a whole. In the context of government-owned golden shares, this share is often retained only for some defined period of time to allow a newly privatised company to become accustomed to operating in a public e ...
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Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English Ba ...
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Equitable Life Assurance Society V Hyman
''Equitable Life Assurance Society v Hyman'' implied_terms. _Facts The_Equitable_Life_Assurance_Society.html" ;"title="English contract law">000UKHL 39is an English contract law case, concerning Implied terms in English law">implied terms. Facts The Equitable Life Assurance Society">Equitable Life (est 1762) issued ‘with profits’ life assurance policies, which are a way of saving for retirement. If policy holders took benefits as a taxable Annuity (European financial arrangements), annuity (i.e. with a payment annually), then they got tax exemptions on the premiums (and bonuses at the end of the year). They could choose to have their annuity at a "guaranteed annual rate" ("GAR") that would be fixed, or a "current annuity rate" ("CAR") that would fluctuate according to the market. The choice did not affect the premium. From 1993 the current annuity fell below the guaranteed one. Article 65 of the Equitable Life's Articles of Association said the directors could, at their discr ...
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Trollope & Colls Ltd V North West Metropolitan Regional Hospital Board
The name Trollope is derived from the place-name Troughburn, in Northumberland, England, originally Trolhop, Norse for "troll valley". The earliest recorded use of the surname is John Andrew Trolope (1427–1461) who lived in Thornlaw, Co. DurhamReaney: p.355 and Sir Andrew Trollope (died 1461) who was an English soldier during the later stages of the Hundred Years' War and at the time of the Wars of the Roses. Spelling variations of this family name include Trollop, Trollope, Trolloop, Trollup, Trollupe, and others. Notable Trollopes include: * Andrew Trollope (died 1461), English professional soldier * Anthony Trollope (1815–1882), English novelist and civil servant * Arthur William Trollope (1768–1827), English cleric, headmaster of Christ's Hospital * Edward Trollope (1817–1893), English antiquary and Anglican Bishop of Nottingham * Frances Eleanor Trollope (1835–1913), English novelist, second wife of Thomas Adolphus Trollope * Frances Milton Trollope (1780– ...
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Investors Compensation Scheme Ltd V West Bromwich Building Society
is a frequently-cited English contract law case which laid down that a contextual approach must be taken to the interpretation of contracts. Lord Hoffmann set out five principles, so that contract should be construed according to: #what a reasonable person having all the background knowledge would have understood #where the background includes anything in the 'matrix of fact' that could affect the language's meaning #but excluding prior negotiations, for the policy of reducing litigation #where meaning of words is not to be deduced literally, but contextually #on the presumption that people do not easily make linguistic mistakes Facts Investors received negligent advice from their financial advisers, solicitors and building societies, including West Bromwich Building Society ('West Bromwich BS'). They had claims in tort and for breach of statutory duty. The investors had been encouraged by financiers to enter "Home Income Plans", which meant mortgaging their properties to get ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Judgment (law)
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ...
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Attorney-General Of Belize
The Attorney-General of Belize is a cabinet-level official who acts as the principal legal adviser to the government of Belize. Overview The position of AG is outlined in Section 42 of the Constitution of Belize, which requires that the AG have been qualified for at least five years to practice as an advocate in a court of unlimited jurisdiction in the Commonwealth of Nations or Ireland. Civil proceedings for and against the State are taken in the name of the Attorney General. Prior to 2010, the constitution also required that the AG be a member of the House of Representatives or the Senate of Belize. As part of the Belize Constitution (Seventh Amendment) Bill, the government proposed to remove this restriction; the same bill also proposed to replace the right of appeal to the Judicial Committee of the Privy Council with the Caribbean Court of Justice, and to allow dual citizens to become members of Parliament. The thinking behind this amendment was that an unelected AG could av ...
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United Democratic Party (Belize)
The United Democratic Party (UDP) is one of the two major political parties in Belize. It is currently the main opposition party, having lost the 2020 Belizean general election, after previously holding the government across three prior terms. Founded as a centre-right conservative party, the UDP is led by Shyne Barrow. Founding In 1973 political opposition in Belize was weak and the ruling People's United Party (PUP) had never lost a legislative election since its foundation. The main opposition parties, the National Independence Party and the People's Development Movement met together with a new Liberal Party to consider forming an alliance to fight the PUP. The resulting merger formed the United Democratic Party on 27 September 1973. Controversially, a significant portion of the United Black Association for Development also voted to join the UDP upon foundation. Hyde, Evan X"From The Publisher"''Amandala'', 24 October 2008. (accessed 10 May 2015) Subsequent history The UDP' ...
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Pledge (law)
A pledge is a bailment that conveys possessory title to property owned by a debtor (the ''pledgor'') to a creditor (the ''pledgee'') to secure repayment for some debt or obligation and to the mutual benefit of both parties. The term is also used to denote the property which constitutes the security. The pledge is a type of security interest. Pledge is the ''pignus'' of Roman law, from which most of the modern European-based law on the subject is derived, but is generally a feature of even the most basic legal systems. It differs from hypothecation and from the more usual mortgage in that the pledge is in the possession of the pledgee. It is similar, however, in that all three can apply to personal and real property. A pledge of personal property is known as a pawn and that of real property is called an antichresis. In earlier medieval law, especially in Germanic law, two types of pledge existed, being either possessory (cf. Old English ''wed'', Old French ''gage'', Old High Germ ...
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