Mixed (Revision notes) Flashcards
What is margin of appreciation?
translated as “margin of assessment/appraisal/estimation”.
A State might be able to better determine whether a departure from ECHR rights is justified by the circumstances (subject to supervision by ECtHR)
Exception to it include Article 3-torture
What is a purposive approach to interpretation in echr?
purposive approach to statutory interpretation seeks to look for the purpose of the legislation before interpreting the words
(intention of the Parl is seen first)
(opposite of literal rule)
What is the doctrine of positive obligation?
the prime characteristic of positive obligations is that they in practice require national authorities to take
the necessary measures to safeguard a right or to adopt reasonable and suitable measures to protect the rights of the individual
What is the period of limitation for appeals to the Grand Chamber from Chamber (under ECHR)?
3 months
Are decisions of ECHR binding on UK courts?
NO. They are persuasive and are only binding if ECHR is incorporated into UK law (it is in the form of HRA). ECHR decisions are not directly binding on UK courts
But ECHR judgements are binding on national governments (as it is international law)
Period of limitation for submitting appeal to ECtHR?
6 months
What kind of legislation can the Court strike out under the HRA?
Cannot strike out primary legis (only DOI possible)
Can strike out secondary legis (if primary legis does not prohibit it)
BUT
DOI for secondary legis where primary legis prevents removal of incompatibility
What is the power of remedial action under HRA?
If
- A DOI by UK court
- Decision of ECtHR
A minister can amend the primary legis that is incompatible if:
- there are compelling reasons
- amendments can be made to primary legis
What is the minimum paid up capital for a public company?
Minimum paid shares-25%
Minimum share capital: 50,000 GBP
what changes are effected by a special resolution?
Change of name
Change of AoA
Member’s and credito’s voluntary winding up
What is the principle of reflective loss?
a shareholder cannot bring a claim for a fall in the value of their shares or dividends due to loss suffered by the company where the company has a cause of action against the same wrongdoer
Except: employees and creditors
What are the periods of notice for AGM for companies?
14 days for pvt cos
21 days for public cos
28 days for resolution for removing directors or auditors before end of office (can’t be a written resolution)
What conducts of a director can be ratified by reso of members?
Breach of duty/trust, negli, default CAN be ratified
Fraud CANNOT be ratified
Directors can apply to court if members refuse to ratify
What amounts can be given to directors
W/o approval of members:
not over 50,000 GBP
Small loans not exceeding 10,000 GBP
With approval of members:
over 100,000 GBP or 10% of cos net asset value (lower amount) in case of property transactions
What the exception to the special damage requirement in slander?
if the imputation is that the claimant:
■ has committed a serious criminal offence;
■ is unchaste or has committed adultery (female claimants only);
■ has a contagious or infectious disease that prevents others from associating with him; or
■ is unfit, dishonest or incompetent in relation to his trade, profession or business
