Still, the approach in Ryanair v Esso and Microsoft v Sony Mobile may emerge as a reasonable compromise between the two extremes of systematically disapplying
arbitration clauses to cartel damages claims, on the one had, and considering an arbitration clause presumptively applicable to such claims without further inquiry (provided that the wording of the clause is wide enough).
In return, the EU might give a little when it comes to disapplying
the freedom of movement principle.
Another Bill is aimed at disapplying
the new restrictions on trade unions introduced by the UK Government, and there will also be a Bill to abolish the right to buy social housing originally brought in by Margaret Thatcher.
The principles concerning the effects of EU law in Member States are powerful tools capable of resulting in special interpretations of national provisions, disapplying
(setting aside) components of national law and rendering "novel" EU law(-compatible) rules applicable to a case before a national court.
On the number of section 3 findings that are tantamount to disapplying
statutes, Gardbaum derives the figure of "roughly twenty uses" from a speculative claim by a judge that it had not been used in more than a dozen cases in its first five years, and by a constitutional law and theory scholar, Aileen Kavanagh, that it had been used rarely (p.
It empowers the Secretary of State to issue an order amending, repealing, revoking, or disapplying
a statutory provision (whenever passed or made), which prevents or restricts local authorities from exercising the general power.
It is therefore for the national court to provide the legal protection which individuals derive from European Union law and to ensure the full effectiveness of that law, disapplying
if need be any provision of national legislation contrary to this principle.
In June 1990 the House of Lords ruled in the company's favor and granted an injunction ignoring or "disapplying
" the 1 988 Act, even though it had been passed by the British Parliament.
Under the U.K.'s implementation in the Data Protection Act 1998, the exemption for national security issues is very broad, disapplying
large parts of the Act.
Such transfers of shares may be undertaken, while disapplying
the current shareholders' preferential rights, in connection with acquisitions.