| The principle of stare decisis cannot be circumvented or disapplied in this way, and if it were the result would be chaos. |
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| The criminal law should not be disapplied just because the civil law is disapplied. |
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| It is for the national court to ascertain whether on the facts of the case the interest rate laid down by the 1998 law should be disapplied. |
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| Part of it was given away by Tony Blair, part of it was disapplied to the new member states. |
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| They are not applied or disapplied depending on the situation one finds oneself in. |
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| Likewise the weaker the case of the plaintiff the less is he prejudiced by the operation of the provision and the less is the defendant prejudiced if it is disapplied. |
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| Where a rule of English criminal law unjustifiably curtails a right conferred by Community law, the domestic law is disapplied and the defendant should not be convicted. |
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| It is sometimes impossible to know when a contract has been concluded, how certain clauses will be implemented or which clauses will be disapplied as a result of statutory provisions or implied terms. |
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| Article IX of this Protocol, so far as not disapplied under Article XXV, shall have effect in a Contracting State notwithstanding any provisions of the 1980 Rome Convention on the Law Applicable to Contractual Obligations. |
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| These provisions may be disapplied by a special resolution of the shareholders, either generally or specifically, for a maximum period not exceeding five years. |
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| But as a matter of routine, stock-market-listed companies ask for these rights to be disapplied to a pre-agreed limit, to enable them to make acquisitions, for instance. |
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| The Companies Act confers on shareholders, to the extent not disapplied, rights of pre-emption in respect of the issue of equity securities that are, or are to be, paid up wholly in cash. |
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| Should the company ultimately decide to structure the transaction with a statutory preferential subscription right, then that statutory right shall be deemed not to have been disapplied. |
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| However, there is no guidance on this matter in the current text and it would therefore appear to be an open policy question as to whether preferential claims should be thus disapplied. |
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