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AG 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, except 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 constitu ...
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Golden Share
In business and finance, a golden share is a type of share of stock that lets its owner outvote all other shareholders in certain circumstances. Golden shares often belong to the government when a government-owned company is 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 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 environmen ...
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Colin Pearson, Baron Pearson
Colin Hargreaves Pearson, Baron Pearson, (28 July 1899 – 31 January 1980) was a Canadian-born English barrister and judge. Rising to sit as a judge in the House of Lords, he is best remembered for his unspectacular but efficient and courteous chairmanship of industrial inquiries and royal commissions. His 1978 report into civil liability and compensation for personal injury made proposals for state pensions for accident victims that were largely rejected by government at the time. Early life and legal career Born in Minnedosa, Manitoba, Canada, Colin Pearson was the youngest child of Ernest William Pearson (1861–1936), a lawyer, and Jessie Pearson, ''née'' Borland (died 1948). He had one brother, who was killed during World War I, and a sister, who died during childbirth. The family moved to London when Pearson was 7, where he was educated at St. Paul's School. He served with the 5th Battalion, Guards Machine Gun Regiment, at the end of the First World War in 1918, b ...
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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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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Judgment (law)
In law, a judgment is a Decision-making, 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). Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. American English speakers prefer to maintain a clear distinction between the ''opinion'' of an appellate court (setting forth reasons for the disposition of an appeal) and the ''judgment'' of an appellate court (the pronouncement of the disposition itself). In Canadian English, 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. Spelling Judgment is considered a "free var ...
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Belize Supreme Court
The Supreme Court of Judicature of Belize is one of three types of courts in Belize, the lower ones being the Magistrate's Courts and the Court of Appeal. It is a court of original jurisdiction in both civil and criminal cases as well as an appellate court. It is governed by the Supreme Court of Judicature Act (SCJA). Structure The Supreme Court consists of three judges. Under Chapter 7 of the Constitution of Belize, the Chief Justice is appointed by the Governor-General on the advice of the Prime Minister. The PM directly appoints the other two judges, known as Puisne Justices. The Supreme Court has had Chief Justices not only from Belize and other Caribbean countries, but from as far afield as Sierra Leone ( Abdulai Conteh), Uganda ( Samuel Awich, acting) and Palestine ( Taufik Cotran). Section 40 of the SCJA divides Belize into three districts for judicial purposes, each consisting of two political districts. Section 46 names the place where the Supreme Court shall sit in ...
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Abdulai Conteh
Abdulai Osman Conteh (5 August 1945 – 2 August 2024) was a Sierra Leonean lawyer and politician. He was a Vice-President of Sierra Leone, who served under President Joseph Saidu Momoh before he was ousted by the military junta in 1992. Conteh later spent a considerable number of years in Belize, where he served as the country's chief justice before returning to Sierra Leone. Early life and education Conteh was born on 5 August 1945 in the village of Rogbere, Gbinleh Dixon Chiefdom in Kambia District, British Sierra Leone. He was from Sierra Leone's Susu ethnic group, which is predominantly based in the north-eastern part of the country - especially Kambia. Conteh was raised mostly in Freetown; he attended Albert Academy and later Fourah Bay College before travelling to the UK for further studies. Dr. Conteh has the following educational qualifications: Ph.D., (International Law), 1974, King's College, Cambridge; LLB (Hons): 1971, King's College, Cambridge; LLM: 1971, Lond ...
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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 ...
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United Democratic Party (Belize)
The United Democratic Party (Spanish language, Spanish: ''Partido Democrático Unido''; Abbreviation, abbreviated UDP) is one of the two major political parties in Belize. It is currently the main opposition party, having lost the 2025 Belizean general election, after previously holding the government across three prior terms. Founded as a centre-right conservative party, the UDP is led by Interim Leader Hugo Patt, though his position is contested by Tracy Taegar-Panton, who is already sworn in as Leader of the Opposition (Belize), leader of the opposition. History Foundation and early history 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 (Belize), National Independence Party and the People's Development Movement (Belize), People's Development Movement met together with a new Liberal Party to consider forming an a ...
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Pledge (law)
A pledge is a bailment that conveys 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. A pledge of personal property is known as a pawn. Features The pledgee has the right of selling the pledge if the pledgor fails to make payment at the stipulated time. No title to a third party purchaser is guaranteed following a wrongful sale except in the case of property passing by delivery, such as money or negotiable securities. In all other cases, persons must show that they are a bona fide purchaser, for (good) value, without notice (BFP). In the case of some type ...
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