Definition of disapply in English:
disapply
verbdisapplying, disapplied, disapplies dɪsəˈplʌɪ
[with object]Treat (something) as inapplicable.
British courts are under obligation to disapply Acts where they conflict with European law
Example sentencesExamples
- A derogation disapplies certain Convention rights completely; a reservation qualifies the right.
- If so, whether the Court ought to exercise its discretion to disapply the limitation period under section 33 of the 1980 Act.
- I invite you therefore to announce your intention to disapply the Treason Felony Act in respect of all published advocacy of the deposition or destruction of the Monarchy other than by criminal violence.
- The judge accordingly recognised that the prejudice to Mr Margolis in not disapplying the limitation provisions was in this respect rather greater than for other claimants whose damages claim might not be so large.
- In those cases where a defendant unexpectedly pursues a small action at great expense to the claimant, the judge will provide the protection needed by exercising his discretion to disapply the limit on recoverable costs.
- The 1995 Act does not, however, give the court a residual discretion to disapply the assumptions if there is a serious risk of injustice.
- However, in relation to particular classes of hereditaments, the Secretary of State is empowered to disapply the ordinary basis, and make special provision by order.
- Thirdly, it cannot be the case that the shortage of housing stock in Camden and the issue of under-occupation can in themselves disapply the scheme as set out in the Allocation Scheme itself.
- If they allow too long a period to go by before making a claim the national court may properly conclude that the principle of finality or legal certainty requires it to refuse to disapply the limitation provisions.
- It is of course, for the claimants to show that it would be equitable to disapply the limitation period in any particular case and the onus on the individual claimant is a heavy one.
- Obviously one does not have the full judgment there but that suggests, at any rate, that the fact that the case may have wider ramifications than the immediate parties to it is not necessarily room for disapplying the general rule.
- Where a rule of English criminal law unjustifiably curtails a right conferred by Community law (such as the free movement of goods), the domestic law is disapplied and the defendant should not be convicted.
- And, in any event, in the case of a claim in respect of personal injuries, the court would retain a discretion to disapply the primary limitation period.
- The necessary 75% majority for a special resolution under Section 95 Companies Act 1985 disapplying the existing shareholders' pre-emption rights was not realistically obtainable.
- That sub-section does not exclude or disapply the provisions of the 1934 Act.
- Any mistake in the rate is irrelevant because the arbitrator has no discretion to disapply it.
- 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.
- We are in the process of trying to remove that particular element of the - or disapply that element of the Criminal Justice and Public Order Act, as promised by the Home Secretary.
- If so, should the primary limitation period be disapplied by virtue of section 33?
- The criminal law should not be disapplied just because the civil law is disapplied.
Derivatives
noun
The significance of the use of express words of disapplication of section 4A of IRRA in section 20C is that they appear in the same section of TMA as that with which we are concerned.
Example sentencesExamples
- Overall it was thought that she would require an educational environment where she could benefit from access to the full national curriculum, with some modifications or disapplications.
- As a general rule of thumb, the longer the delay after the occurrence of the matters giving rise to the cause of action the more likely it is that the balance of prejudice will swing against disapplication.