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The doctrine of parliamentary sovereignty requires that Parliament is not bound by its predecessors, and cannot bind its successors. This means that where an Act of Parliament conflicts with earlier legislation, the later Act cannot be read as being conditioned by, or subject to, the earlier legislation.
Instead, the later Act is considered to have repealed the earlier legislation by implication (even if this is not done so expressly). Where two Acts or provisions are so inconsistent that they cannot stand together, the effect of the later Act may be to repeal the earlier legislation by implication to the extent necessary to remove the inconsistency.
There is a general presumption against implied repeal. This means that courts interpret the provisions of a later Act in a way that is compatible with the earlier one wherever possible. Over time it has also become accepted that in certain contexts (eg in the context of constitutional statutes and the supremacy of EU law), Parliament may enact provisions which, condition and limit the effect of later enactments unless expressly repealed or amended.
For example, in Factortame Ltd and others v Secretary of State for the Environment, Transport and the Regions (No 2), it was held that the European Communities Act 1972 could not be impliedly repealed by subsequent legislation conflicting with EU obligations. The Merchant Shipping
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This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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