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PRACTICE NOTES
This Practice Note provides practical guidance on the investigating authority’s obligation to assess an increase in imports in absolute and relative terms. It provides guidance on when an investigating authority can rely on absolute or relative terms to establish if there was an increase in imports. It also provides guidance on the reliance on absolute and relative terms in assessing serious injury. Introduction When determining serious injury, one of the factors that investigating authorities consider is the rate and amount of increase in the imports. This is the case as one of the conditions for imposing safeguard measures is that there must be an increase in imports. The World Trade Organization’s Agreement on Safeguards requires that safeguard measures may only be imposed if it has been determined that: • the product has been imported in such increased quantities, absolute or relative to domestic products, and • under such conditions as to cause or threaten to cause serious injury to the domestic industry Additional Article XIX:1 of the General Agreement on Tariffs and Trade 1994
PRACTICE NOTES
In brief A public authority need not disclose information following a request for information made under the Freedom of Information Act 2000 (FIA 2000) if: • the estimated cost would exceed the appropriate limit • the request is vexatious • the request is repeated, or • an exemption applies FIA 2000 contains 24 exemptions which permit an authority to withhold the requested information. These exemptions fall broadly into the following two categories: • absolute exemptions • qualified exemptions, which are subject to a public interest test When dealing with a freedom of information request, even one where an exemption applies, an authority must still act according to the duty to provide advice and assistance so far as it would be reasonable. And so, even when information is deemed exempt, an authority should not merely issue a refusal notice, but rather it should also consider what assistance to provide to the applicant. For further reading, see Practice Note: Procedural traps in relation to FOI requests—Duty to provide advice and assistance. This
GLOSSARY
Where an individual debtor's debts exceed the total value of assets
GLOSSARY
Absolute novelty, in patent law, means that an invention is new if it has not been used or published anywhere in the world.
GLOSSARY
Absolute privilege describes a complete defence to defamation (libel and slander), whereby certain statements cannot give rise to liability, even if they are false and made maliciously. It protects the occasion on which the words are spoken or published, not their truth or the speaker’s motive.In England and Wales, Scotland and Northern Ireland, absolute privilege arises mainly in: (i) parliamentary proceedings and papers; (ii) statements made in the course of judicial and quasi‑judicial proceedings (including by judges, advocates, parties and witnesses); and (iii) certain communications between lawyers and clients in the conduct of litigation. The core principles are derived from case law, supplemented by statute such as the Parliamentary Papers Act 1840 and defamation legislation.In Ireland, the categories are broadly similar, with absolute privilege recognised in parliamentary, judicial and certain other official contexts, reflected in the Defamation Act 2009 and case law.The privilege is “absolute” in that it is not defeated by proof of malice. It is narrowly construed and distinguished from qualified privilege, which protects only statements made without malice and on an occasion of legal, moral or social duty or interest.
GLOSSARY
An investment strategy the objective of which is a given level of long-term return rather than a return relative to a benchmark, index or inflation measure.
GLOSSARY
How much an investment rises or falls.
GLOSSARY
where no GHG emissions can be attributed to an organisation across any of its activities, or scopes
GLOSSARY
A judgment in favour of the person against whom a court action is raised.
GLOSSARY
Quantity of energy imparted by radiation'>ionising radiation to unit mass of matter such as tissue. Unit Gray, symbol Gy. 1 Gy = 1 joule per kilogram.
GLOSSARY
The abstract for a patent must include a concise summary of what is in the patent specification.
GLOSSARY
An abstract of title is a conveyancing summary of the deeds and events that make up a seller’s chain of title, identifying ownership and all burdens (such as mortgages/charges, easements/servitudes and restrictive covenants/real burdens). It is used chiefly for unregistered land to enable the buyer’s solicitor to investigate title and raise requisitions. The abstract lists relevant instruments by date and parties, and summarises recitals, operative provisions and plans, noting registrations and discharges.The term is a practice expression rather than a statutory definition. In England and Wales it commonly evidences a good root of title (typically at least 15 years) under standard conveyancing practice; modern practice often prefers an epitome of title (a schedule with copies of deeds) but “abstract” is still used generically. In Northern Ireland and Ireland, usage is similar for Registry of Deeds titles, with the required period set by contract and local practice. For registered land in England and Wales, Northern Ireland and Ireland, official copies of the Land Registry title and plan generally replace an abstract.In Scotland, “abstract of title” is not the usual term. The nearest equivalent for Sasine titles was a progress of titles supported by searches (now Legal Reports). For registered titles, the Registers of Scotland title sheet and copy deeds serve the function.