Lord Menzies found that the alleged conduct was inadequate. It did not consider that it “clearly or unequivocally approved the decision as valid” ([2012] OHSC 12, para. 55). He therefore accepts the possible application of the principle, but denies that the conduct mentioned is sufficient to imply consent. In particular, it concluded (paragraph 60) that it did not meet the parts of Bell`s test that consent requires: “(1) that consent be clear and indisputable and relate directly and unambiguously to the contract, assignment or settlement in order to be considered certified. and (3) it must be an act that cannot reasonably be attributed to a purpose other than that of sanctioning the instrument or contract in question.” Perhaps most interesting, however, is the judge`s analysis of whether the voting party must have claimed a benefit for the doctrine of approval and rejection to be applied. MPB had argued that there was such a need for service and that no advantage had been granted in the present case, since MPB was in any event entitled to decide the dispute under the Law on construction. The potential need for an advantage for the party making the choice was stated by Lord Evershed MR in Bank of the Merchants of Moscau (Kupetschesky) v Kindersley [1951] 1 Ch 112, who described doctrine as preventing a party from withdrawing from election if the party: The competence of a confessor may be limited to different categories of persons; For example, to children or men, without having the right to hear women. A special licence to practise medicine is required to hear nuns or women of religious orders; This extends with changes to all recognized sorority communities. The need for approval, especially for the administration of the sacrament of penance, was expressly decreed by the Council of Trent, so that absolution by an unauthorized priest would be invalid, except in cases of imminent death. This approval of the sacrament of penance is the judicial declaration of the legitimate superior that a particular priest is fit to hear the confessions of his subjects and has the capacity to hear them. The judge gave weight to the PPS`s argument that courts should be slow to determine that the doctrine of approval and rejection should apply to issues dealt with in the context of jurisprudence, which is a “crude and ready-made” form of dispute resolution, often carried out by parties without legal representation. and when the manner in which a party presents its arguments should not be considered as leading to unambiguous elections binding the parties.
on how they can present their arguments in the future. However, it noted that the issue here was not whether DGPM should be bound by the manner in which it introduced its case into the decision, but by its more fundamental decision to use a particular dispute settlement procedure. Approval has a meaning similar to that of approval, and it is also etymologically very close to consent. Both words date back to the Latin verb approbare, which means “to prove” or “to approve.” Approval meant “proof” when it first appeared in English in the 14th century, and in the early 1500s it meant “formal or official approval,” a meaning it still retains in some ecclesiastical contexts. Today, however, we generally use approval in the broader sense of “approval, admiration, or praise.” The related verb approbate means “to agree or sanction,” and the adjective approbatory means to express agreement or praise.” The respondent also argued, relying on the doctrine of approval and rejection, that, since the plaintiff had in the meantime paid the amount due, he had accepted the validity of the second finding and was therefore precluded from claiming its nullity. Bishop also refers to his vicar general, the diocesan administrator during the vacancy of an episcopal see, or any prelate regular who has ordinary jurisdiction over a particular territory. This authorization to practice medicine may be given orally or in writing and may be granted indirectly, for example, when priests have the authority to elect a licensed priest from another diocese as confessor in their own diocese. The bishop may wrongly but validly refuse his permit to practice medicine, without which no priest can hear confession.
It is interesting to read this and compare the approach of the Singapore Court of Appeal in the recent BWG v. BWF [2020] SGCA 36, which analyzed the doctrine of approval and disapproval by English case law and concluded that the party against whom it is alleged must have actually taken advantage of the previous contradictory position, in order for it to be applicable. Narrower wording seems more likely to lead to fair results, but I can see how the result in MPB vs LGK was considered fair based on the facts! As noted above, the judge clarified that, given her finding in the first question, she did not need to consider LGK`s alternative argument on approval and disapproval.
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