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NFUM is incorporated in the United Kingdom as a society under the Insurance Companies Act 1994. NFUM was previously known as the National Mutual S.A. and was formed in 1996. The main purpose of NFUM is to offer insurance to farmers and farm businesses. Under the Act, NFUM is listed on the London Stock Exchange and the Financial Services Authority (FSA) is responsible for approving the Board of Directors, Financial Control and Risk Oversight Committees (FCROC) and the Audit Committee. Under the Act, it is a member of the UK's Financial Services Compensation Scheme (FSCS) and the Association of British Insurers (ABI). NFUM's Chief Executive Officer is one of the FSA's 'designated officers'.
A key issue in this case is whether the Court will consider the UK Civil Procedure Rules in deciding the issue. NFUM argues that UK Civil Procedure Rules 12.7, 12.7.1 and 12.9.1 provide for a special procedure for cases like this one, where the UK courts claim jurisdiction over a non-party. Under this special procedure, a UK court is not bound by the UK court's normal criteria for deciding whether or not to exercise jurisdiction and is permitted to dismiss any action that it finds a violation of a UK law, order or treaty. Filing such a case under the special procedure triggers a preliminary communication to the UK courts to report any decision made with respect to the order, injunction, etc. that is sought. This communication is to be in writing and is called the notice of intention to appeal and the court is permitted to treat it as an application to that court to hear the appeal. This is the special procedure which NFUM claims is applicable to this case. Filing such a case under this special procedure is supposed to be an expedited process for a UK court to decide to hear an appeal.
These conclusions were in error. The equal protection claim, although not based on a specific provision of the Constitution, is based on the Federal Government's obligations under the Indian Civil Rights Act. The provisions of that Act are binding on Indian tribes and on federal officers. [Footnote 12] As we stated in Santa Clara Pueblo, supra:
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