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A abandonment n. 1. The act of giving up a legal right, particularly a right of ownership of property. Property that has been abandoned is res nullius (a thing belonging to no one), and a person taking possession of it therefore acquires a lawful title. An item is regarded as abandoned when it can be established that the original owner has discarded it and is indifferent as to what becomes of it: such an item cannot be the subject of a theft charge. However, property placed by its owner in a dustbin is not abandoned, having been placed there for the purpose of being collected as refuse. In marine insurance, abandonment is the surrender of all rights to a ship or cargo in a case of constructive total loss. The insured person must do this by giving the insurer within a reasonable time a notice of abandonment, by which he relinquishes all his rights to the ship or cargo to the insurer and can treat the loss as if it were an actual total loss. 2. In civil litigation, the relinquishing of the whole or part of the claim made in an action or of an appeal. Any claim is now considered to be abandoned once a notice of discontinuance is served, according to rule 38 (1) of the Civil Procedure Rules. 3. The offence of a parent or guardian leaving a child under the age of 16 to its fate. A child is not regarded as abandoned if the parent knows and approves steps someone else is taking to look after it. The court may allow a child to be adopted without the consent of its parents if they are guilty of abandonment. abatement n. 1. (of debts) The proportionate reduction in the payment of debts that takes place if a person's assets are insufficient to settle with his creditors in full. 2. (of legacies) The reduction or cancellation of legacies when the estate is insufficient to cover all the legacies provided for in the will or on intestacy after payment of the deceased's debts. The Administration of Estates Act 1925 provides that general legacies, unless given to satisfy a debt or for other consideration, abate in proportion to the amounts of those legacies; specific and demonstrative legacies then abate if the estate is still insufficient to pay all debts, and a demonstrative legacy also abates if the specified fund is insufficient to cover it. For example, A's estate may comprise a painting, £300 in his savings account, and £700 in other money; there are debts of £100 but his will leaves the painting to B,£500 from the savings account to C. £800 to D, and £200 to E. B will receive the painting, C's demonstrative legacy abates to £300, and after the debts are paid from the remaining £700, D's and E's general legacies abate proportionately, to £480 and £120 respectively. When annuities are given by the will, the general rule is that they are valued at the date of the testator's death, then abate proportionately in accordance with that valuation, and each annuitant receives the abated sum. All these rules are subject to any contrary intention being expressed in the will. 3. (in land law) Any reduction or cancellation of money payable. For example a lease may provide for an abatement of rent in certain circumstances, e.g. if the building is destroyed by fire, and a purchaser of land may claim an abatement of the price if the seller can prove his ownership of only part of the land he contracted to sell. 4. (of nuisances) The termination, removal, or destruction of a nuisance. A person injured by a nuisance has a right to abate it. In doing so, he must not do more damage than is necessary and, if removal of the nuisance requires entry on to the property from which it emanates, he may have to give notice to the wrongdoer. A local authority can issue an abatement notice to control statutory nuisances. 5. (of proceedings) Theabduction 2 abstract of title 3 termination of civil proceedings by operation of law, caused by a change of interest accurate newspaper or broadcast report of judicial proceedings, or in an official or status (e.g. bankruptcy or death) of one of the parties after the start but before communication between certain officers of state. Under the Defamation Act 1996, the completion of the proceedings. An abatement did not prevent either of the the defence is also available for those reporting proceedings of the European Court parties from bringing fresh proceedings in respect of the same cause of action. Pleas of Justice. Under certain circumstances defined by the 1996 Act the absolte in abatement have been abolished; in modern practice any change of interest or privilege accorded to statements or proceedings in Parliment my be waived . status of the parties does not affect the validity of the proceedings, provided that (waiver of privilege) to permit evidence to be adduced III an action for defamation. the cause of action survives. Compare QUALIFIED PRNILEGE. abduction n. The offence of taking an unmarried girl under the age of 16 from absolute right A right set out in the European Convention on Human Rights that the possession of her parents or guardians against their will. It is no defence that cannot be interfered with lawfully, no matter how important the public interest in the girl looked and acted as if she was over 16 or that she was a willing party. No doing so might be. Absolute rights include freedom of thought, conscience, and sexual motive has to be proved. It is also an offence to abduct an unmarried girl religion and the prohibitions on torture, inhuman treatment or punishment, and under the age of 18 or a mentally defective woman (married or unmarried) for the degrading treatment or punishment. Compare QUALIFIED RIGHT. purpose of unlawful sexual intercourse. In this case a defendant can plead that he absolute title Ownership of a legal estate in registered land with a guarantee by had reasonable grounds for believing that the girl was over 18, or that he did not the state that no one has a better right to that estate. An absolute title to freehold know the woman was mentally defective, respectively. It is also an offence to abduct land is equivalent to an estate in fee simple in possession in unregistered land. any woman with the intention that she should marry or have unlawful sexual Absolute leasehold title, unlike good leasehold title, guarantees that the lessor intercourse with someone, if it is done by force or for the sake of her property. It is has title to grant the lease. (Compare POSSESSORY TITLE; QUALIFIED TITLE.) The title may also an offence for a parent or guardian of a child under 16 to take or send him out be subject to (1) encumbrances and other entries noted on the register by means of of the UK without the consent of the other parent or guardians. Belief that the substantive registration (e.g.a registered legal charge or land charge); (2)minor other person has or would have consented is a defence. It is also an offence for any interests, such as that of a beneficiary under a trust, which may be protected by other person to remove or keep such a child, without lawful authority or reasonable means of "entry" on the register rather than by substantive registration; and (3) excuse, from the person with lawful control of him. Proof of belief that the child overriding interests (which by their nature do not appear on the register and must was 16 is a defence here. See also KIDNAPPING. be ascertained by search and enquiry). See also LAND REGISTRATION. abet vb. See AID AND ABET. abstracting electricity The arrestable offence, punishable with up to five years' abortion n. The termination of a pregnancy: a miscarriage or the premature imprisonment and/or a fine, of dishonestly using, wasting, or diverting electricity. expulsion of a foetus from the womb before the normal period of gestation is This offence may be committed by someone who bypasses his electricity meter or complete. It is an offence to induce or attempt to induce an abortion unless the reconnects a disconnected meter or who unlawfully obtains a free telephone call terms of the Abortion Act 1967and the Abortion Regulations 1991 are complied with. (though there is a more specific and potentially less serious offence to deal with The pregnancy can only be terminated by a registered medical practitioner, and two this). Bypassing a gas or water meter could constitute theft of the gas or water. registered medical practitioners must agree that it is necessary, for example because Joyriding in a lift (or some similar abuse) might also constitute wasting electricity. (1) continuation of the pregnancy would involve a risk to the life or physical or Computer hackers were formerly charged with offences of abstracting electricity mental health of the pregnant woman (or of other children of hers) that is greater until the Computer Misuse Act 1990made hacking a specific criminal offence. than the risk of terminating the pregnancy, or (2)that there is a substantial risk abstraction of water The taking of water from a river or other source of that the child will be born with a serious physical or mental handicap. However, supply. It normally requires a water authority licence but there are exceptions; for doctors are not obliged to perform abortions if they can prove that they have a example when less than 1000 gallons are taken, when the water is for domestic or conscientious objection to so doing. A husband cannot prevent his wife having a agricultural use (excluding spray irrigation), or when it is removed in the course of legal abortion if she so wishes. Compare CHILD DESTRUCTION. fire-fighting or land drainage. It has been held not to include gravitational loss from absconding n. The failure of a person to surrender to the custody of a court in a canal replacing water drawn from a connecting outfall channel. order to avoid legal proceedings. See also SURRENDER TO CUSTODY. abstract of title Written details of the title deeds and documents that prove an absence n. (in court procedure) The nonappearance of a party to litigation or a owner's right to dispose of his land or an interest in this. An abstract generally deals person summoned to attend as a witness. only with the legal estate and any equitable interests that are not overreached. An absent-mindedness n. See AUTOMATISM. owner usually supplies an abstract of title before completion to an intending purchaser or mortgagee, who compares it with the original title deeds when these absent parent See NONRESIDENT PARENT; CHILD SUPPORT MAINTENANCE. are produced or handed over on completion of the transaction. An abstract of title absolute assignment See ASSIGNMENT. to registered land consists of office copies of the entries in the register (together with an authority to inspect the register) and details of any other documents absolute discharge See DISCHARGE. necessary to prove the owner's title, such as a marriage certificate proving a absolute privilege The defence that a statement cannot be made the subject of woman's change of surname. For unregistered land, the abstract of title must an action for defamation because it was made in Parliament, in papers ordered to usually trace the history of the land's ownership from a document at least 15 years be published by either House of Parliament, in judicial proceedings or a fair and old (the root of title) and give details of any document creating encumbrances toabuse of a dominant position access 4 5 which the land is subject. An abstract of title formerly comprised extracts, often in can charge for its services when it considers that this is appropriate. The law on conciliation generally is contained in the Employment Tribunals Act 1996. abbreviated note form, but now generally comprises duplicate copies of the relevant documents (an epitome of title). An abstract or epitome, with each copy document acceleration n. The coming into possession of a future interest in any property marked as examined against the original, may be sufficient in itself to deduce title; at an earlier stage than that directed by the transaction or settlement that created for instance, when a title is split into lots, the purchaser of each lot may be required the interest. For example, a landlord's interest in reversion is accelerated if the to accept an examined abstract or epitome in lieu of the original title deeds, tenant surrenders the lease before it has expired. When a will bequeaths an interest accompanied by an acknowledgment and undertaking. for life that lapses (e.g. because the legatee dies before the testator), the interest of the person entitled in remainder is accelerated and takes effect immediately the abuse of a dominant position Unlawful activities by large businesses, i.e. testator dies. usually those having a market share of at least 40% in at least one EU state. Examples of such activities, which are contrary to Article 82 of the Treaty of Rome acceptance n. Agreement to the terms of an offer that, provided certain other and the UK Competition Act 1998, include refusing to supply an existing customer requirements are fulfilled. converts the offer into a legally binding contract. If the and engaging in predatory pricing. The European Commission and the Office of method by which acceptance is to be signified is indicated by the offeror, that Fair Trading can fine businesses up to 10% of annual worldwide turnover for breach method alone will be effective. If it is not, acceptance may be either express (by of Article 82. The record individual fine, of 102M ECUs(now euros), was against word of mouth or in writing) or inferred from the offeree's conduct; for example, if Volkswagen in 1998; it was upheld on appeal in July 2000.Under the UK Competition he receives goods on approval and starts to make use of them. The acceptance must Act 1998a £3.21M penalty was imposed on Napp Pharmaceuticals. See ANTICOMPETITIVE always, however, involve some action on the part of the person to whom the offer PRACTICE. was made: the offeror cannot assert that his offer will be treated as accepted unless the offeree rejects it. The validity of an acceptance is governed by four principal abuse of process A tort where damage is caused by using a legal process for an rules. (1) It must take place while the offer is still in force, i.e. before it has lapsed ulterior collateral purpose. (See also MALICIOUS PROSECUTION.) Actions that are (see LAPSE OF OFFER) or been revoked (see REVOCATION OF OFFER). (2)It must be on the obviously frivolous, vexatious, or in bad faith can be stayed or dismissed by the same terms as the offer. An acceptance made subject to any variation is treated as a court as an abuse of process. counteroffer. (3) It must be unconditional, thus an acceptance subject to contract is abusive behaviour See THREATENING BEHAVIOUR. not a valid acceptance. (4)It must be communicated to the offeror. Acceptance by letter is treated as communicated when the letter is posted, but telex is equated ABWOR Advice by way of representation: assistance formerly given to a person by with the telephone, so that communication takes place only on receipt. However, taking on his behalf any step in the institution or conduct of any proceedings when the offer consists of a promise to confer a benefit on whoever may perform a before a court or tribunal under the provisions of the legal advice and assistance specified act, the offeror waives the requirement of communication as a separate scheme. The legal aid scheme under which ABWOR was created was replaced by the act. If, for example. he offers a reward for information, a person able to supply the "Community Legal Service from 1 April 2000. Under the new scheme, the information is not expected to accept the offer formally. The act of giving the authorization of legal representation for the purposes of a particular hearing is now information itself constitutes the acceptance. the communication of the acceptance, in a form called help at court. and the performance of the contract. ACAS Advisory Conciliation and Arbitration Service: a statutory body that was acceptance of a bill The written agreement by the person on whom a bill of established under the Employment Protection Act 1975; the composition and exchange is drawn (the drawee) that he will accept the order of the person who functions of ACAS are now governed by Parts IV and VI of the Trade Union and draws it upon him (the drawer). The acceptance must be written on the bill and Labour Relations (Consolidation) Act 1992.ACAS was set up to promote the signed. The signature of the drawee without additional words is sufficient, although improvement of industrial relations and the development of collective bargaining. generally the word "accepted" is used as well. Upon acceptance the drawee becomes In its conciliation function it may intervene, with or without the parties' consent. in the acceptor and the party primarily liable upon the bill. See also QUALIFIED a trade dispute to offer facilities and assistance in negotiating a settlement. It ACCEPTANCE. employs conciliation officers who may assist parties to an application to an acceptance supra protest (acceptancefor honour) A form of acceptance of a employment tribunal to reach a settlement. Earlier legislation removed the necessity bill of exchange to save the good name of the drawer or an endorser. If a bill of for binding settlements of employment disputes to involve an ACAS conciliation exchange has been either the subject of a protest for dishonour by nonacceptance officer: settlements can now be made when the invididual has had independent legal or protested for better security, and it is not overdue, any person who is not already advice from a qualified lawyer. liable on the bill may. with the consent of the holder. accept the bill supra protest. ACAS does not itself arbitrate in trade disputes, but with the consent of both Such an acceptance must be written on the bill. indicate that it is an acceptance for parties it may refer a dispute to the Central Arbitration Committee or to an honour, and be signed. The acceptor for honour engages that he will pay the bill on independent arbitrator. ACAS may give free advice to employers, employees, and due presentment if it is not paid by the drawee, provided that it has been duly their respective representatives on matters of employment or industrial relations. It presented for payment and protested for nonpayment and that he receives notice of issues codes of practice giving guidance on such matters as disciplinary procedures these facts. He is liable to the holder and to all parties to the bill subsequent to the and disclosure of information to trade unions. It may also conduct inquiries into party for whose honour he accepted. industrial relations problems, either generally or in relation to particular businesses, and publish the results after considering the views of parties directly affected. ACAS access n. Formerly. the opportunity to visit a child that was granted (at theaccession acknowledgment 7 6 discretion of the court) to its parent when the other parent had the care and control requiring one party to a relationship (e.g.a partnership) to account to the other or of the child after divorce or when a custodianship order was in force. Since the others for moneys received or due. An account may be: (1) open or current, where a Children Act 1989came into force the concept of access has been replaced by that of balance has not been agreed or accepted by all parties; (2)stated, where a balance contact. See also SECTION 8 ORDERS. has been accepted as correct by all parties; or (3) settled, where a balance has been accepted and discharged. accession n. 1. The formal agreement of a country to an international treaty. accounting records See BOOKS OF ACCOUNT. The term is applied to the agreement of a country to become a member state of the European Union. Member states accede to the Treaty of Rome or any other EU account of profits A remedy that a claimant can claim as an alternative to treaty by signing accession agreements. 2. The process of a member of the royal damages in certain circumstances, e.g. in an action for breach of copyright. A family succeeding to the throne, which occurs immediately on the death or successful claimant is entitled to a sum equal to the monetary gain the defendant abdication of the previous sovereign. has made through wronging the claimant. access land Land to which the public will have access for the purposes of open-air accounts pl. n. A statement of a company's financial position. All registered recreation under the Countryside and Rights of Way Act 2000.It includes land companies must present accounts (in the form prescribed by the Companies Act shown as open country (mountain, moor, heath, or down) on a map in conclusive 1985) annually at a general meeting. These consist of a balance sheet and a profit­ form issued by an appropriate countryside body (the Countryside Agency or the and-loss account with group accounts (if appropriate) attached. They are Countryside Council for Wales) or as common land, or land situated more than 600 accompanied by a directors' report and an auditor's report. All limited companies metres above sea level, or land that has been dedicated as access land. must deliver copies of their accounts to the Companies Registry (where they are accessory n. One who is a party to a crime that is actually committed by someone open to public inspection) but companies that are classified (on the basis of else. An accessory is one who either successfully incites someone to commit a crime turnover, balance sheet total, and number of members) as "small" or "medium-sized" (counsels or procures)or helps him to do so (aids and abets). The accessory is enjoy certain exemptions. Members are entitled to be sent copies of the accounts. See subject to the same punishments and orders as the principal (see also COMMON also ELECTIVE RESOLUTION; SUMMARY FINANCIAL STATEMENT. DESIGN). It is an offence to assist a person whom one knows has committed an accretion n. The process by which new land formations are legally assimilated to arrestable offence with the intention of impeding his apprehension or prosecution. old by a change in the flow of a water channel. In contrast to avulsion, this process See also IMPEDING APPREHENSION OR PROSECUTION. involves a very slow, near imperceptible, natural action of water and other elements. accessory liability If a stranger knowingly and dishonestly assists a trustee in a It would include, for example, the natural diversion of a boundary river leaving an breach of trust he will be liable as an accessory. He will not usually have received island, sandbank, or dry land where it previously flowed, the formation of islands at any trust assets; however, in assisting in the breach he will be personally liable to a river mouth, and additions to a delta by the deposit of sand and soil upon the account to the trust for any losses arising from his actions. shoreline. Accretion will allow the beneficiary state to legitimately claim title to the new land so created. See alsoTHALWEG, RULE OF THE. accident n. See FATAL ACCIDENTS; MISTAKE; ROAD TRAFFIC ACCIDENTS. accumulation n. The continual addition of the income of a fund to the capital, so accident record book A record kept by the police of details of the accidents they that the fund grows indefinitely. Before the Accumulation Act 1800 accumulation have investigated. Access to this is usually requested by solicitors acting in was permitted for the length of the perpetuity period (i.e. lives in being plus 21 subsequent litigation relating to road traffic accidents. The Association of Chief years: see RULE AGAINST PERPETUITIES). The periods for which accumulation is now Police Officers Traffic Committee has issued guidelines on charges for such reports. permitted are shorter; they are listed in the Law of Property Act 1925and the accommodation bill A bill of exchange accepted by an accommodation party, Perpetuities and Accumulations Act 1964 and include a period of 21 years from the i.e. a person who signs without receiving value and for the purpose of lending his date of the disposition, the period of the life of the settlor, and the duration of the name (i.e. his credit) to someone else. An accommodation party is liable on the bill to minority of any person mentioned in the disposition. Income is often directed to be a holder for value. accumulated if (for example) the beneficiary is a minor, or the interest in his favour is protected or contingent, or if the terms of a trust are discretionary. accomplice n. One who is a party to a crime, either as a principal or as an accessory. See alsoCORROBORATION. accusatorial procedure (adversary procedure) A system of criminal justice in which conclusions as to liability are reached by the process of prosecution and accord and satisfaction The purchase by one party to a contract of a release defence. It is the primary duty of the prosecutor and defence to press their from his obligations under it when the other party has already performed his side respective viewpoints within the constraints of the rules of evidence while the of the bargain. A release of this one-sided nature constitutes a unilateral discharge judge acts as an impartial umpire, who allows the facts to emerge from this of the contract; unless granted by deed, it can at common law be effected only by purchase, i.e. by a fresh agreement (accord) for which new consideration procedure. Common-law systems usually adopt an accusatorial procedure. See also (satisfaction) is given. If, for example, A is due to pay £1000on a particular date to B BURDEN OF PROOF. Compare INQUISITORIAL PROCEDURE. for contractual services rendered, B might agree to accept £900 paid on an earlier acknowledgment n. 1. The admission that a debt is due or a claim exists. Under date, the earlier payment constituting satisfaction. Compare BILATERAL DISCHARGE. See the Limitation Act 1980,a written acknowledgment by a debtor or his agent causes also (PROMISSORY) ESTOPPEL. the debt to be treated as if it had accrued on the date of the acknowledgment, account n. A right at common law and later (more importantly) in equity, provided that the limitation period is still current at that date. The result is that theacknowledgment and undertaking act of state 8 9 limitation period of six years for bringing an action to recover the debt runs from action n. A proceeding in which a party pursues a legal right in a civil court. See the date of acknowledgment, rather than the date on which the debt in fact arose. also IN PERSONAM; IN REM. See also LIMITATION OF ACTIONS. 2. Confirmation by the signatory to a document that active trust (special trust) A trust that imposes duties on the trustee other than the signature on the document is his own. For example, the Wills Act 1837 requires that of merely handing over the trust property to the person entitled to it (compare that the testator's signature on the will be made or acknowledged in the presence of BARE TRUST). These duties may impose a specific obligation on the trustee or confer a at least two witnesses present at the same time. Since January 1983 it has also been discretion on him. possible for a witness to acknowledge his signature in the presence of the testator. act of God An event due to natural causes (storms, earthquakes, floods, etc.) so acknowledgment and undertaking Confirmation in a title deed that a exceptionally severe that no-one could reasonably be expected to anticipate or guard person may see and have copies of relevant deeds not in his possession against it. See FORCE MAJEURE. (acknowledgment), with a promise from the holder of them to keep them safely Act of Parliament (statute) A document that sets out legal rules and has (undertaking). Thus when part of an owner's land is sold, he keeps his deeds to the (normally) been passed by both Houses of Parliament in the form of a Bill and whole but in the conveyance gives this acknowledgment and undertaking to the purchaser, who can then prove his title to the part from copies of the earlier deeds agreed to by the Crown (see ROYAL ASSENT). Under the Parliament Acts 1911 and 1949, and by calling for production of the originals. In the majority of cases the vendor however, passing of public Bills by the House of Lords can be dispensed with, except in the case of Bills to extend the duration of Parliament or to confirm provisional gives the purchaser all title documents relating solely to the land conveyed, and an orders. Subject to these exceptions, the Lords can delay Bills passed by the House of acknowledgment and undertaking is only necessary when this does not happen. Note that personal representatives and fiduciary owners will normally give only an Commons; it cannot block them completely. If the Commons pass a money Bill (for acknowledgment, no undertaking. Breach of an undertaking gives rise to an action example, one giving effect to the Budget) and the Lords do not pass it unaltered in damages. within one month, it may be submitted direct for the royal assent. Any other Bill may receive the royal assent without being passed by the Lords if the Commons pass acknowledgment of service A response by a defendant to a claim. A defendant it in two consecutive sessions and at least one year elapses between its second who intends to contest proceedings brought against him by a claimant must reading in the first session and its third reading in the second. respond to the claim by filing an acknowledgment of service and/or by filing a Every modern Act of Parliament begins with a long title, which summarizes its defence. Acknowledgments of service are used if the defendant is unable to file a aims, and ends with a short title, by which it may be cited in any other document. defence within the required time or if the defendant intends to dispute the The short title includes the calendar year in which the Act receives the royal assent jurisdiction of the court, By acknowledging service a defendant is given an extra 14 (e.g. The Competition Act 1998). An alternative method of citation is by the calendar days for filing the defence. In effect this means that the defendant has a 28-day year together with the Chapter number allotted to the Act on receiving the assent period after service of the claim before the defence must be served. Once the or, in the case of an Act earlier than 1963,by its regnal year or years and Chapter defendant has returned the relevant section of the acknowledgment of service form, number. Regnal years are numbered from the date of a sovereign's accession to the the court must notify the claimant in writing. throne, and an Act is attributed to the year or years covering the session in which it ACP states The African, Caribbean, and Pacific states that are associated with the receives the royal assent. (See also ENACTING WORDS.) An Act comes into force on the European Union through the Lome Convention. This convention, which was signed date of royal assent unless it specifies a different date or provides for the date to be at Lome (Togo)in 1975, provides for cooperation in matters of commerce between fixed by ministerial order. ACPstates and EU states, including access to the EU market for products from the Acts of Parliament are classified by the Queen's Printer as public general Acts, ACPcountries. The Convention also provides for cooperation in industrial and local Acts, and personal Acts. Public general Acts include all Acts (except those financial matters. confirming provisional orders) introduced into Parliament as public Bills. LocalActs comprise all Acts introduced as private Bills and confined in operation to a acquiescence n. Express or implied consent. In law, care must be taken to particular area, together with Acts confirming provisional orders. Personal Acts are distinguish between mere knowledge of a situation and positive consent to it. For Acts introduced as private Bills and applying to private individuals or estates. Acts example, in the defence of volentinon fit injuria an injured party will not be are alternatively classified as public Acts or private Acts according to their status regarded as having consented to a risk simply because he knew that the risk existed. in courts of law. A public Act is judicially noticed (i.e. accepted by the courts as a acquired rights See RELEVANT TRANSFER. matter of general knowledge). A private Act is not, and must be expressly pleaded by the person relying on it. All Acts since 1850are public unless they specifically acquis communautaire French The body of Community legislation by which all EU member states are bound. provide otherwise. The printed version of an Act, rather than the version set out on the HMSOwebsite, is the authentic text, although there are current proposals (2001) acquittal n. A decision by a court that a defendant accused of a crime is innocent. to alter this rule under the Electronic Communications Act 2000. A court must acquit a defendant following a verdict of not guilty or a successful plea of autrefois acquit or autrefois convict. Once acquitted, a defendant cannot be act of state An act, often involving force, of the executive of a state, or retried for the same crime on fresh evidence, but an acquittal in a criminal court committed by an agent of a sovereign power with its prior approval or subsequent does not bind civil courts (for example, in relation to a libel charge against someone ratification, that affects adversely a person who does not owe allegiance to that alleging the defendant's guilt). power. The courts have power to decide whether or not particular conductactual bodily harm 10 11 administration constitutes such an act, but if it does, they have no jurisdiction to award any from their pension fund on retirement. AVCs can be paid into an employer's scheme remedy. or into a scheme of the employee's choice (a free-standing AVe); they can be made free of tax within Inland Revenue limits (see PENSION). actual bodily harm Any hurt or injury calculated to interfere with the health or address for service The address, which a party to court proceedings gives to the comfort of the victim. Assault causing actual bodily harm is a summary or court and/or the other party, to which all the formal documents relating to the indictable offence carrying a maximum punishment of five years' imprisonment. proceedings should be delivered. Notices delivered at that address (which may be, for The hurt need not be serious or permanent in nature, but it must be more than example, the address of his solicitors) are binding on the party concerned. trifling. It is enough to show that pain or discomfort has been suffered, even though no bruising is evident. Hysteria brought on as a result of assault is sufficient ademption n. The cancellation or reduction of a specific legacy because the for the offence to be proved. subject matter of the gift is no longer part of the testator's estate at his death, or the testator no longer has power to dispose of it, or there is nothing conforming to actual military service See PRIVILEGED WILL. the description of it in the will. For example, if the will bequeaths a particular actual notice Knowledge that a person has of rights adverse to his own. If a house that the testator sold during his lifetime, or if after making a will giving a purchaser of unregistered land has actual notice of an interest that is not required legacy to his child the testator gives the child property constituting a portion, the to be registered as a land charge, and which will not be overreached on the sale to legacy is in each case adeemed. The gift of the house is cancelled and the child's him, he will be bound by it. The doctrine of notice plays no part in registered land, legacy is reduced by the amount of the portion (see also SATISFACTION). Ademption where it has been replaced by the rules of registration. See also CONSTRUCTIVE NOTICE; need not occur by the testator's own deed; for example, an Act of Parliament that IMPUTED NOTICE. nationalized a company in which the testator had shares would cause a legacy of those shares to adeem. actual total loss (in marine insurance) A loss of a ship or cargo in which the subject matter is destroyed or damaged to such an extent that it can no longer be ad idem Latin: towards the same Indicates that the parties to a transaction are in used for its purpose, or when the insured is irretrievably deprived of it. If the ship agreement. See CONSENSUS AD IDEM. or cargo is the subject of a valued policy, the measure of indemnity is the sum ADIZ See AIR DEFENCE IDENTIFICATION ZONE. fixed by the policy; if the policy is unvalued, the measure of indemnity is the insurable value of the subject insured. Compare CONSTRUCTIVE TOTAL LOSS. adjective law The part of the law that deals with practice and procedure in the courts. Compare SUBSTANTIVE LAW. actus reus Latin: a guilty act The essential element of a crime that must be proved to secure a conviction, as opposed to the mental state of the accused (see MENS adjournment n. (in court procedure) The postponement or suspension of the REA). In most cases the actus reus will simply be an act (e.g.appropriation of property hearing of a case until a future date. The hearing may be adjourned to a fixed date is the act of theft) accompanied by specified circumstances (e.g.that the property or sinedie (without day), i.e. for an indefinite period. If an adjournment is granted at belongs to another). Sometimes, however, it may be an omission to act (e.g. failure the request of a party the court may attach conditions, e.g. relating to the payment to prevent death may be the actus reus of manslaughter) or it may include a of any costs thrown away. specified consequence (death resulting within a year being the consequence required adjudication n. 1. The formal judgment or decision of a court or tribunal. 2. A for the actus reus of murder or manslaughter). In certain cases the actus reus may decision by the Commissioners of Inland Revenue as to the amount (if any) of simply be a state of affairs rather than an act (e.g. being unfit to drive through stamp duty payable on a written document. drink or drugs when in charge of a motor vehicle on a road). adjudication order Formerly, a court order that made a debtor bankrupt. See actus reus non tacit reum nisi mens sit rea Latin: an act does not make a BANKRUPTCY ORDER. person guilty of his crime unless his mind be also guilty The maxim that forms the basis for defining the two elements that must be proved before a person can be adjustment n. 1. The determination of the amount due under a policy of convicted of a crime (see ACTUS REUS; MENS REA). insurance. 2. The working out by an average adjuster of the rights and liabilities arising in a case of general average. ad colligenda bona Latin To collect the goods. The court may grant letters of administration ad colligenda bonato any person to deal with specified property in an ad litem Latin For the suit. A grant ad litem is the appointment by a court of a estate when that property might be endangered by delay. For example, if part of the person to act on behalf of an estate in court proceedings, when the estate's proper estate consists of perishable goods the court may grant administration ad colligenda representatives are unable or unwilling to act. For example, the Official Solicitor bona to any suitable person to allow him to sell or otherwise deal with those goods may be appointed administrator ad litem when a person wishes to claim under the for the benefit of the estate. This is a limited grant only and ceases on the issue of a Inheritance (Provision for Family and Dependants) Act 1975(see FAMILY PROVISION) but full grant of representation to the persons entitled to deal with the whole estate. In the personal representatives are not willing to act, or nobody is entitled to a grant, or the only person entitled to a grant is the litigant himself. A guardian ad litem is one case, such a grant was issued to the Official Solicitor on an application by the the former name for a children's guardian. Inland Revenue when the executors of the deceased's will delayed applying for probate. administration n. 1. The collection of assets, payment of debts, and distribution to the beneficiaries of property in the estate of a deceased person. See also GRANT OF additional voluntary contribution (AVq An additional payment that may be REPRESENTATION. 2. The granting of letters of administration to the estate of a made by an employee to a pension scheme in order to increase the benefits availableadministration action 12 admissibility of records 13 found in every sphere of public deceased person to an administrator, when there is no executor under the will. services to be provided. Administrative powers are 3. The process of carrying out duties imposed by a trust in connection with the administration, including town and country planning, the regulation of public property of a person of unsound mind or a bankrupt. health and other environmental matters, the functioning of the welfare services, and the control of many trades, professions, and other activities. Their exercise is administration action Proceedings instituted in court by a personal subject to judicial control by means of the doctrine of ultra vires. representative or any other person interested in the estate of a deceased person to obtain a grant of representation. administrative receiver A receiver who, under the terms of a debenture secured by floating charge, takes control of all (or substantially all) of a company's administration bond A guarantee by a third party, often an insurance company, assets. See also INSOLVENCY PRACTITIONER. to make good any loss arising if a person to whom letters of administration have been granted fails to deal properly with the estate. The court usually requires an administrative tribunal A body established by or under Act of Parliament to administration bond as a condition of granting letters of administration only when decide claims and disputes arising in connection with the administration of the beneficiaries are considered to need special protection, e.g. when the legislative schemes, normally of a welfare or regulatory nature. Examples are administrator lives abroad or where there has been a dispute as to who should employment tribunals and rent assessment committees. They exist outside the administer the estate. ordinary courts of law, but their decisions are subject to judicial control by means of the doctrine of ultra vires and in cases of error of law on the face of the record. administration of poison See POISON. Compare DOMESTIC TRIBUNAL. See also COUNCIL ON TRIBUNALS. administration order 1. An order made in a county court for the administration of the estate of a judgment debtor. The order normally requires the debtor to pay administrator n. 1. A person appointed by the court to collect and distribute a his debts by instalments: so long as he does so, the creditors referred to in the order deceased person's estate when the deceased died intestate, his will did not appoint an cannot enforce their individual claims by other methods without the leave of the executor, or the executor refuses to act. An administrator's authority to deal with court. Administration orders are issued when the debtor has multiple debts but it is the estate does not begin until the court has granted letters of administration. The thought that his bankruptcy can be avoided. Administration of Estates Act 1925lays down the order in which people are entitled 2. An order made by the court under the Insolvency Act 1986,directing that, during to a grant of representation. Compare EXECUTOR. 2. See ADMINISTRATION ORDER. the period for which it is in force, the affairs, business, and property of a company Admiralty Court A court forming part of the Queen's Bench Division of the shall be managed by a person appointed by the court (known as the administrator). High Court whose jurisdiction embraces civil actions relating to ships and the sea. In order for the court to grant such an order it must be satisfied that the company Puisne judges hear cases with the assistance of nautical assessors. The court's work cannot or is unlikely to be able to pay its debts when due and that the order is likely includes cases about collisions, damage to cargo, prizes (see PRIZE COURT), and salvage, to allow (1) the survival of the company, or (2) the approval of a voluntary and in some cases assessors may be called in to sit with the judge. The distinctive arrangement, or (3)a more favourable realization of its assets than would be feature of the court's procedure is the action in rem, under which the property possible under a winding-up or through an arrangement with creditors. that has given rise to the cause of action (usually a ship) may be "arrested" and held The Insolvency Act does not specify a period for the duration of the order: it by the court to satisfy the claimant's claim. In practice, it is usual for the owners of remains in force until the administrator is discharged, by the court, having achieved the property to give security for its release while the action is proceeding. If the the purpose(s) for which the order was granted or having decided that the purpose claim is successful, the property held or the sum given by way of security is cannot be achieved. While the order is in force the company may not be wound up; no steps may be available to satisfy the judgment. Until 1971 the Admiralty Court was part of the taken to enforce any security over the company's property or to repossess goods in Probate, Divorce and Admiralty Division of the High Court. Since the Access to the company's possession, except with the leave of the court, and no other Justice Act 1999, all Admiralty proceedings will be allocated to the multi-track. proceedings or other legal processes may be initiated or continued, against the admissibility of evidence The principles determining whether or not particular company or its property, except with the court's leave. items of evidence may be received by the court. The central principle of administration pending suit Administration of a deceased person's estate by a admissibility is relevance. All irrelevant evidence is inadmissible, but evidence that person appointed by the High Court (the administrator pending suit) when legal is legally relevant may also be inadmissible if it falls within the scope of one of the proceedings are pending concerning the validity of the will or for obtaining, exclusionary rules of evidence. See also CONDITIONAL ADMISSIBILITY; MULTIPLE recalling, or revoking any grant. An administrator pending suit has all the rights, ADMISSIBILITY. powers, and duties of a general administrator except that he may not distribute any admissibility of records In civil cases documents containing information part of the estate without the leave of the court. (records) are admissible as evidence of the facts stated in them. Before the administrative letter See COMFORT LETTER. introduction of the Civil Evidence Act 1995, such documents and records were admissible only if they came within an exception to the rules prohibiting the use of administrative powers Discretionary powers of an executive nature that are the hearsay rules in civil cases have been abolished and conferred by legislation on government ministers, public and local authorities, and hearsay evidence. Since 1995 other bodies and persons for the purpose of giving detailed effect to broadly accordingly these records are admissible. In criminal cases the hearsay rules in relation to business documents have been relaxed, although not completely defined policy. Examples include powers to acquire land compulsorily, to grant or refuse licences or consents, and to determine the precise nature and extent of abolished, by the Criminal Justice Act 1988.Under these provisions, such records aread referendum admission 14 15 admissible if they have been compiled by someone acting in the course of a duty to guardians, but in some cases the court may make an adoption order without the do so. parents' consent (e.g. if they cannot be found or have ill-treated the child). If the court thinks that the parents are refusing unreasonably to agree to an adoption that admission n. 1. In civil proceedings, a statement by a party to litigation or by his would be in the child's best interests, it may make an adoption order against the duly authorized agent that is adverse to the party's case. Admissions may be parents' wishes. A parent may consent either to a specific adoption or to an order informal (i.e. in a document or by word of mouth) or formal (i.e. made in a freeing for adoption by whomever the court eventually decides is best suited to statement of case or in reply to a request for further information). An admission adopt the child. Since the Children Act 1989 the courts now have the option of may be related to the court by someone other than the person who made it under making a section 8 order either instead of an adoption order, so that parental an exception to the rule against hearsay evidence. 2. In criminal proceedings, a responsibility may be shared (e.g.a residence order), or in addition to it (e.g.a contact statement admitting an offence or a fact that constitutes legally acceptable evidence order). Adoption law is currently under review and there are recommendations to of the offence or fact. Admissions may be informal or formal. An informal make it a duty of the court, when considering whether to make an adoption order, admission is called a confession. A formal admission may be made either before or to consider alternative orders available under the Children Act, and to bring at the hearing, but if not made in court, it must be in writing and signed by the adoption law in line with the principles of the Act by making the child's welfare of defendant or his legal adviser. An admission may be made in respect of any fact paramount importance in adoption proceedings. In addition, a court will be able to about which oral evidence could be given and is conclusive evidence of the fact dispense with parental consent if the welfare of the child demands this. admitted at all criminal proceedings relating to the matter, although it may be The Registrar General must keep a register containing details of all adoption withdrawn at any stage with the permission of the court. A plea of guilty to a orders, whic any member of the public may consult. An adopted child over the age charge read out in court is a formal admission. See also CAUTION. of 18 has a right to see a copy of his original birth certificate in order to find out admonition n. A reprimand from a judge to a defendant who has been discharged who his natural parents are. Although natural parents can register their interest in from the further prosecution of an offence. contacting their children who have been adopted, they have no corresponding right to trace these adopted children. adoption n. 1. The process by which a parent's legal rights and duties in respect of 2. Reliance by a court on a rule of international law that has not been expressly an unmarried minor are transferred to another person or persons. Adoption can made part of the law of the land but is not inconsistent with it. only take place by means of an adoption order made by a magistrates' court (in the 3. The decision of a local authority or similar body to bring into force in their area family proceedings court), county court, or the High Court (in the Children Branch an Act of Parliament conferring powers on them at their option. of the Family Division). Adoption differs from fostering in that it affects all the parents' rights and duties and it is a permanent change. After adoption the natural adoption. agency. A local authority or an approved adoption society. Usually parents are (except for the rules relating to affinityand incest) no longer only adoption agencies may make arrangements for adoption. considered in law to be the parents of the child, who is henceforth regarded as the Adoption Contact Register A register, maintained by the Registrar General. legal child of the adoptive parents (see alsoADOPTIVE RELATIONSHIP). However, the containing the names and addresses of all adopted persons who are over the age of court may make a contact order (see SECTION 8 ORDERS) at the time the adoption 18: have a copy of their birth certificate, and wish to contact a relative, together order is made. Contact after adoption is becoming a contentious issue and recently WIth details of relatives who wish to make contact with an adopted person. the court has allowed a natural parent to seek permission to apply for a contact order in respect of an adopted child. adoption order See ADOPTION. The first (but not the only) consideration in deciding whether or not a child adoption service Under the Adoption Act 1976, the different services, collectively, should be adopted is whether the adoption would safeguard and promote the that local authorities must provide within their area in order to meet the needs of welfare of the child. The court must, if possible, try to ascertain the child's wishes "adoption. These services include provision of accommodation for pregnant women and in addition take account of all the circumstances. This may involve consulting and mothers, making arrangements for placing children with prospective adopters, expert opinion (e.g.of psychiatrists or social workers). The court may also appoint a with adoption problems. and advising people "children's guardian to act in the child's interests. There are many provisions in the Adoption Act 1976 as amended by the Children Act 1989 designed to make sure that adoption society A group of people organized to make arrangements for the an adoption would be in the child's best interests. Every local authority must set up adoption of children. Adoption societies must be approved by the Secretary of State an adoption service, and adoption societies are carefully controlled; in addition, before acting as such. the government is anxious to increase the adoption of children who are currently in adoptive leave See PARENTAL LEAVE. the care of the local authority. There are rules as to who may adopt and who may be adopted and provisions for a probationary period, during which the child lives with adoptive relationship A legal relationship created as a result of an adoption the would-be adopter(s) and the court assesses whether he gets on well with them. order (see ADOPTION). A male adopter is known as the adoptive father, a female One of the ways in which a commissioning couple may attain the legal status of adopter as the adoptive mother, and other relatives as adoptive relatives. The parents in relation to a child born to a surrogate mother is by adopting the child; laws of affinity are, however, not altered by the new adoptive relationship. however, this is becoming less common now that the couple can apply for a section ADR See ALTERNATIVE DISPUTE RESOLUTION. 30 order (parental order) under the Human Embryology and Fertilization Act 1990. See SURROGACY; HUMAN ASSISTED REPRODUCTION. ad referendum Latin: to be further considered Denoting a contract that has been signed although minor points remain to be decided. Normally a child cannot be adopted without the consent of each of its parents or16 17 adulteration advisory jurisdiction two years to run. Under the Criminal Justice and Public Order Act 1994, such a adulteration n. The mixing of other substances with food. It is an offence of person may obtain an interim possession order. This differs from an ordinary strict liability under the Food Act 1984 to sell any food containing a substance that possession order in that it is much quicker, may be heard in the absence of those on would endanger health. It is also an offence to mix dangerous substances into food the property, and involves the police in enforcement. It is only available for with the intention of selling the mixture. buildings and ancillary land and not against those, such as gypsies and New Age adultery ti. An act of sexual intercourse between a male and female not married Travellers, who occupy open land. Once the proper procedure has been followed and to each other, when at least one of them is married to someone else. Intercourse for the applicant has shown a good case for possession, an order will require those on this purpose means penetration of the vagina by the penis; any degree of the land to leave within 24 hours. Remaining on the premises or re-entry within 12 penetration will suffice (full penetration is not necessary). Adultery is one of the months is a summary offence, punishable by a fine on level 5 and/or six months' five facts that a petitioner may rely on under the Matrimonial Causes Act 1973as imprisonment. A uniformed constable has a power of arrest, It is also an offence to evidence to show that the marriage has irretrievably broken down. However, in make false or misleading statements in making or resisting such an order. Similar addition to the adultery, the petitioner must show that she or he finds it intolerable penalties apply on summary conviction, but on indictment a maximum of two to live with the respondent. See DIVORCE. years' imprisonment and/or a fine may be imposed. advance corporation tax (ACT) A form of corporation tax payable by a Usually it is a summary offence for a stranger or the landlord to use violence to company on its qualifying distributions from April 1973until April 1999, when it gain entry to premises when it is known that there is someone on those premises was abolished. opposed to such an entry. However, a displaced residential occupier or a protected intending occupier who has asked the person to leave may call on the police for advancement n. 1. The power, in a trust, to provide capital sums for the benefit assistance. A police constable may arrest anyone who refuses to leave for the of a person who is an infant or who may (but is not certain to) receive the property summary offence of adverse occupation of residential premises. Furthermore, it is under a settlement. The term is a shortened form of advancement in the world not an offence if a constable, a displaced residential occupier, or a protected and has the connotation of providing a single or lump sum from the trust fund for intending occupier (or their agents) uses force to secure entry. See FORCIBLE ENTRY. a specific purpose of a permanent nature; examples include sums payable on marriage, to buy a house for the beneficiary, or to establish the beneficiary in a adverse possession The occupation of land to which another person has title trade or profession. Before 1926,a power of advancement had to be specifically with the intention of possessing it as one's own. The adverse possessor must occupy included in any settlement; since 1925a statutory power exists, subject to contrary the land as if he were entitled to it to the exclusion of all others, and must intend intention. No person may receive by way of advancement more than half that to to occupy it as his own. Both these factors must be evidenced by the use made of the which he could ever become entitled. 2. A presumption, arising in certain land; for example, cultivation, fencing, etc. Equivocal acts, such as use of the land for circumstances, that if one person purchases property in the name of another, the grazing animals from time to time or allowing children to play on the land, will not property is intended for the advancement of that other person and will be held be sufficient. After 12 years' adverse possession, the original owner's title becomes beneficially by that person and not on resulting trust for the person who statute-barred by the Limitation Act 1980,and he cannot recover his land from the purchases it. The presumption of advancement arises when a father or other person adverse possessor. The adverse possessor becomes the lawful owner (a squatter's in the position of a parent purchases property for a child. The presumption does not title), and is entitled to be registered as such. The law on adverse possession is automatically arise in the case of a mother because until 1882 a married woman frequently used to cure small discrepancies in the plan attached to a transfer of could not, during marriage, own property; her automatic exclusion from the land, and the actual position of boundaries on the ground, but it can also be used to presumption now seems nonsensical (especially as a mother now has a statutory obtain ownership of large areas of land. See also POSSESSORY TITLE. duty to maintain her children), although she will in many cases be found to be "in adverse witness A witness who gives evidence unfavourable to the party who the position of a parent". A similar presumption has been held to exist when a called him. If the witness's evidence is merely unfavourable he may not be husband purchases property for his wife (though not viceversa), and occasionally a impeached (i.e. his credibility may not be attacked) by the party calling him, but man for his mistress, but the strength (and perhaps even the existence) of this contradictory evidence may be called. If, however, the witness is hostile he may be presumption is doubtful. The presumption may be rebutted by evidence that impeached by introducing evidence that shows his untruthfulness. advancement was not intended. This evidence may be parol evidence (i.e, given orally). advice on evidence The written opinion of counsel, usually prepared after disclosure and inspection of documents, identifying the issues raised in the adversary procedure See ACCUSATORIAL PROCEDURE. statements of case and advising counsel's instructing solicitor what evidence it will adverse occupation Occupation of premises by a trespasser to the exclusion of be necessary to call at the trial. the owner or lawful occupier. Trespass in itself is not usually a criminal offence, advisory jurisdiction The jurisdiction of the INTERNATIONAL COURT OF JUSTICE but if the premises are residential and were being occupied, the trespasser (whether under which it can render legal opinions, similar in kind to declaration (see or not he used force in order to enter) is guilty of an offence under the Criminal DECLARATORY JUDGMENT) under English municipal law. In contrast to the contentious Law Act 1977if he refuses to leave when asked to do so by the displaced residential jurisdiction of the Court, states are not parties to the proceedings and there is no occupier or a protected intending occupier (or by someone acting on behalf of them). A protected intending occupier includes a purchaser, someone let in by the claimant or defendant to the action. The Court proceeds by inviting states or local authority, Housing Corporation, or a housing association with written evidence international organizations to provide information to assist the Court in its determination of point of law at issue. of his claim to the premises, or someone holding a lease, tenancy, or licence withadvocacy qualification 18 19 agent The authority of the International Court of Justice to give advisory opinions is blood relatives or between a wife and her husband's blood relatives. Some categories found under Article 96 of the UN Charter. Under this Article the Court is of people related by affinity are forbidden to marry each other (see PROHIBITED empowered to give such opinions on legal questions at the request of the UN DEGREES OF RELATIONSHIPS). The relationship of blood relatives is known as Security Councilor the General Assembly. Moreover, the power to request advisory consanguinity. See also INCEST. opinions on legal questions arising within the scope of their activities also resides in affirm vb. 1. To confirm a legal decision, particularly (of an appeal court) to other organs of the United Nations and its specialized agencies if they have been confirm a judgment made in a lower court. 2. To promise in solemn form to tell the authorized by the General Assembly to do so. truth while giving evidence or when making an affidavit. Under the Oaths Act advocacy qualification A qualification authorizing a person to act as an 1978, any person who objects to being sworn on oath, or in respect of whom it is advocate under the provisions of the Courts and Legal Services Act 1990. There are not reasonably practicable to administer an oath, may instead affirm. Affirmation separate qualifications for different levels of the court system, but the rights of has the same legal effects as the taking of an oath. 3. To treat a contract as those already entitled to appear as advocates at any level of the system at the time continuing in existence, instead of exercising a right to rescind it for when the Act came into force are preserved. misrepresentation or other cause (see VOIDABLE CONTRACT) or to treat it as discharged by reason of repudiation or breach (see BREACH OF CONTRACT). Affirmation is effective advocate n. 1. One who exercises a right of audience and argues a case for a only if it takes place with full knowledge of the facts. It may take the form of an client in legal proceedings. In magistrates' courts and the county courts both express declaration of intention to proceed with the contract; alternatively, that barristers and solicitors have the right to appear as advocates. In most Crown intention may be inferred from conduct (if, for example, the party attempts to sell Court centres, the High Court, the Court of Appeal, and the House of Lords goods that have been delivered under a contract voidable for misrepresentation). barristers have exclusive rights of audience. However, the provisions of the Courts Lapse of time without seeking a remedy may be treated as evidence of affirmation. and Legal Services Act 1990allows solicitors with appropriate experience to qualify for rights of audience similar to those of barristers and acquire advocacy affirmative pregnant An allegation in a statement of case implying or not qualifications for the Crown Court, High Court, and Supreme Court. In many denying some negative. Compare NEGATIVE PREGNANT. tribunals there are no rules concerning representation, and laymen may appear as affirmative resolution See DELEGATED LEGISLATION. advocates. Advocates no longer enjoy immunity from law suits for negligence in relation to civil or criminal litigation. 2. In Scotland, a member of the Faculty of affray n. The offence of intentionally using or threatening, other than by words Advocates, the professional organization of the Scots Bar. alone, unlawful violence. The conduct must be such as would have caused a reasonable person to fear for his safety, though no such person need be present. The Advocate General An assistant to the judge of the European Court of Justice offence is found in the Public Order Act 1986,though it can be committed in private whose function is to assist the court by presenting opinions upon every case as well as in public places. It replaces the common-law offence of affray and is brought before it. The Advocate General acts as an amicus curiaein putting forward punishable on indictment with up to three years' imprisonment and/or a fine or, on arguments based upon his own view of the interests of the European Union, summary conviction, by imprisonment for a term not exceeding six months or by a although it is not open to any of the parties to the legal action to submit fine. A constable may arrest without warrant anyone he reasonable suspects is observations on his opinion. committing affray. See also ASSAULT; RIOT; VIOLENT DISORDER. advowson n. A right of presenting a clergyman to an ecclesiastical living. The affreightment n. A contract for the carriage of goods by sea (the consideration advowson is an incorporeal hereditament that gives the owner (or patron) the right being called freight and the carrier the freighter). It can be either a charterparty to nominate the next holder of a living that has fallen vacant. It may exist in gross or a contract whose terms are set out in the bill of lading. (i.e. independently of any ownership of land by the person entitled) or may be appendent (i.e. annexed to land so that it may be enjoyed by each owner for the AG See ATTORNEY GENERAL. time being). The right is usually associated with the lordship of a manor. agency n. 1. The relationship between an agent and his principal. 2. The business aequitas est quasi aequalitas See EQUALITY IS EQUITY. carried on by an agent. affidavit n. A sworn written statement used mainly to support certain agent n. 1. A person appointed by another (the principal) to act on his behalf, applications and, in some circumstances, as evidence in court proceedings. The often to negotiate a contract between the principal and a third party. If an agent person who makes the affidavit must swear or affirm that the contents are true discloses his principal's name (or at least the existence of a principal) to the third before a person authorized to take oaths in respect of the particular kind of party with whom he is dealing, the agent himself is not normally entitled to the affidavit. See also ARGUMENTATIVE AFFIDAVIT. benefit of, or be liable on, the contract. An undisclosedprincipal is one whose existence is not revealed by the agent to a third party; he may still be entitled to the affiliation order Formerly, an order of a magistrates' court against a man alleged benefit of, and be liable on, the contract, but in such cases the agent is also entitled to be the father of an illegitimate child, obliging him to make payments towards and liable. However, an undisclosed principal may not be entitled to the benefit of a the upkeep of the child. Affiliation proceedings have been abolished by the Family contract if the agency is inconsistent with the terms of the contract or if the third Law Reform Act 1987and financial provision for illegitimate and legitimate children party shows that he wished to contract with the agent personally. is now the same (see CHILD SUPPORT MAINTENANCE). A general agent is one who has authority to act for his principal in all his affinity n. The relationship created by marriage between a husband and his wife's business of a particular kind, or who acts for the principal in the course of his (the20 agent provocateur 21 agricultural land tribunal agent's) usual business or profession. A special agent is authorized to act only for a or guerrillas to carry out armed raids on another state that are grave enough to amount to any of the above acts. special purpose that is not in the ordinary course of the agent's business or The first use of armed force by a state in contravention of the UN Charter is profession. The principal of a general agent is bound by acts of the agent that are prima facie evidence of aggression, although the final decision in such cases is left incidental to the ordinary conduct of the agent's business or the effective to the Security Council, who may also classify other acts as aggression. The performance of his duties, even if the principal has imposed limitations on the Resolution declares that no consideration whatsoever can justify aggression, that agent's authority. But in the case of a special agent, the principal is not bound by territory cannot be acquired by acts of aggression, and that wars of aggression acts that are not within the authority conferred. In either case, the principal may constitute a crime against international peace. See alsoHUMANITARIAN INTERVENTION; ratify an unauthorized contract. An agent for the sale of goods sometimes agrees to MARTENS CLAUSE; OCCUPATION; OFFENCES AGAINST INTERNATIONAL LAW AND ORDER; USE OF protect his principal against the risk of the buyer's insolvency. He does this by FORCE; WAR; WAR CRIMES. undertaking liability for the unjustifiable failure of the third-party buyer to pay the price of the goods. Such an agent is called a del credere agent. See also agreement n. (in international law) See TREATY. COMMERCIAL AGENT; MERCANTILE AGENT. agreement for a lease A contract to enter into a lease. Special rules govern the 2. (in criminal law) See BUGGERY. creation of such a contract. Before 27 September 1989,a contract to grant a lease was agent provocateur A person who actively entices, encourages, or persuades unenforceable unless it was evidenced in writing, or evidenced by a sufficient act of someone to commit a crime that would not otherwise have been committed for the part performance (such as entering onto the property and paying rent). Since 27 purpose of securing his conviction (see ENTRAPMENT). In such a case the agent September 1989, a contract to grant a lease for not more than three years may be provocateur will be regarded as an accomplice in any offence that the accused made orally or by any kind of written agreement. A contract to grant a longer lease commits as a result of this intervention. must be in writing, incorporating all the terms of the agreement, and signed by the parties. A contract that does not comply with these requirements is wholly void and age of consent The age at which a girl can legally consent to sexual intercourse, can no longer be evidenced by part performance. that would otherwise constitute an indecent assault. This age is 16. This or to an act agrement n. The formal diplomatic notification by a state that the diplomatic minimum age limit does not apply to girls married under a foreign law that is agent selected to be sent to it by another state has been accepted, i.e. is persona grata recognized in English law. See also BUGGERY. and can consequently become accredited to it. The agrement is the reply to a query aggravated assault See ASSAULT. by the sending state, which precedes the sent diplomat's formal nomination and accreditation. This type of mutual exchange by two states over their diplomatic aggravated burglary See BURGLARY. representation is called agreation. See also PERSONA NON GRATA. aggravated damages Damages that are awarded when the conduct of the agricultural dwelling-house advisory committee (ADHAC) A committee defendant or the surrounding circumstances increase the injury to the claimant by that advises the local authority in its area on the agricultural need for tied subjecting him to humiliation, distress, or embarrassment, particularly in such torts cottages. An owner of a tied cottage can apply to a local authority to rehouse a as assault, false imprisonment, and defamation. former worker who is occupying the cottage. The local authority has a duty to do aggravated trespass See TRESPASS. this if the committee advises that possession is needed in the interests of efficient aggravated vehicle-taking An offence concerning joyriding, which was agriculture. See also ASSURED AGRICULTURAL OCCUPANCY. enacted in 1992.The offence arises when the accused has unlawfully taken a motor agricultural holding A tenancy of agricultural land. Tenants have special vehicle, driven it in a dangerous manner on a public road, and caused an accident statutory protection and there is a procedure to fix rent by arbitration if the parties resulting in injury to another person or to property. Any passenger in the vehicle cannot agree. The landlord normally has to give at least one year's notice to quit. who knows that it has been taken without the owner's consent is also guilty of the The tenant can usually appeal to an agriculturalland tribunal to decide whether offence. the notice to quit should operate. The landlord is entitled to compensation at the end of the tenancy if the holding has deteriorated and the tenant is at fault; the aggression n. (in international law) According to the General Assembly Resolution tenant can claim compensation at the end of the tenancy for disturbance and for (3314) on the Definition of Aggression 1975, the use of armed force by one state improvements he has made. The Agricultural Holdings Act 1986 gives the security of against the sovereignty, territorial integrity, or political independence of another tenure. Tenancies and licences to those working the land may give security of state or in any way inconsistent with the Charter of the United Nations. The tenure under the Housing Act 1988if the tenants are qualifying workers (working Resolution lists examples of aggression, which include the following. (1) Invasion, on the land as defined in the Act) and otherwise qualify. See ASSURED AGRICULTURAL attack, military occupation, or annexation of the territory of any state by the armed OCCUPANCY. forces of another state. (2)Bombardment or the use of any weapons by a state against another state's territory. (3)Armed blockade by a state of another state's agricultural land tribunal A tribunal having statutory functions in relation to ports or coasts. (4)The use of a state's armed forces in another state in breach of the tenancies of agricultural holdings. It normally consists of a legally qualified terms of the agreement on which they were allowed into that state. (5) Allowing chairman, a representative farmer, and a representative landowner. Notice to quit a one's territory to be placed at the disposal of another state, to be used by that state holding is in certain circumstances inoperative without a tribunal's consent, and on for committing an act of aggression against a third state. (6)Sending armed bands the death of a tenant the tribunal has power to direct that a qualifying member ofaid and abet 22 allocation questionnaire 23 his family is entitled to a new tenancy. Application may also be made to the tribunal days after committal, unless the Crown Court considers that there was a valid for a certificate of bad husbandry. reason for not supplying them. aid and abet To assist in the performance of a crime either before or during (but alien n. A person who, under the law of a particular state, is not a citizen of that not after) its commission. Aiding usually refers to material assistance (e.g.providing state. Aliens are usually classified as resident aliens (domiciled in the host country) the tools for the crime), and abetting to lesser assistance (e.g.acting as a look-out or or transient aliens (temporarily in the host country on business, study, etc.). They driving a car to the scene of the crime). Aiders and abettors are liable to be tried as are normally subject to certain civil disabilities, such as being ineligible to vote. For accessories. Mere presence at the scene of a crime is not regarded as aiding and the purposes of UK statute law an alien is defined by the British Nationality Act 1981 abetting. It is unnecessary to have a criminal motive to be guilty of aiding and (in force from 1 January 1983)as a person who is neither a Commonwealth citizen, abetting: knowledge that one is assisting the criminal is sufficient. See also IMPEDING nor a British protected person, nor a citizen of the Republic of Ireland. At common APPREHENSION OR PROSECUTION. law, a distinction is drawn between friendly and enemy aliens. The latter comprise not only citizens of hostile states but also all others voluntarily living in enemy Air Defence Identification Zone (ADIZ) A zone, which can extend in some territory or carrying on business there; they are subject to additional disabilities. See cases up to 300 miles beyond the territorial sea, established for security reasons by also ALLEGIANCE; DUE DILIGENCE; JUs SANGUINIS. some states off their coasts. When entering the ADIZ all aircraft are required to alienable adj. Capable of being transferred: used particularly in relation to real identify themselves, report flight plans, and inform ground control of their exact property. See also RULE AGAINST INALIENABILITY. position. See also AIRSPACE. alienation n. The transfer of property (particularly real property) from one person air-force law See SERVICE LAW. to another. See also RESTRAINT ON ALIENATION. air pollution See POLLUTION. alieni juris Latin: of another's right Describing the status of a person who is not airspace n. In English law and international law, the ownership of land includes of full age and capacity. Compare SUI JURIS. ownership of the airspace above it, by application of the maxim cujus est solum ejus alimentary trust See PROTECTIVE TRUST. est usque ad coelum (whose is the soil, his it is even to heaven); outer space, however, is not considered to be subject to ownership. alimony n. Formerly, financial provision made by a husband to his wife when they In English law an owner has rights in as much of the airspace above his land as is are living apart. Alimony is now known as maintenance or financial provision. necessary for the ordinary use of his land and the structures on it. Within these allegation n. Any statement of fact in a statement of case, affidavit, or limits a projection over one's land (such as a signboard) can be a trespass and indictment. In civil cases it is the duty of the party who makes an allegation to pollution of air by one's neighbour can be a nuisance. Pollution of air is also adduce evidence in support of it at trial, under the principle of "he who asserts controlled by various statutes. There is no natural right to the free flow of air from must prove". neighbouring land, but easements for the flow of air through a defined opening allegiance n. The duty of obedience owed to a head of state in return for his (such as a window or a ventilator) can be acquired. Civil aircraft flying at a protection. It is due from all citizens of that state and its dependencies and also reasonable height over land do not commit trespass, but damages can be obtained if from any alien present in the state (including enemy aliens under licence; for material loss or damage is caused to people or property. example, internees). A person who is declared by the British Nationality Act 1981not In international law, national airspace, including airspace above the internal to be an alien but who has a primary citizenship conferred by a state other than the waters and the territorial sea, is under complete and exclusive sovereignty of the UK is probably governed by the same principles as aliens so far as allegiance is subjacent state. As a result, apart from aircraft in distress, any use of national concerned. airspace by non-national aircraft requires the official consent of the state concerned. This can be granted unilaterally or more commonly (in respect of commercial allocation n. The stage in civil litigation when a decision is made as to how the case is to be dealt with. After each of the parties has completed and filed an flights) through a bilateral treaty, usually on conditions of reciprocity. See allocation questionnaire, allocation is made to one of three tracks: (1) the small TERRITORIAL WATERS. claims track for cases worth less than £5000; (2)the fast track for cases worth alderman n. A senior member of a local authority, elected by its directly elected between £5000 and £15,000; and (3)the multi-track for cases worth more than members. Active aldermanic rank now exists only in the City of London, having £15,000. After allocation has taken place, the court will proceed to give standard been phased out elsewhere by the Local Government Act 1972.County, district, and directions as to how the case should proceed. This stage was formerly (before the London borough councils can, however, appoint past members to honorary rank in introduction of the Civil Procedure Rules in 1999) referred to as setting down for recognition of eminent service. The term was originally synonymous with 'elder' trial. See also CASE MANAGEMENT. and is of Anglo-Saxon derivation. lIocation questionnaire A questionnaire that (except in certain circumstances) alibi n. from Latin: elsewhere A defence to a criminal charge alleging that the IS served on both parties in civil litigation when the defendant has filed a defence. defendant was not at the place at which the crime was committed and so could not The completion of this document enables the court to allocate the case to the most have been responsible for it. If the defendant claims to have been at a particular ppropriatetrack (see ALLOCATION). The completed form will contain such place at the time of the crime, evidence in support of an alibi may only be given if mformation as the monetary value of the claim, the complexity of the case, the the defendant has supplied particulars of it to the prosecution not later than seven number of litigants involved, whether there are any counterclaims, the parties'allotment 24 Amsterdam Treaty 25 track of choice, whether time is needed to allow for settlement (known as a 'stay'), patent or latent. A patent ambig.uity is obvious to anyone looking at the document; and whether all or any applicable pre-action protocols have been observed. for example, when a blank space IS left for a name. A latent ambiguity at first Failure to complete the questionnaire and return it to the appropriate place by appears to be an unambigous statement, but the ambiguity becomes apparent in the date specified may lead to the claim being struck out. On receipt, the court will the light of knowledge gamed other than from the document. An example is "I give allocate the case to a track, primarily based on the value of the claim but also my gold watch to X", when the testator has two gold watches. In general, extrinsic considering the other information supplied in the questionnaire. evidence can be used to clarify latent ambiguities, but not patent ambiguities. Extrinsic evidence cannot be used to give a different meaning to words capable of allotment n. A method of acquiring previously unissued shares in a Iimited ordinary interpretation. company in exchange for a contribution of capital. An application for such shares will often be made after the issue of a prospectus on the flotation of a public ambulatory adj. (of a will) Taking effect not from when it was made but from the company or on the privatization of a state-owned industry. The company accepts the death of the testator. Thus descriptions of property bequeathed or of beneficiaries application by dispatching a letter of allotment to the applicant stating how many are taken to refer to property or persons existing at that time. The will remains shares he has been allotted; he then has an unconditional right to be entered in the revocable until death. register of members in respect of those shares. If he has been allotted fewer shares ameliorating waste Alterations made by a tenant that improve the land he than he has applied for, he receives a cheque for the unallotted balance (an leases. See WASTE. application must be accompanied by a cheque for the full value of the shares applied for). See alsoAUTHORIZED CAPITAL; RETURN. amendment n. 1. Changes made to legislation, for the purpose of adding to, correcting, or modifying the operation of the legislation. 2. Changes made to the alteration n. A change that, when made in a legal document, may affect its statement of case used in civil litigation. Changes in the parties' knowledge of the validity. An alteration in a will is presumed to have been made after execution and case as it proceeds may require alterations in the claim form, defence, or other will therefore be invalid. However, it will be valid if it is proved to have been made documents. For example, an amendment will be necessary in order to add the name before execution or if it was executed in the same way as the will itself. If the of a second defendant to the claim. On occasion, errors need to be corrected. The alteration is duly attested by the testator and the witnesses placing their initials or Civil Procedure Rules make clear that amendments may be allowed (1) with the signatures by it, it is presumed to be valid. If an invalid alteration completely consent of all parties, (2)with the permission of the court, or (3)in the absence of obliterates the original words, it is treated as a blank space. If the original words can consent and without the court's permission, provided the amendment is made still be read, they remain effective. Alterations in deeds are presumed to have been before the claim is served. The court may impose the penalty of costs on the party made before exection. Alterations made after execution do not affect the validity seeking the amendment if this has been made necessary by negligence. Not every of the deed If their purpose IS to correct an obvious error. If, however, a material minor development in the litigation, however, needs to be reflected in an alteration is made to a deed after execution without the consent of the parties, the amendment, only those changes that will have a real effect on the litigation. 3. An deed may become void in part. See alsoAMENDMENT. alteration of a treaty adopted by the consent of the high contracting parties and alteration of share capital An increase, reduction (see REDUCTION OF CAPITAL), or intended to be binding upon all sum parties. An amendment may involve either any other change in the authorized capital of a company. If permitted by the individual provisions or a complete review of the treaty. article of association, a limited company can increase its authorized capital as a mensa et thoro Latin From board and bed. A decree of divorce a mensa et thoro appropnate. It cn also rearrange its existing authorized capital (e.g. by consolidating was the forerunner of the modern judicial separation order. See also AVINCULO 100 shares of £1 mto 25 shares of £4 or by subdividing 100 shares of £1 into 200 of MATRlMONII. 50p) and cancel unissued shares. These are reserved powers (see GENERAL MEETING), exercised - unless the articles of association provide otherwise - by an ordinary amicus curiae Latin; friend of the court Counsel who assists the court by putting resolution, arguments in support of an interest that might not be adequately represented by the parties to the proceedings (such as the public interest) or by arguing on behalf alternative dispute resolution (ADR) Any of a variety of techniques for of a party who is otherwise unrepresented. In modern practice, when a court resolving civil disputes without the need for conventional litigation. It may include requires the assistance of an amicuscuriaeit is customary to invite the Attorney mini-trial (a shortened and simplified form of court hearing), informal methods of General to attend, either in person or by counsel instructed on his behalf, to arbitration, and structured forms of conciliation using a specially trained mediator represent the public interest, but counsel have been permitted to act as amicus actmg as a go-between (see MEDIATION). curiae on behalf of professional bodies (e.g.the Law Society). Alternative Investment Market (AIM) See STOCK EXCHANGE. amnesty n. An act erasing from legal memory some aspect of criminal conduct by alternative verdict A verdict of not guilty of the offence actually charged but an offender. It is most frequently granted to groups of people in respect of political gU1lt of some lesser offence not specifically charged. Such a verdict is only offences and is wider than a pardon, which merely relieves an offender of permitted when there is insufficient evidence to establish the more serious offence punishment. but the evidence given is sufficient to prove the lesser offence. If, for example, in a Amsterdam Treaty The EU treaty signed in Amsterdam in 1997(in force from 1 murder case there is evidence that the defendant lacked maIice aforethought, an May 1999), which amended provisions of the Treaty of Rome (European Community alternative verdict of manslaughter may be returned. Treaty) and the Maastricht Treaty (Treaty on European Union). Among other ambiguity n. Uncertainty in meaning. In legal documents ambiguity may be effects, the Amsterdam Treaty increased the powers of the European Parliament by26 antecedents ancient lights 27 extending the codecision procedure to all areas covered by qualified majority is now generally considered illegal in international law, even when it results from a voting and enabled the Social Chapter to be incorporated into the Treaty of Rome. legitimate use of force (for example, in self-defence). It may subsequently become legal, however, by means of recognition by other states. The annexing state is not ancient lights An easement acquired by lapse of time (see PRESCRIPTION) resulting bound by pre-existing obligations of the state annexed. from 20 years' continuous enjoyment of the access of light to the claimant's land without any written consent from the owner of the land over which the easement annual general meeting (AGM) A meeting of company members required by is claimed. the Companies Act 1985 to be held each calendar year. Not more than 15 months should elapse between meetings, and 21 days' written notice (specifying the meeting ancillary credit business A business involved in credit brokerage, debt as the annual general meeting) must usually be given. AGMsare concerned with the adjusting, debt counselling, debt collecting, or the operation of a credit-reference accounts, directors' and auditor's reports, dividends, the election of directors, and the agency. Credit brokerage includes the effecting of introductions of individuals appointment and remuneration of the auditor. Other matters are treated as special wishing to obtain credit to persons carrying on a consumer-credit business. Debt business. See also ELECTIVE RESOLUTION; GENERAL MEETING. adjusting is the process by which a third party negotiates terms for the discharge of a debt due under consumer-credit agreements or consumer-hire agreements annual return A document that registered companies are required by law to send with the creditor or owner on behalf of the debtor or hirer. The latter may also pay to the Companies Registry, usually each year. It includes information concerning a third party to take over his obligation to discharge a debt or to undertake any the type of company and its business activities, the registered office, directors, similar activity concerned with its liquidation. Debt counselling is the giving of company members, and certain company debts. It is open to public inspection. advice (other than by the original creditor and certain others) to debtors or hirers Failure to file the return is a criminal offence and may lead to the company being about the liquidation of debts due under consumer-credit agreements or consumer­ removed from the register and fined. See REGISTRATION OF A COMPANY. hire agreements. In debt collecting, someone other than the creditor takes steps to annual value of land The annual rent that might reasonably be expected from procure the payment of debts owing to him. A creditor may engage a debt collector letting land or buildings, if the tenant pays all usual rates and taxes while other for this purpose. A credit-reference agency collects information concerning the expenses (including repairs) are borne by the landlord. It is used in assessing rates. financial standing of individuals and supplies this information to those seeking it. The Inland Revenue carries out the valuation. The Consumer Credit Act 1974 provides for the licensing of ancillary credit businesses and regulates their activities. annuity n. A sum of money payable annually for as long as the beneficiary (annuitant) lives, or for some other specified period (e.g. the life of another person ancillary probate A grant of probate to an executor appointed under a foreign (pur autre vie) or the minority of the annuitant). An annuity left by will is treated as jurisdiction to enable him to deal with assets of the deceased in the UK. a pecuniary legacy. An annuity may be charged on, or directed to be paid out of, a ancillary relief A court order incidental to another order or application. It particular fund or it may be unsecured. A joint annuity, in which money is payable usually refers to a financial provision order or a property adjustment order made to more than one annuitant, terminates on the death of the last survivor. See also in the course of proceedings for divorce, separation, or nullity under the RENTCHARGE. Matrimonial Causes Act 1973.Such orders are made on or after granting the decree. annulment n. 1. A declaration by the court that a marriage was never legally ancillary restraint A restriction that is imposed as part of a larger transaction. In valid. In all cases of nullity except nonconsummation, a decree of annulment will relation to the EU merger rules, there is a notice setting out for how long and on only be granted within three years after the celebration of the marriage. See also what terms ancillary restraints are permitted in the context of such arrangements. NULLITY OF MARRIAGE. 2. The cancellation by a court of a bankruptcy order, which occurs when it considers that the debtor was wrongly made bankrupt, when all the angary n. The right of belligerent states to make use of (or destroy if necessary) debts have been paid in full, or when the court approves a voluntary arrangement. neutral property on their own or on enemy territory or on the open sea, for the The power of annulment is discretionary. Annulment does not affect the validity of purpose of offence and defence. Traditionally, the right (jus angariae) was restricted any sale of property or other action that has already taken place as a result of the to the belligerent laying an embargo on and seizing neutral merchant ships in its bankruptcy order. 3. The cancellation of delegated legislation by resolution of harbours and compelling them and their crews to transport troops, ammunition, and provisions to certain places on payment of freight in advance. However, all sorts either House of Parliament. 4. The setting aside of legislation or other action by the European Court of Justice. of neutral property, including vessels or other means of transport, arms, ammunition, provisions, or other personal property, may be the object of the annus et dies Latin A year and a day. At common law, the Crown was entitled to modern right of angary, provided the articles concerned are serviceable to military take possession of the lands of a person convicted of felony and to exploit them ends and wants. without reserve for a year and a day. This was known as the right of year, day, and waste. animals pl. n. See CLASSIFICATION OF ANIMALS. animus n. Latin Intention. The term is often used in combination; for example, answer n. 1. A reply to a request for further information (see INTERROGATORY). 2. A animus furandi - the intention to steal; animus manendi - the intention to remain statement of case served by the respondent to a petition, e.g. an answer to a divorce in one place (for the purposes of the law relating to domicile, petition. It is equivalent to the defence served by the defendant in response to a claim form. annexation n. (in international law) The acquisition of legal sovereignty by one state over the territory of another, usually by occupation or conquest. Annexation antecedents pl. n. An accused or convicted person's previous criminal record or31 arbitration clause applicable law 30 appurtenant adj. Attached or annexed to land and enhancing the land or its use. track claim or in specialist proceedings or (2) an appeal itself from a county court An easement must be appurtenant to a dominant tenement but a profit a judge. Where two or more High Court judges sit as a Divisional Court, appeals are prendreneed not. Thus a right of way over land in Yorkshire granted to a Sussex permitted. In the Chancery Divisional Court, appeals may be heard from certain landowner does not benefit his Sussex property and is not an easement, but a right tribunals, e.g. the Inland Revenue Commissioners, and from the county courts for to shoot game over the Yorkshire land could give a man in Sussex (whether such matters as bankruptcy appeals. In the Family Divisional Court, appeals may be landowner or not) a valid profit a prendre. heard from the magistrates' courts and the county courts, typically in respect of financial provision under the Domestic Proceedings and Magistrates' Court Act 1978. a priori Latin: from the previous (i.e. from cause to effect) Describing or relating In the Queen's Bench Divisional Court, appeals may be heard, when circumstances to reasoning that is based on abstract ideas, anticipates the effects of particular demand, from the magistrates' courts, the Crown Court, and various tribunals by causes, or (more loosely) makes a presumption that is true as far as is known, i.e. way of case stated and in matters of judicial review and habeas corpus. The Court deductive reasoning. Compare A POSTERIORI. of Appeal (Civil Division) is able to hear appeals from the county courts (except in arbitrary punishment See PUNISHMENT. bankruptcy cases) by way of the leapfrog procedure (Court of Appeal), and appeals from the High Court and various tribunals. The House of Lords will hear appeals arbitration n. The determination of a dispute by one or more independent third primarily from the Court of Appeal but can hear appeals from the High Court parties (the arbitrators) rather than by a court. Arbitrators are appointed by the under the leapfrog procedure (House of Lords). parties in accordance with the terms of the arbitration agreement or in default by a court. An arbitrator is bound to apply the law accurately but may in general adopt applicable law The laws of a jurisdiction that apply to a particular transaction or whatever procedure he chooses and is not bound by the exclusionary rules of the agreement. Many countries are signatories of the international Rome Convention law of evidence; he must, however, conform to the rules of natural justice. In (1980; in force from 1 April 1991), which provides that the parties' choice of law will English law, arbitrators are subject to extensive control by the courts, with respect be respected and, in the absence of a term in the relevant agreement, the country's to both the manner in which the arbitration is conducted and the correctness of the laws with the closest connection with the contract will apply. law that the arbitrators have applied, although this control was loosened to some applicant n. A person who applies for something, especially court relief. extent by the Arbitration Act 1996. The judgment of an arbitrator is called his award, which can be the subject of an appeal to the High Court on a question of applying the proviso See PROVISO. law under the provisions of the Arbitration Act 1996.A 1979Arbitration Act appointed day The date specified in an Act of Parliament (or in a abolished the old special case procedure. In some types of arbitration it is the commencement order) for its coming into force. practice for both parties to appoint an arbitrator. If the arbitrators fail to agree about the matter in dispute, they will appoint an umpire, who has the casting vote appointee n. 1. A person in whose favour a power of appointment is exercised. 2. A person selected for a particular purpose. in making the award. English courts attach great importance to arbitration and will normally stay an action brought in the courts in breach of a binding arbitration appointment n. See POWER OF APPOINTMENT. agreement. See also ALTERNATIVE DISPUTE RESOLUTION. appointor n. A person given a power of appointment to exercise. The modern origins of international arbitration can be traced to the Jay Treaty (1784) between the USAand the UK,which provided for the determination of legal approbate and reprobate To accept and reject. A person is not allowed to disputes between states by mixed commissions. The Hague Conventions of 1899and accept the benefit of a document (e.g.a deed of gift) but reject any liabilities 1907contained rules of arbitration that have now become part of customary attached to it. international law. The 1899Conventions created the Permanent Court of Arbitration, appropriation n. 1. (in administrative law) The allocation of a sum of money to a which was not strictly speaking a court but a means of providing a body of particular purpose. The annual Appropriation Act authorizes the issue from the arbitrators on which the parties to a dispute could draw. Consent to arbitration by a Consolidated Fund of money required to meet government expenditure and state can be given in three ways: (1) by inclusion of a special arbitration clause in a allocates it between departments and by reference to itemized heads of treaty; (2) by a general treaty of arbitration, which arranges arbitration procedures expenditure. 2. (in criminal law) See THEFT. for future disputes; and (3)by a special arbitration treaty designed for a current dispute. appropriation of payments The allocation of one or more payments to one particular debt out of several owed by a debtor to the same creditor. The power of arbitration agreement A contract to refer a present or future legal dispute to allocation belongs in the first instance to the debtor, but if he does not make an arbitration. Such agreements are of two kinds: those referring an existing dispute appropriation at the time of payment, then the creditor may do so. In the case of to arbitration and those relating to disputes that may arise in the future. The second current accounts, in the absence of an express appropriation, payments are normally type is much more common. No particular form is necessary, but the agreement appropriated to the oldest outstanding debt. should name the place of arbitration and either appoint the arbitrator or arbitrators or (more usually) define the manner in which they are to be appointed in the appropriations in aid Day-to-day revenue received by government departments absence of agreement between the parties. The agreement should also set out the and retained to meet expenditure instead of being paid into the Consolidated Fund. procedure for appointing an umpire if two arbitrators are involved and they fail to approximation of laws The process by which member states of the EU change agree. their national laws to enable the free market to function properly. It is required by arbitration clause An express term of a contract in writing (usually of a the Treaty of Rome. Compare HARMONIZATION OF LAWS.33 Article 82 archipelago 32 arrestable offence An offence for which there is a fixed mandatory penalty or commercial nature) constituting an agreement to refer disputes arising out of the which carries a sentence of at least five years' imprisonment (e.g. theft). There are contract to arbitration. also some crimes that are specified to be arrestable offences even though they do archipelago n. A collection of islands (including parts of islands, interconnecting not fulfil the usual conditions. For example, taking someone else's motor car for waters, and other natural features) so closely interrelated that they form an temporary use is arrestable even though it carries a maximum of only three years' intrinsic geographical, economic, and political entity, or which historically have been imprisonment. Inciting, attempting, or conspiring to commit, or being an accessory regarded as such. An example is the Galapagos Islands. In contrast, an archipelagic to, an arrestable offence is also an arrestable offence. All other crimes are termed state has been defined by the Convention on the Law of the Sea (1982) as a state nonarrestable offences. Anyone may lawfully arrest, without a warrant, a comprising one or more archipelagos; it may also include other islands. An example person who is in the act of committing an arrestable offence or whom he of an archipelagic state is the Bahamas. See also TERRITORIAL WATERS. reasonably suspects to be in the act of committing it. If an arrestable offence has been committed, anyone may subsequently arrest, without warrant, a person who is, Area Child Protection Committee A committee that advises and reviews local or whom he reasonably suspects is, guilty of the offence. A constable who reasonably practice and procedure for inter-agency cooperation and training with regard to suspects that an arrestable offence has been committed may arrest anyone he children in need of protection by local authorities. It is made up of representatives reasonably suspects to be guilty of it. He may also arrest someone who is about to from the various professions and agencies concerned with children. commit (or whom he reasonably suspects is about to commit) such an offence. A argumentative affidavit An affidavit containing not only allegations of fact police officer may also enter and search any place he suspects is harbouring a person but also arguments as to the bearing of those facts on the matter in dispute. who may be arrested for an arrestable offence. There are also special offences of impeding apprehension or prosecution of armchair principle A rule applied in the interpretation of wills, enabling persons guilty of an arrestable offence or concealing (for gain) information relating circumstances existing when the will was made to be used as evidence to elucidate to such offences. the meaning of words appearing in the will. For example, such evidence may establish the identity of a beneficiary referred to in the will only by a nickname. arrested development For the purposes of the Mental Health Act 1983,a form The phrase originates from a well-known judicial observation that one may, when of mental disorder comprising mental impairment and severe mental impairment. construing a will, "place oneself in the testator's armchair and consider the Mental impairment implies a lack of intelligence that does not amount to severe circumstances by which he was surrounded when he made his will". mental impairment but that nevertheless requires or will respond to medical treatment. Severe mental impairment is a lack of intelligence and social arraign vb. To begin a criminal trial on indictment by calling the defendant to functioning associated with aggressive or severely irresponsible conduct. the bar of the court by name, reading the indictment to him, and asking him whether he is guilty or not. The defendant then pleads to the indictment, and this arrest of judgment A motion by a defendant in criminal proceedings on completes the arraignment. indictment, between the conviction and the sentence, that judgment should not be given on the ground of some objection arising on the face of the record, such as a arrangement n. 1. (in commercial and company law) See DEED OF ARRANGEMENT; defect in the indictment itself. Such motions are extremely rare in modern practice. SCHEME OF ARRANGEMENT; VOLUNTARY ARRANGEMENT. 2. (in international law) See TREATY. arrived ship See LAY DAYS. array n. See CHALLENGE TO JURY. arson n. The intentional or reckless destruction or damaging of property by fire arrest n. The apprehension of a person suspected of criminal activities. Most without a lawful excuse. There are two forms of arson corresponding to the two arrests are made by police officers, although anybody may, under prescribed forms of criminal damage in the Criminal Damage Act 1971. Arson carries a conditions. effect an arrest. In some cases the constable must have a warrant of maximum sentence of life imprisonment. arrest signed by a magistrate, which must be shown to the accused (though not necessarily at the time of arrest). However, a warrant is not required for arrestable article n. A clause in a document. The plural, articles, is often used to mean the offences. Further, a constable who reasonably suspects that a nonarrestable offence entire document, e.g. articles of association. has been or is being committed may arrest the suspect if (1) he thinks that service of Article 81 A provision of the Treaty of Rome that prohibits anticompetitive a summons is impracticable or inappropriate because a "general arrest condition" is agreements the aim or effect of which is to restrict, prevent, or distort competition satisfied (for example, if he reasonably believes that arrest is necessary to prevent in the EU (see also COMPETITION LAW). Article 81 (formerly 85)applies directly in all the suspect causing injury) or (2) he has specific statutory power to make the arrest member states (see COMMUNITY LEGISLATION) and is often used against cartels; it only without warrant (e.g. for drunken driving or soliciting) or common-law power (see applies when the agreement affects trade between member states. Agreements that BREACH OF THE PEACE). When an arrest is made, the accused must be told that he is infringe the Article are void and unenforceable; third parties have the right to bring being arrested and given the ground for his arrest. A policeman has power to search actions for damages if they have suffered loss through the operation of such the person he is arresting for any property that may be used in evidence against agreements. Infringement of the Article may result in EU fines of up to 10%of him. Anyone making or assisting in an arrest may use as much force as reasonable annual worldwide turnover. In the UK there are very similar provisions in the in the circumstances. Resisting lawful arrest may involve the crime of assault or Competition Act 1998, which prohibit anticompetitive agreements under Chapter I obstructing a police officer. A person who believes he has been wrongfully arrested of that Act. See also BLOCK EXEMPTION. may petition for habeas corpus and may sue the person who arrested him for Article 82 A provision of the Treaty of Rome, with direct effect throughout the false imprisonment. See also BAIL; CAUTION; DETENTION; REMAND.assignment 35 Article 234 Reference 34 Commission. It applies when there is one reading of a new legislative measure in the EU (see COMMUNITY LEGISLATION), that prohibits abuses of a dominant position by Parliament: Parliament either assents by an absolute majority to the measure as businesses in the ED. Examples of breaches of Article 82 (formerly 86) include presented to it or rejects it; it does not have a power to amend the measure. Compare refusing to supply an existing customer (for example, when it has begun to operate CODECISION PROCEDURE; COOPERATION PROCEDURE. in competition with the dominant company), selectively reducing prices to stop competition from competitors (see PREDATORY PRICING), unfair or excessive prices, assessment of costs The method by which the amount of costs payable by one tying clauses, and refusing to license intellectual property rights. Article 82 only party to another, or payable by a client to his solicitor, is determined by an officer prohibits such conduct if the business is dominant, i.e. if it enjoys a market share of of the court. Before the introduction of the Civil Procedure Rules in 1999, this was 40% or more in the EU (or a substantial part of it). The rules only apply when the called taxation of costs. Assessments may be summary or detailed. In a summary conduct affects trade between member states. There is a very similar prohibition in assessment, the court determines the amount payable immediately at the end of the Chapter II prohibition of the Competition Act 1998,which holds that abuse of a the hearing. In this instance, the court can call for whatever evidence is available at dominant position will breach UK law if it has effects in the UK. the time (e.g.brief fee) to determine the amount. This is the preferred method of assessment in fast track trials. In contrast, a detailed assessmentinvolves the Article 234 Reference A provision of the Treaty of Rome entitling national quantification of costs to a costs officer, who considers the amount at some stage courts to refer matters of EU law to the European Court of Justice for a after the hearing. Detailed assessments are mostly carried out by district judges in determination. The case ultimately returns to the national court for a final the county courts but there is a dedicated office, the Supreme Court Costs Office, judgment. Such a procedure is known as a "234 reference". Article 234 (formerly 177) for the High Court. is a provision of the Treaty that empowers the Court of Justice to decide such issues as how the Treaty of Rome should be interpreted and whether or not the European assessor n. A person called in to assist a court in trying a case requiring Commission or other bodies have acted properly. specialized technical knowledge. The High Court and the Court of Appeal have wide powers to appoint assessors to assist them in any action, but this power is rarely articles of association Regulations for the management of registered companies exercised except in Admiralty cases. Assessors will not give oral evidence and will (see TABLE A). They form, together with the provisions of the memorandum of not be open to cross-examination or questioning. In cases involving questions of association, the company's constitution. navigation and seamanship, it is the invariable practice to appoint assessors who are artificial insemination See HUMAN ASSISTED REPRODUCTION. Elder Brethren of Trinity House. In proceedings to review an assessment of costs a practising solicitor and a costs officer are usually appointed to assist the judge. artificial person See JURISTIC PERSON. assets pI. n. Physical property and/or rights that have a monetary value and are ascertained goods See UNASCERTAINED GOODS. capable of being those of a juristic person or a natural person (i.e. a human being). assault n. An intentional or reckless act that causes someone to be put in fear of They can comprise real assets (real property) and personal assets (personal property). immediate physical harm. Actual physical contact is not necessary to constitute an In respect of a juristic person, such as a corporation, assets include fixed or capital assault (for example, pointing a gun at someone is an assault), but the word is often assets (those identified as being held and used on a continuing basis in the business loosely used to include both threatening acts and physical violence (see BATTERY). activity, e.g. machinery) and current or circulating assets (those not intended to be Words alone cannot constitute an assault. Assault is a form of trespass to the used on a continuing basis in the business activity but realized in the course of person and a crime as well as a tort: an ordinary (or common) assault, as described trading). above, is a summary offence punishable by a fine at level 5 on the standard scale In respect of a natural person who is deceased, assets comprise all real and and/or up to six months' imprisonment. Certain kinds of more serious assault are personal property that forms part of the deceased's estate and is available for the known as aggravated assaults and carry stricter penalties. Examples of these are payment of the deceased's debts and liabilities. See also FAMILY ASSETS; WASTING ASSETS. assault with intent to resist lawful arrest (two years), assault occasioning actual assignee n. See ASSIGNMENT. bodily harm (five years), and assault with intent to rob (life imprisonment). See also AFFRAY; INDECENT ASSAULT. assignment n. 1. The transfer of a chose in action by one person (the assignor) to another (the assignee).By the rules of the common law, this was not permissible. Assembly of the European Communities See EUROPEAN PARLIAMENT. If, for example, A was owed a contract debt by B, he could not transfer his right to assent n. A document by which personal representatives transfer property to a C so as to enable C to sue B for the money owed. The assignment of certain choses in beneficiary under a will or on intestacy. Under the Administration of Estates Act action is now authorized and governed by particular statutes. For example, the 1925 they may transfer real estate (including leaseholds) to beneficiaries by an Companies Act 1985 allows shares in a company to be transferred in the manner assent in writing, which must be signed by the personal representatives. A prescribed by the company's articles of association. These, however, are special cases; beneficiary's title to the property is not complete until the assent has been effected. in general, choses in action, whether legal (e.g.the benefit of a contract) or equitable Personal representatives may also use an assent to vest land in trustees. An assent, (e.g.a right under a trust), can be transferred either by equitable assignment or, once executed, relates back to the death of the deceased. Where an assent is made under the Law of Property Act 1925,by statutory assignment. For an equitable after 1998, it triggers registration of the land. If the land is already registered, the assignment, no formality is required. It is sufficient that the assignor shows a clear assent must be completed by registration. See LAND REGISTRATION. intention to transfer ownership of his right to the assignee. If, however, it is a legal chose that is assigned, the assignor must be made a party to any proceedings by the assent procedure A procedure introduced by the Single European Act 1986 that assignee to enforce the right. In the above example, C can sue B for the debt, but he gives greater powers to the European Parliament over the unelected European37 assured tenancy assignor 36 Treaty of Rome. The agreement, which may be with a country, a union of states, or must join A as co-claimant or (if A refuses to lend his name to the action in this an international organization, establishes an association involving reciprocal rights way) as co-defendant. A statutory assignment under the Law of Property Act 1925 and obligations, common action, and special procedures. is sometimes referred to as a legal assignment, but since it may relate to an equitable chose in action as well as a legal one this is not wholly accurate. It enables assurance n. See INSURANCE. the assignee to enforce the right assigned in his own name and without joining the assured agricultural occupancy A form of assured tenancy in which the assignor to the proceedings even if it is a legal chose. There are three requirements for its validity: it must be absolute; it must be in writing; and written notice of it tenant is an agricultural worker living in a tied cottage. This kind of tenancy must be given to the person against whom the right is enforceable. For these replaced protected occupancies from 15 January 1989.In certain circumstances a purposes, an absolute assignment is one that transfers the assignor's entire local authority may be required to rehouse assured agricultural occupants. See interest to the assignee unconditionally. If less than his entire interest (e.g. part of a AGRICULTURAL DWELLING-HOUSE ADVISORY COMMITTEE. debt) is transferred, or if any condition is attached to the transfer (e.g. that the assured shorthold tenancy A special kind of assured tenancy at the end of consent of a third party be obtained), the assignment is not absolute. An assignment which the landlord is entitled to recover possession without having to show one of need not, however, be permanent to be absolute, and this is exemplified by the the usual grounds for possession of an assured tenancy. This kind of tenancy was mortgage of a chose in action. If A, who owes money to C, assigns to C as security introduced by the Housing Act 1988,replacing protected shorthold tenancies. for that debt a debt due to him from B,with the proviso that C will reassign the Under the 1988 Act the landlord was obliged to give the tenant notice before the debt if A settles what is due to him, the assignment is absolute despite the proviso grant of the tenancy that it was an assured shorthold tenancy. However, under the for reassignment. Housing Act 1996,from 28 February 1997the requirement for the landlord to serve a The assignment of contractual rights (which must be distinguished from notice is removed, and all new tenancies are automatically assured shortholds unless novation) is subject to certain restrictions. For reasons of public policy, the holder otherwise agreed. If a landlord wants to give the tenant security under an assured of a public office must not assign his salary nor a wife her right to maintenance tenancy, this must be specifically created; if this is not done, the tenancy is an payments awarded in matrimonial proceedings. Rights to the performance of assured shorthold without security of tenure. A tenant can apply to a rent personal services, as under contracts of employment, are also incapable of being assessment committee if he thinks the rent of the tenancy is excessive. The assigned. Intellectual property rights must be assigned or transferred by document committee can fix a new rent if they think that the rent is significantly higher than in writing signed by the assignor. Stamp duty is payable on assignments of that of other assured tenancies in the area. However, government regulations may property if the value transferred is over £60,000. 2. The transfer of the whole of the remainder of the term of a lease. A tenant may restrict this right in certain areas or in certain circumstances. The landlord may obtain possession at any time when he would have been entitled assign his lease unless there is a covenant against it: there is often a covenant against assignment without the landlord's consent. The landlord cannot charge a fee to do so contractually, by giving two months' notice and specifying that the tenancy for giving his consent unless there is express provision for this in the lease and he is an assured shorthold tenancy. No order for possession may be made in the first six may not withhold his consent unreasonably. Less commonly, a lease may contain a months of the tenancy. covenant that prohibits any assignment at all. Where a lease contains a covenant assured tenancy A form of tenancy under the Housing Act 1988 that is at a against assigning without the landlord's consent, such consent not to be market rent but gives security of tenure. The premises may be furnished or unreasonably withheld, the landlord has certain statutory duties. These are: he must unfurnished. This kind of tenancy replaces protected tenancies except those in give the tenant notice of his decision within a reasonable time of the tenant existence before the Housing Act 1988 came into force. Former assured tenancies requesting consent; the notice must give reasons for any refusal of consent, or under the Housing Act 1980(where different provisions applied) are converted into conditions attached to acceptance (the conditions themselves must not be the new kind of assured tenancy. unreasonable); and the landlord cannot withhold consent unless the tenant would be To qualify as an assured tenancy, the premises must be let as a separate dwelling, in breach of covenant if he completed the transaction without consent. See also within certain rateable value limits. There are certain exceptions, such as when the BUSINESS TENANCY. landlord lives in another part of the same premises. Under the Housing Act 1996, assignor n. See ASSIGNMENT. from 28 February 1997all new residential tenancies are assured shorthold tenancies assize n. 1. An assize court or council. In modern times assizes were sittings of without security of tenure, unless a notice is specifically served stating that the High Court judges travelling on circuits around the country with commissions from parties are creating an assured tenancy. the Crown to hear cases. These commissions were either of oyer, terminer, and The rent is an open market rent agreed between the landlord and tenant, and it is general gaol delivery, empowering the judges to try the most serious criminal cases, not registered. However, the landlord must give the tenant notice if he intends to or of nisi prius, empowering them to try civil actions. These assizes were abolished increase the rent, and the tenant can then apply to a rent assessment committee if by the Courts Act 1971, and the criminal jurisdiction of assizes was transferred to he thinks the increase is excessive. The rent assessment committee determines the the Crown Court. At the same time, the High Court was empowered to hear civil rent at the current market value. There are limits on the frequency of rent cases anywhere in England and Wales without the need for a special commission. increases. 2. A statute or ordinance, e.g. the Assize of Clarendon, Novel Disseisin. The landlord can only regain possession on certain statutory grounds. These include: nonpayment of rent; that the landlord formerly lived in the dwelling and association agreement An agreement between a member state of the European requires it again for his own use; that the tenant is a nuisance neighbour or may Union and a non-EU country or organization, as provided for in Article 310 of theasylum 38 39 auditor become a nuisance; and that alternative accommodation is available (the court has of Commons, and is politically responsible for the Crown Prosecution Service, discretion in this last case). Director of Public Prosecutions, Treasury Solicitor, and Serious Fraud Office. He When the tenant of an assured tenancy dies, his spouse has a right, in certain is the leader of the English Bar and presides at its general meetings. The consent of circumstances, to take over the tenancy as successor to the deceased tenant. An the Attorney General is required for bringing certain criminal actions, principally assured tenant cannot usually assign the tenancy without the landlord's consent. See ones relating to offences against the state and public order and corruption. The also STATUTORY PERIODIC TENANCY. Attorney General sometimes appears in court as an advocate in cases of exceptional public interest, but he is not now allowed to engage in private practice. He has the asylum n. Refuge granted to an individual whose extradition is sought by a right to terminate any criminal proceedings by entering a nolle prosequi. See also foreign government. This can include refuge in the territory of a foreign country SOLICITOR GENERAL. (territorial asylum) or in a foreign embassy (diplomatic asylum). The latter is particularly contentious as it is a derogation from the sovereignty of the territorial attornment n. 1. An act by a bailee (see BAILMENT) in possession of goods on behalf state; moreover, diplomatic asylum may only be granted in cases of an alleged of one person acknowledging that he will hold the goods on behalf of someone else. political offence and not in cases involving common-law crimes. Diplomatic asylum The attornment notionally transfers possession to the other person (constructive is well recognized in Latin American states. Conventions relating to it include the possession) and can thus be a delivery of goods sold. 2. (largely historical) A person's Havana Convention of 1928,the Montevideo Convention of 1933,and the Caracas agreement to hold land as the tenant of someone else. Some mortgages provide that Convention of 1954. The UK Asylum and Immigration Act 1996 made it a criminal the owner of the land attorns tenant of the mortgagee for a period of years that offence for employers to employ anyone subject to immigration control. See will be terminated when the debt is repaid. IMMIGRATION; POLITICAL ASYLUM. auction n. A method of sale in which parties are invited to make competing offers at sea See PRIVILEGED WILL. (bids) to purchase an item. The auctioneer, who acts as the agent of the seller until fall of the hammer, announces completion of the sale in favour of the highest attachment n. A court order for the detention of a person and/or his property. bidder by striking his desk with a hammer (or in any other customary manner). Attachment can be used by the courts for the punishment of contempt of court. Until then any bidder may retract his bid and the auctioneer may withdraw the However, the most common form of attachment is attachment of earnings, by goods. The seller may not bid unless the sale is stated to be subject to the seller's which a court orders the payment of judgment debts and other sums due under right to bid. Merely to advertise an auction does not bind the auctioneer to hold one. court orders (e.g. maintenance) by direct deduction from the debtor's earnings. However, if he advertises an auction without reserve and accepts bids, he will be Payment is usually in instalments, and the debtor's employer is responsible for liable if he fails to knock the item down to the highest outside bidder. An paying these to the court. See also GARNISHEE PROCEEDINGS. auctioneer who discloses his agency promises to a buyer that he has authority to sell attempt n. (in criminal law) Any act that is more than merely preparatory to the and that he knows of no defect to the seller's title; he does not promise that the intended commission of a crime; this act is itself a crime. For example, shooting at buyer of a specific chattel will get a good title. someone but missing could be attempted murder, but merely buying a revolver auction ring A group of buyers who agree not to compete against each other at would not. One may be guilty of attempting to commit a crime that proves an auction with a view to purchasing articles for less than the open-market value. impossible to commit (e.g. attempted theft from an empty handbag). The profit earned thereby is shared among the members of the ring, or a second attendance centre A nonresidential institution run by a local authority at which "knock-out" auction is held in private by the members of the ring with the article offenders between the ages of 17 and 21 may be ordered by a youth court to attend being sold to the highest bidder and the profit shared among the members. Under if they have not previously been sentenced to prison or detention in a young the Auctions (Bidding Agreements) Acts 1927and 1969 it is a criminal offence for a offender institution. Attendance, which is outside normal school or working hours, dealer to participate in an auction ring and a seller is given the right to set aside the is for periods of up to 3 hours each, to a maximum of 36 hours. Such orders are contract of sale if one of the purchasers is a dealer in a ring. made when it is felt that a custodial order is not required but a fine or other order audi alterarn partern See NATURAL JUSTICE. would be too lenient. Audit Commission See DISTRICT AUDITORS. attestation n. The signature of witnesses to the making of a will or deed. Under the Wills Act 1837as amended the testator must acknowledge his signature (see audit exemption Exemption from the requirement to file audited accounts, ACKNOWLEDGMENT) in the presence of two witnesses who must each sign (attest) at which (since 11August 1994) can be claimed by small companies with a turnover of the same time in the testator's presence. The signature of each party to a deed must under £90,000per annum and a balance-sheet total under £1.4M. be attested by one witness. auditor n. A person appointed to examine the books of account and the attorney n. A person who is appointed by another and has authority to act on accounts of a registered company and to report upon them to company members. behalf of another. See also POWER OF ATTORNEY. An auditor's report must state whether or not, in the auditor's opinion, the Attorney General (AG) The principal law officer of the Crown. The Attorney accounts have been properly prepared and give a true and fair view of the General is usually a Member of Parliament of the ruling party and holds ministerial company's financial position. The Companies Acts 1985and 1989set out the office, although he is not normally a member of the Cabinet. He is the chief legal qualifications an auditor must possess and also certain rights to enable him to fulfil his duty effectively. adviser of the government, answers questions relating to legal matters in the House