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Her Majesty's Stationery Office 4 page

Magistrates' courts are not empowered to return a special verdict. They will either grant a complete acquittal, if the defendant's evidence of mental abnormality amounts to a denial that he had any necessary *mens rea for the crime, or they may make a *hospital order, if the crime with which he is charged is one for which they could usually imprison him.

If someone in custody for trial is suffering from mental illness or severe subnormality, he may be detained in hospital and not brought to trial until he is fit. A person who is insane at the time of his trial, in the sense that he does not understand the charge and cannot properly instruct his lawyers, may be found *unfit to plead.

See also general defences; irresistible impulse.

insider dealing

Taking advantage of specific unpublished price-sensitive information to deal in *securities to make a profit or avoid a loss. Under the Criminal Justice Act 1993, dealings by insiders and those who have acquired information from insiders may be a criminal offence. Improperly disclosing such information or encouraging others to deal is also prohibited.

insolvency practitioner

A person appointed to officiate in the *winding-up of a company or in *bankruptcy proceedings. The Insolvency Act 1986 requires the appointment of a qualified practitioner to act as a *liquidator, an *administrative receiver, the supervisor of a *voluntary arrangement, or a *trustee in bankruptcy. Under the Act, a person is only authorized to act in such a capacity if he has met certain statutory requirements, including membership of an approved professional body (such as the Institute of Chartered Accountants of England and Wales or the Insolvency Practitioners Association).

inspection by judge

See view.

inspection of documents

See disclosure and inspection of documents.

inspection of property

(in court procedure)

The High Court or the county courts may order the inspection, photographing, preservation, custody, and detention of any property that is (or may become) the subject matter of proceedings or in respect of which any questions may arise in proceedings. Such an order may be made before the issue of proceedings, in respect of any property that may become the subject matter of subsequent proceedings. Once proceedings have started, an order may be made in respect of property in the possession of a party, provided that the application is in respect of a physical thing (not details of a manufacturing process, for example), and an order may be made if the property is in the possession of a non-party. In each instance, the order is sought by issuing an application notice supported by evidence.

instant committal

A short committal under section 1 of the Criminal Justice Act

1967.

See commitial for trial.

institutional constructive trust

See constructive trust.

instrument

n.

A formal legal document, such as a will, deed, or conveyance, which is evidence of (for example) rights and duties. The *European Convention on Human Rights is a living instrument in that it must be interpreted in the light of present-day conditions rather than by trying to ascertain the meaning of those who drafted it over fifty years ago.



See also statutory instrument.

insufficient evidence

A direction by a judge to a jury that, as a matter of law, the evidence does not entitle them to make a certain finding. For example, if there is insufficient evidence for a conviction, the judge may direct the jury to return a verdict of not guilty.

insulting behaviour

See threatening behaviour.

insurable interest

An interest (financial or otherwise) in the subject matter of a contract of *insurance, which provides the person insured with the right to enforce the contract. An insurable interest (e.g. ownership of goods insured) distinguishes a contract of insurance from a wager or bet. An interest is required by statute for various types of insurance contract (e.g. life insurance).

insurance

n.

A contract in which one party (the insurer) agrees for payment of a consideration (the premium) to make monetary provision for the other (the insured) upon the occurrence of some event or against some risk. For such contracts to be enforceable, there must be some element of uncertainty about the events insured against and the insured must have an *insurable interest in the subject matter of the contract. (The term assurance has the same meaning as insurance but is generally used in relation to events that will definitely happen at some time or another (especially death), whereas insurance refers to events that mayor may not happen.) There are two types of insurance: indemnity insurance, which provides an indemnity against loss and in which the measure of the loss is the measure of payment (e.g. a fire policy); and contingency insurance, which involves payment on a contingent event and in which the sum paid is not measured by the loss but stated in the policy (e.g. a life policy). A contract of insurance is one requiring the utmost good faith (See uberrimae fidei) and is voidable if a party fails in preliminary negotiations to disclose a fact material to the risk (See nondisclosure; voidable contract). Innocent or fraudulent *misrepresentation may also render the contract voidable, or the contract may be terminated for breach of an essential term (See warranty). Particular types of insurance include *life assurance, fire insurance, motor-vehicle insurance (See third-party insurance), *marine insurance, liability insurance, and guarantee insurance. There is considerable statutory regulation of insurance business.

Insurers are either insurance companies or *Lloyd's underwriters. Insurance companies are regulated by statute, aimed, among other things, at ensuring the insurance companies have sufficient funds to meet all claims made on them. Insurance brokers negotiate insurance contracts with insurance companies or

Lloyd's underwriters on a commission basis and usually handle claims on their clients' behalf. In the event of a claim the insured receives either the amount agreed in the policy or an appropriate sum that is calculated by an independent insurance assessor.

insurance broker

See insurance.

insurance company

See insurance.

insurance policy

A formal document issued by an insurer setting out the terms of a contract of *insurance. Insurance contracts are not required by law to be in writing. Before the issue of a policy an insurer may issue a cover note, which is itself a temporary contract of insurance.

insurgency

n.

A state of revolt against constituted authority by rebels who are not recognized as *belligerent communities. Hence, recognition by nation X of a state of insurgency in nation Y means that while the former nation acknowledges a state of rebellion or revolt in nation Y, it is not yet prepared to extend recognition of a state of belligerency to that nation. Such a decision is based upon the relative proportion and success of the rebellion or revolt within state Y.

intangible property

Property (*property) that has no physical existence: *choses in action and incorporeal *hereditaments.

intellectual property

Intangible property that includes *patents, *trade marks, *copyright, and registered and unregistered *design rights.

intention

n.

The state of mind of one who aims to bring about a particular consequence. Intention is one of the main forms of *mens rea, and for some crimes the only form (for example, in the crime of threatening to destroy someone's property, with the intention that he should fear that the threat will be carried out). A person is assumed to intend those consequences of his acts that are inevitable but cannot be presumed to intend a consequence merely because it is probable or natural. In the latter case, the jury must decide, on all the available evidence, whether or not in fact the accused did intend the consequences. For purposes of the law of murder, however, a person is presumed to intend to cause death if he foresees that it is a highly likely consequence of his acts. This is sometimes known as oblique intention. Intention is often contrasted with *recklessness and should not be confused with *motive. For some purposes, offences are divided into crimes of basic intent or specific intent (See intoxication).

See also ulterior intent.

Intention to injure is also a constituent element of some torts, particularly those dealing with business relations (e.g. *conspiracy, *intimidation, *procuring breach of contract).

intention of testator

The meaning that a testator intends his will to have. In interpreting a will, the court seeks to give effect to the intention of the testator as expressed in the will, even if capricious or eccentric. If the intention of the testator is to be challenged, this can only be done by an application under the Inheritance (Provision for Family and Dependants) Act 1975 (See family provision). There are rules of construction to enable the testator's intention to be ascertained where it is not clear from the face of the will (See armchair principle; interpretation of wills).

interest

n.

(in land law)

A right in or over land. It may comprise equitable ownership of the land (such as the interest of the tenant for life under a settlement), where the legal estate is owned by trustees; or the benefit of some other right over the land of another, such as an easement or rentcharge. Interests of the latter type can be legal or equitable, but under the Law of Property Act 1925 only interests owned on terms equivalent to a *fee simple absolute in possession or a *term of years absolute qualify as legal interests. A person interested in land is one who has rights in it.

See also equitable interests.

interest in expectancy

Any future interest in property.

interfering with subsisting contract

See procuring breach of contract.

interfering with trade or business

The tort of deliberately interfering with the trade or business of another person by unlawful means, thereby causing damage to that person. Liability in this tort is wider than in the tort of *procuring breach of contract, since it is not necessary to show that an existing contract has been interfered with or broken. The operation of the tort in *trade disputes is limited by statute.

interfering with vehicles

Under the Criminal Attempts Act 1981, it is an offence, punishable with up to three months' imprisonment and (or a fine, for a person to interfere with a vehicle or anything it carries with the intention that he or someone else will steal the vehicle or any of its contents or take the vehicle without the owner's consent. The offence was introduced when the *sus law was abolished. A constable may arrest anyone he reasonably suspects of this offence. It is also a *summary offence, under the Road Traffic Act 1988, to get onto a vehicle on a road or local authority car park or to tamper with its brakes or other part of its mechanism without lawful authority or reasonable cause.

See also conveyance.

interfering with witnesses

Attempting to prevent a witness from giving evidence or to influence the evidence he gives. Making improper threats against witnesses may amount to the common-law offence of *perverting the course of justice; persuading a witness to tell a lie constitutes - in addition to this - the offence of subornation of *perjury. It is also perverting the course of justice to put pressure upon a witness to give evidence or to pay him money to testify in a particular way. Sometimes interfering with witnesses may also amount to *contempt of court. There is also a separate common-law offence of tampering with witnesses when one uses threats to persuade them not to give evidence.

See also intimidation.

interim

See interlocutory.

interim appeal

(interlocutory appeal)

An appeal against an order made during the pre-trial stage of civil litigation. Appeals from district judges and masters are to the High Court or a county court circuit judge, and appeals from a decision of a county court circuit judge or a High Court judge are to the Court of Appeal (Civil Division). Any appeal can only be made if permission to appeal is granted.

interim injunction

(interlocutory injunction)

See injunction.

interim judgment

(interlocutory judgment)

A decision by the court in civil proceedings that only deals with part of the matter in dispute.

Compare final judgment.

interim measures

(in competition law)

Temporary sanctions that the European Commission and the UK Office of Fair Trading have powers (by decision and under the Competition Act 1998, respectively) to impose on businesses that are in breach of the competition rules, pending a final decision. This ensures that permanent damage is not done to the party who has complained of a breach of the rules. The interim measures may consist of requiring the offending company to resume supplies of goods to the complainant or to remedy the conduct of which complaint has been made in some other way.

See also interim relief.

interim payment

Payment on account by a defendant of any damages, debt, or other sum (excluding costs) that he is liable to pay to the claimant. The High Court (but not the county courts) may order a defendant to make an interim payment. When damages are claimed, it is necessary to show that (1) the defendant has admitted liability; or (2) the claimant has already obtained judgment for damages to be assessed; or (3) if the action proceeded to trial the claimant would obtain judgment for substantial damages.

interim proceedings

(interlocutory proceedings)

The preliminary stages in civil proceedings, such as statements of case and disclosure of documents, which occur between the issue of the claim form and the trial. Their principal functions are to define the issues that will have to be decided at the trial and to prevent *surprise.

interim relief

(interlocutory relief)

A temporary remedy, such as an interim *injunction or *interim payment, granted to a claimant by a court pending the trial.

interim rent

Rent that a landlord can request a court to fix for a *business tenancy when he has given the tenant notice to quit or when the tenant has applied for a new tenancy.

interlineation

n.

Writing between the lines of a document. The effect is the same as that of an *alteration.

interlocutory

adj.

During the course of proceedings. Before the introduction of the Civil Procedure Rules in 1999, the term was applied to certain processes in civil proceedings occurring between initiation of the action and the final judgment (e.g. interlocutory injunction, interlocutory proceedings). Under the Rules, it has been replaced by the term interim.

intermediate terms

See innominate terms.

internal waters

All rivers, canals, lakes (excluding international ones), and landlocked seas, the waters of ports, bays, and roadsteads, and the waters on the landward side of the *baseline of the territorial sea. Within its internal waters, a coastal state exercises civil and criminal jurisdiction over foreign merchant ships and also administrative functions, such as enforcing customs and fishing regulations.

Compare territorial waters.

International Bank for Reconstruction and Development

(IBRD; World Bank)

A specialized agency of the United Nations. It developed from the international monetary and financial conference held at Bretton Woods, New Hampshire, in 1944 and was established by 44 nations in 1945. Its central purpose is to spur economic growth in developing states through the provision of loans and technical assistance to their respective governments. The IBRD currently has 181 members.

international carriage

The carriage of persons or goods between two or more nations, which is regulated by various international conventions. The international carriage of goods by sea is governed by the Hague Rules (1924), the Hague-Visby Rules (1968), and the Hamburg Rules (1978, not yet in force); that of goods by road by the Geneva Convention (1956); and that of goods by rail by a convention of 1980. (See also carriage of goods by air). There are also conventions regulating the international carriage of passengers by sea, rail, and road. The UK is a party to various of these conventions and has legislated to give them legal effect; for example, the Carriage of Goods by Sea Act 1971 covers the Hague-Visby Rules.

International Court of Justice

A court at The Hague, consisting of 15 judges elected for 9-year terms of office, that has power to determine disputes relating to international law. It was set up by the United Nations in succession to the Permanent Court of International Justice, and all members of the UN are automatically parties to the Statute of the Court. No state may be brought before the Court in contentious proceedings unless it has accepted its jurisdiction, either by agreement in a particular case or by recognition of the authority of the Court in general, in respect of any dispute with another state accepting the general jurisdiction of the Court (the principle of reciprocity; See also optional clause). The Court may also give advisory opinions (See advisory jurisdiction), which do not bind the parties but are of great *persuasive authority.

International Criminal Court

A permanent court to try individuals for the most serious offences of global concern. In July 1998, 160 nations decided to establish this court; the Statute of the Court will enter into force after 60 countries have ratified it. Crimes within the jurisdiction of the Court are genocide, war crimes, and crimes against humanity, such as widespread or systematic extermination of civilians, enslavement, torture, rape, forced pregnancy, persecution on political, racial, ethnic, or religious grounds, and enforced disappearances. The Court's Statute lists and defines all these crimes to avoid ambiguity. The seat of the Court will be at The Hague, in the Netherlands, but it will be authorized to try cases in other venues when appropriate.

international law

(jus gentium, law of nations)

The system of law regulating the interrelationship of sovereign states and their rights and duties with regard to one another. In addition, certain international organizations (such as the *United Nations), companies, and sometimes individuals (e.g. in the sphere of *human rights) may have rights or duties under international law. International law deals with such matters as the formation and recognition of states, acquisition of territory, war, the law of the sea and of space, treaties, treatment of aliens, human rights, international crimes, and international judicial settlement of disputes. The usual sources of international law are

(1) *conventions and treaties (*treaty);

(2) international *custom, in so far as this is evidence of a general practice of behaviour accepted as legally binding (See opinio juris);

(3) the *general principles of law recognized by civilized nations. International law is also known as public international law to distinguish it from *private international law, which does not deal with relationships between states.

International Law Commission

(lLC)

A body established in 1947 by General Assembly Resolution 174 (II) and acting under Article 13 of the United Nations Charter. The ILC consists of 25 members of recognized competence in international law who are elected for five-year periods by the General Assembly from a list of candidates nominated by the member states of the UN. The mission of the ILC is to promote the progressive development of international law by preparing draft conventions on subjects that have not yet been regulated by international law and by codifying the law. It produces annual reports of current problems.

international legal personality

In the international community, entities who are endowed with rights and obligations under public international law are said to have international legal personality. The entities with this legal personality include states, international organizations, *nongovernmental organizations, and to some limited extent private individuals and corporations within a state.

international minimum standard

(in international law)

A minimum standard of treatment that must always be observed with regard to the treatment of foreign nationals. This standard consists of at least the right to life, liberty, and free access to the courts and to the protection of property (especially fair compensation for the nationalization of property). The international minimum standard has proved to be contentious with developing countries and Socialist states, who believe that it merely advances Western economic imperialism.

See also espousal of claim; expropriation; state responsibility.

Compare national treatment standard.

International Sea Bed Authority

A body, based in Jamaica, that is charged with responsibility for the 1982 Convention on the Law of the Sea.

See law of the sea.

international supply contract

A contract for the sale of goods made by parties whose places of business (or habitual residences) are in the territories of different states. The limitations imposed by the Unfair Contract Terms Act 1977 on the extent to which a person may exclude or restrict his liability (e.g. by an *exemption clause) do not apply to such a contract if (1) when it is made, the goods are in carriage (or due to be carried) from one state to another; (2) the offer and its acceptance take place in different states; or (3) the goods are to be delivered in a state other than that in which the offer and acceptance take place. However, other statutes may apply to such contracts, and in many countries the Vienna Convention on the International Sales of Goods and world trade rules under the *General Agreement on Tariffs and Trade (GATT) and the *World Trade Organization (WTO) will apply.

interpleader

n.

A procedure used to decide how conflicting claims against the same person should be dealt with. It applies when there are two or more claims against the applicant (whether or not court proceedings have been issued) that conflict with each other; for example, when two or more people claim the same goods that are being held by the applicant. The court decides how the matter should be dealt with; it may, for example, direct that there should be a court action between the rival claimants.

Interpleader can be of two types. A stakeholder's interpleader applies to any person holding any debt, goods, or chattels in respect of which there are rival claims. A sheriff's interpleader applies when the applicant is the *sheriff, who has to deal with rival claims after execution of a writ of *fieri facias when a third party (e.g. a television rental company) claims that the goods seized belong to him. In the county courts, special forms of summons are prescribed irrespective of whether proceedings have commenced or not. In the High Court, the application is by *claim form if proceedings have yet to start, and by ordinary application notice if proceedings have already been issued.

interpretation (construction)

n.

The process of determining the true meaning of a written document. It is a judicial process, effected in accordance with a number of rules and presumptions. So far as is relevant, the rules and presumptions applicable to Acts of Parliament (See interpretation of statutes) apply equally to private documents, such as deeds and wills.

Interpretation Act

An Act of 1978 (originally 1889) that defines a number of common words and expressions and provides that the same definitions are to apply in all other Acts except those specifically indicating otherwise. For example, "person" includes (in addition to an individual) any body of persons corporate or unincorporate.

interpretation clause

A clause in a written document that defines words and phrases used in the document itself. In an Act of Parliament it is called an interpretation section.

See also interpretation act.

interpretation of statutes

The judicial process of determining, in accordance with certain rules and presumptions, the true meaning of Acts of Parliament. The principal rules of statutory interpretation are as follows.

(1) An Act must be construed as a whole, so that internal inconsistencies are avoided.

(2) Words that are reasonably capable of only One meaning must be given that meaning whatever the result. This is called the literal rule.

(3) Ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result. This is the golden rule.

(4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such away as to favour that aim (the mischief rule).

(5) The ejusdem generis rule (of the same kind): when a list of specific items belonging to the same class is followed by general words (as in "cats, dogs, and other animals"), the general words are to be treated as confined to other items of the same class (in this example, to other domestic animals).

(6) The rule expressio unius est exclusio alterius (the inclusion of the one is the exclusion of the other): when a list of specific items is not followed by general words it is to be taken as exhaustive. For example, "weekends and public holidays" excludes ordinary weekdays.

The House of Lords has ruled against the existence of an alleged social policy rule, which would enable an ambiguous Act to be interpreted so as to best give effect to the social policy underlying it. Ambiguities may occasionally be resolved by referring to external sources; for example, the intention of Parliament in regard to a proposed Act, as revealed by ministers during its passage through Parliament, may be discovered by reference to *Hansard.

There are some general presumptions relating to the interpretation of statutes. They are presumed (1) not to bind the Crown (including the sovereign personally); (2) not to operate retrospectively so far as substantive (but not procedural) law is concerned; (3) not to interfere with vested rights (particularly without compensation); (4) not to oust the jurisdiction of the courts; and (5) not to derogate from constitutional rights or international law. But clear words or necessary implication may override these presumptions. A consolidating statute is presumed not be intended to alter the law, but this does not apply to codifying statutes, which may be concerned with clarifying law that was previously unclear. Penal and taxing statutes are subject to strict construction, i.e. if after applying the normal rules of interpretation it is still doubtful whether or not a penalty or tax attaches to a particular person or transaction, the ambiguity must be resolved in favour of the subject.

See also interpretation act; interpretation clause.

interpretation of wills

The process of determining the true meaning of wills to give effect, as far as possible, to the testator's intention expressed in the will (See intention of testator). Generally the words used are given their ordinary grammatical meaning. If the words used are ambiguous, either in themselves or in the light of surrounding circumstances, extrinsic evidence may be admitted to assist in ascertaining the testator's intention. The process of construing a will by reference to the circumstances surrounding the testator when he made his will is commonly known as the *armchair principle. Such evidence may not be used to contradict a clear expression in the will. The golden rule is to adopt a construction that will avoid an *intestacy, on the basis that if the testator went to the trouble of making a will, he presumably did not intend to die intestate. There are also many detailed rules relating to the meaning of particular phrases and to imprecise gifts for charitable purposes.

interregnum

n.

1. The period between the death of a sovereign and the accession of his or her successor.

2. Temporary rule exercised during such a period. In the UK a sovereign's death does not result in an interregnum (See demise of the Crown).

interrogation

n.

The questioning of suspects by the police. Suspects are not obliged to answer such questions (See right of silence), and the right of the police to question suspects is governed by the Police and Criminal Evidence Act 1984 and the Codes of Practice made under it. The Codes deal with such matters as the rights of the suspect to communicate with third parties, rights to legal advice and to medical treatment, and advice to the police on the administering of a *caution, the provision of interpreters, and the keeping of records concerning all these matters. There are special provisions relating to the interrogation of juveniles, the mentally ill, and the mentally handicapped. The provisions of the 1984 Act and its Codes must now be read subject to the requirements of the *Human Rights Act 1998.


Date: 2015-01-29; view: 804


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