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See also confession.

interrogatory

n.

Formerly, a formal written question submitted by one party to civil litigation to another party and required to be answered on oath. Since the introduction of the Civil Procedure Rules in 1999, this procedure has been replaced by a request for further information.

in terrorem

(Latin)

Intimidating. The doctrine of in terrorem applies to conditions attached to gifts of personal property in wills or elsewhere. Such conditions are in terrorem if it is apparent that the donor does not really intend the recipient to lose the gift, but is merely making an idle threat; for example, when a donor makes a gift subject to a condition against marriage without another person's consent but does not make provision for the disposal of the gift if the recipient does not comply with the condition. Such conditions are void.

interstate trade

Trade between states. EU competition rules (See competition law) apply only when an anticompetitive agreement or *abuse of a dominant position will affect trade between member states. Whether or not interstate trade is affected is therefore crucial to any competition analysis. Agreements relating to imports or exports are most likely to affect interstate trade, but so might an agreement between two businesses situated in one member state, depending on the terms or effect of the agreement.

intertemporal law

The law that international courts apply when a long time has elapsed since the conclusion of a treaty, to take into account changes that have taken place in international law since the treaty was formulated and changes in the meaning of the expressions in the treaty. The existence of a right (e.g. to a territorial claim) should be based not only on the law in effect at the time the right was created, but also on the international law as applied to the continued existence of that right. The legitimacy of a title to territory must be renewed by the claimant state.

intervention

n.

Action taken to intervene in markets, for example to support prices, in the EU or within similar trading groups throughout the world. In the EU it occurs in relation to the *Common Agricultural Policy. The European Commission buys surplus produce at an agreed intervention price; the produce may be stored until prices alter. This practice formerly led to butter or meat "mountains", but goods held in intervention in this way have now largely been dissipated.

intestacy

n.

The state in which a person dies without having made a will disposing of all his property. A total intestacy occurs when the deceased leaves no will at all or a will that only appoints executors but does not dispose of any property; a partial intestacy arises when a will deals with only part of the testator's estate. The Administration of Estates Act 1925 as amended and orders made under it govern the manner in which an intestate estate is to be administered, the persons entitled to inherit, and the amounts and proportions of the estate they receive. The rules relating to intestacy reflect the importance accorded to familial relationships: the surviving spouse is given the larger share of the estate.

intimidation

n.

1. The act of frightening someone into doing something. Intimidation is not in itself a crime, but it may constitute part of a crime. For example, it is a crime to have sexual intercourse with a woman if her agreement was obtained by intimidation. It is a crime to intimidate a juror or witness in relation to proceedings with which he is connected (See contempt of court). If one intimidates someone into handing over money or property, this may amount to theft, and in some cases to blackmail. There are also special statutory offences of threatening to destroy or damage someone else's property and threatening to kill someone. A person who commits a crime when intimidated by others may sometimes have a defence of *duress.

See also threat.

Under the Criminal Justice and Public Order Act 1994 it is also an offence to intimidate a person whom the offender believes to be a potential or actual witness or juror. The offender must, however, have an intention to obstruct an investigation or the course of justice although this will be presumed where it is proved that he did an act that intimidates with that intention. Similar offences exist with regard to reprisals against potential witnesses or jurors. On *summary conviction the maximum penalty is six months' imprisonment and/or a fine up to the statutory maximum of £5000, and on *indictment it is five years' imprisonment and/or an unlimited fine.

2. A tort in which A, with the intention of injuring B, either directly threatens B with some unlawful act or threatens C with an unlawful act in order to make him cause damage to B. Thus if A threatens to do an unlawful act to B's employer (C) unless he dismisses B, and C succumbs to the threat, B has an action for intimidation against A for causing the loss of his job. It is irrelevant that C was entitled to dismiss Band did not act unlawfully: the essence of the tort is A's unlawful threat. The operation of the tort in *trade disputes is limited by statute.

intoxicating liquor

For the purposes of the Licensing Act 1964, spirits, wine, beer, porter, cider (including perry), and any other fermented, distilled, or spirituous liquor.

See also licensing of premises.

intoxication

n.

The condition of someone who is drunk or under the influence of drugs. Although intoxication itself is not an offence (but see drunkenness), it is an element in a number of offences. These include *drunken driving, being found drunk in a public place, being drunk and disorderly in a public place, and being drunk in a public place while possessing a loaded firearm. It is also an offence to supply or offer to supply to a person under 18 a substance (e.g. a glue or solvent) whose fumes are likely to be inhaled by that person for the purpose of causing intoxication.

When a person is so intoxicated that he is incapable of forming the *mens rea required to be guilty of a particular crime, he is usually entitled to be acquitted if the crime is one that requires a specific intention (but not if it requires a basic intention). A crime is one of basic intent if the mens rea required does not go beyond the *actus reus of the crime (for example, rape, in which the actus reus is sexual intercourse without the woman's consent and the mens rea is intention to have sexual intercourse without her consent, or recklessness whether she consents or not). A crime is one of specific intent if the mens rea required goes beyond the actus reus (for example, theft, in which the actus reus is merely appropriating someone else's property, but the mens rea - in addition to the intention of appropriating it - requires an intention to deprive the owner of it for good). Intoxication will not be a defence, however, if the crime is one of specific intent that can be committed by being reckless and the indictment is framed in terms of recklessness. For example, if a drunken person sets fire to a building and endangers the lives of people in it, he may be guilty of destroying property being reckless as to whether life would be endangered, even though he was unaware of the risk. He could not, however, be guilty of damaging property intending to endanger life. Intoxication is not a defence if a person deliberately drinks or takes drugs in order to give himself Dutch courage to commit a crime.

intra vires

(Latin: within the powers)

Describing an act carried out by a body (such as a public authority or a company) that is within the limits of the powers conferred on it by statute or some other constituting document (such as the memorandum and articles of association of a company).

Compare ultra vires.

introductory tenancy

A tenancy granted by a local authority or housing action trust that is intended as a probationary tenancy for 12 months. This will not be a *secure tenancy until the end of the 12 months. If the landlord wishes to seek possession during the introductory tenancy, he must serve notice on the tenant, who has 14 days to seek a review. After the review has been completed, the landlord must notify the tenant of the decision and give reasons if the decision to evict stands.

invalid care allowance

A taxable benefit under the Social Security Acts, payable in certain circumstances to a person of working age who is not gainfully employed because he (or she) is regularly and substantially engaged in caring for a severely disabled relative. Those earning over £72 per week (2001) cannot claim.

invalidity benefit

A former benefit under the Social Security Acts that replaced sickness benefit after 28 consecutive six-day weeks. From April 1995 sickness and invalidity benefits were replaced by *incapacity benefit.

inventory

n.

A detailed list of assets or property. A lease of furnished premises or a contract for the sale of chattels will usually contain an inventory from which the particular items can be identified. Under the Administration of Estates Act 1925, personal representatives must produce on oath an inventory of the deceased's estate when called upon by the court (this duty is effectively discharged by lodging an Inland Revenue account).

investigation of a company

An inquiry into the running of a company made by inspectors appointed by the Department of Trade and Industry acting under Part XIV of the Companies Act 1985 or the Financial Services Act 1986. It may be ordered by the Secretary of State, on his own initiative or upon application by the shareholders or the company itself, or by the court. Such an inquiry may be held to supply company members with information or to investigate fraud, *unfair prejudice, nominee shareholders, or *insider dealing. The inspectors' report is usually published.

investigative help

See community legal service.

investment company

A public listed company with a business of investing its funds mainly in securities in order to spread investment risk and give company members the benefit derived from the management of its funds. Investment companies must give notice in prescribed form to the Companies Registry. Under the Companies Act 1985 they are subject to special provisions in relation to dividends.

invitation to treat

See offer.

invitee

n.

A person permitted to enter land or premises for a purpose in which the occupier of the land has a material interest. An example of an invitee is a customer in a shop.

See occupier's liability.

in vitro fertilization

(IVF)

See human assisted reproduction.

involuntary conduct

Conduct that cannot be controlled because one is suffering from a physical or mental condition or is acting under *duress. Involuntary conduct will often give rise to a defence of *automatism, although it may not be a defence if one is aware of one's condition or induced it oneself. Sometimes conduct may be regarded as involuntary if one is in control of one's faculties; for example, when the brakes of a car suddenly fail; this will also afford a defence to a driving offence charge.

IR35

A rule introduced with effect from 6 April 2000 that requires an individual who provides services to an employer through an intermediary (such as a limited company) to be taxed on the basis that he is an employee rather than self-employed. This requires deduction of tax at source under the PAYE (*Pay As You Earn) rules and gives less favourable treatments for the deduction of expenses than formerly.

irrebuttable presumption

See presumption.

irresistible impulse

An uncontrollable urge to do something. Irresistible impulse is not usually a defence in law and it will not afford a defence of *insanity, unless it arises out of a disease of the mind as defined by the McNaghten Rules. When, however, an impulse is irresistible in that the body reacts in an instinctive way to it, there may be a defence of *involuntary conduct. An irresistible impulse may also constitute *diminished responsibility.

See also provocation.

irretrievable breakdown

(of a marriage)

See marital breakdown; divorce.

irrevocable

adj.

Incapable of being revoked. For example, *powers of appointment may be made irrevocable. On the other hand, a testator of sound mind can revoke his will at any time.

ISA

See individual savings account.

issue

n.

1. The matter in dispute in a court action.

2. The children or other lineal descendants of a person.

3. The total of bank notes in circulation within a country.

issued capital

See authorized capital.

issue estoppel

Estoppel (*estoppel) arising in relation to an issue that has previously been litigated and determined between the same parties or their predecessors in title. The issue must be an essential element of the claim or defence in both sets of proceedings. Unlike estoppel per rem judicatam, it does not prevent fresh evidence from being introduced in relation to the issue previously determined. This type of estoppel does not arise in criminal cases and its scope in civil cases is uncertain.

itemized pay statement

The written statement that, under the Employment Rights Act 1996, an employer must provide for every employee who works eight or more hours a week, on or before each occasion wages or salaries are paid. The statement must contain the following information: (1) the employee's gross pay for the period; (2) the amounts and reason for any deductions; (3) the net amount paid; and (4) the method of calculating the net pay when different parts are calculated differently (e.g. if the pay is partly a basic wage and partly a commission or bonus payment). The statement need not contain details of fixed deductions if it contains an aggregate amount of these deductions and the employer has given the employee, either before or at the time of payment, a standing written statement of fixed deductions that contains the following particulars of each deduction: (1) the amount; (2) the intervals at which the deduction is made; (3) the purpose for which it is made. The standing statement of fixed deductions must be reissued within 12 months of its first being issued and not more than every 12 months after that and it must incorporate any amendments. An employee can apply to an *employment tribunal if his employer fails to provide the statutory statement or reason for deductions. The tribunal can order the employer to provide statements and also to refund any unexplained deductions in respect of a period up to 13 weeks before the application.

IVF

In vitro fertilization.

See human assisted reproduction.

jactitation of marriage

A false assertion that one is married to someone to whom one is not in fact married. Proceedings for jactitation were abolished by the Family Law Act 1986 but an injunction may be sought to restrain such claims being made and may be useful in preventing a presumption of marriage from arising.

Jobseeker's Agreement

An agreement that must be signed by a claimant for the *jobseeker's allowance and his Employment Service adviser. The agreement sets out any restrictions on the claimant's availability for work and outlines the type of work being sought and the plans the claimant has made for seeking work.

jobseeker's allowance

(JSA)

A taxable benefit that replaced both unemployment benefit and income support for jobseekers from 7 October 1996. Those with national insurance contributions can claim contribution-based JSA, which is paid for up to six months. Those without NI contributions can claim income-based JSA, which is payable for as long as the claimant satisfies the rules. JSA is only paid to those who are available for work, are actively seeking work, and who have signed a *Jobseeker's Agreement.

joinder of causes of action

The combination in one action of several causes of action against the same defendant. Although any number of causes of action may be joined in the first instance, the court may order that they be severed if the joinder would cause procedural difficulties.

joinder of charges

The joining of more than one charge of a criminal offence together in the same *indictment. This may be done when the charges are based on the same facts or are part of a series of offences of the same or similar character.

joinder of defendants

Mentioning two or more defendants in one count of an *indictment and trying them together. It is possible to join two or more defendants even if one of them is the principal offender and the other an accessory; if they are separately indicted, however, they cannot subsequently be tried together. Sometimes (e.g. in cases of conspiracy) it is usual to join two or more defendants; one may be convicted even if all his co-conspirators named in the count are acquitted and even though conspiracy by definition requires more than one participant. Two or more defendants may also be joined in one indictment if they are charged with different offences, if the interests of justice require this; for example, if two witnesses commit perjury in relation to the same facts in the same proceedings. Defendants who have been jointly indicted will normally only be tried by separate trials if a joint trial might prejudice one or more of them; for example, when evidence against one accused is not admissible against the other or when the prosecution wish to call one of the defendants to give evidence against another.

joinder of documents

The connecting together of two or more documents so that, jointly, they fulfil statutory requirements when one of the documents alone would be insufficient.

joinder of parties

The combination as claimants or defendants of two or more persons in a single action. Joinder may take place with the permission of the court or when separate actions would result in some common question of law or fact arising in all the actions, and all claims in the action are in respect of or arise out of the same transaction or series of transactions.

See also joinder of defendants.

joint and several

Together and in separation. If two or more people enter into an obligation that is said to be joint and several, their liability for its breach can be enforced against them all by a joint action or against any of them by individual action.

See also joint tortfeasors.

Joint Committee on Statutory Instruments

(Joint Scrutiny Committee)

A committee of both Houses of Parliament whose function is to examine most delegated legislation (particularly *statutory instruments of a general character) and to draw Parliament's attention to it on a number of specified grounds; for example, if it imposes a tax, has retrospective effect, has been unduly delayed in publication, or is badly drafted. The Committee consists of seven members appointed by each House.

Joint Scrutiny Committee

See Joint Committee on Statutory Instruments.

joint tenancy

Ownership of land by two or more persons who have identical interests in the whole of the land (Compare tenancy in common). A joint tenancy can only arise when four conditions (the four unities) are satisfied. (1) Each joint tenant must be entitled to possession at the same time. (2) The estate or interest each has in the land must be identical; each joint tenant is entitled to the whole property and has no exclusive entitlement to any separate part of it (See undivided shares). (3) Each must have the same *title to the land, i.e. their ownership must be traced from the same instrument, such as a conveyance "to A and Bas joint tenants". (4) Each joint tenant's interest must *vest at and subsist for the same time. Under a joint tenancy the right of survivorship applies: thus ownership of the entire interest in the property passes automatically on the death of one joint tenant to the survivor(s). The last survivor becomes the sole and absolute owner.

Under the Law of Property Act 1925 a distinction is made between a legal and an equitable joint tenancy. When two or more persons hold the *legal estate, they invariably hold it as joint tenants, and the right of survivorship applies. When the conveyance to them contains no words indicating that they are entitled to the property in *undivided shares (words of *severance), they hold as joint tenants in equity and the right of survivorship again applies. However, when they take distinct and separate shares, or when the equitable joint tenancy has been terminated (as by notice of severance, *partition, etc.), the equitable interest is held by them as tenants in common. However the equitable (or beneficial) interests are structured, the legal estate is always held by joint tenants as trustees upon a statutory *trust of land (Trust of Land and Appointment of Trustees Act 1996; TOLATA), and the trustees are accountable to those who hold the equitable interests - in the proportions to which they are entitled if they are tenants in common - for the property. The owners in equity have many rights under the trust of land, such as the right to be consulted and the right to occupy the property. Any joint tenant may apply to the court under section 14 of TOLATA for an order relating to the exercise by the trustees of any of their functions, including sale of the property. The court may make such order as it thinks fit.

joint tortfeasors

Two or more people whose wrongful actions in furthering a common design cause a single injury. For example, if two men searching for a gas leak both applied a naked light to a gas pipe and caused an explosion, they are joint tortfeasors. But if a single injury is caused by several people acting without a common design they are not joint, but concurrent tortfeasors. An example of concurrent tortfeasors would be two motorists in separate cars, both driving negligently and causing a collision in which a pedestrian is injured. In both cases, the injured claimant is entitled to sue any or all of the tortfeasors for his whole loss; if he obtains a judgment against one tortfeasor that is not satisfied, he may proceed against the others. A tortfeasor liable for damage may recover contribution from other tortfeasors (whether joint or concurrent) liable for the same damage.

See civil liability contribution.

joint venture

A commercial undertaking entered into by two or more parties, often by setting up a separate joint-venture company in which all partners have shares, to enable resources and skills to be shared. Joint ventures are defined in a European Commission *notice of 31 December 1994 as "undertakings which are jointly controlled by two or more other undertakings." In practice joint ventures encompass a broad range of operations, from merger-like operations to cooperation for particular functions, such as research and development, production, or distribution. A Commission notice of 23 December 1992 sets out how cooperative joint ventures are treated under the EU competition rules.

joint will

A will comprising a single document executed by two or more persons as the will of all of them. It is treated as the separate will of each testator, and probate will be granted separately on the death of each. A joint testator may revoke the will only insofar as it applies to himself. A joint will is a convenient instrument for the exercise of a power conferred on persons jointly to appoint by will (See power of appointment) but has no other practical benefit.

Compare mutual wills.

Journals

pl. n.

The authentic record of proceedings in Parliament, as opposed to the verbatim record of debates (See hansard). There are two series published annually: Journals of the House of Lords (beginning in 1509) and Journals of the House of Commons (beginning in 1547).

joyriding

n.

See abstracting electricity; aggravated vehicle-taking.

JP

See justice of the peace.

judge

n.

A state official with power to adjudicate on disputes and other matters brought before the courts for decision. In English law all judges are appointed by the Crown, on the advice of the Lord Chancellor in the case of *circuit judges and High Court *puisne judges and on the advice of the Prime Minister in the case of judges of the *Court of Appeal and the *Lords of Appeal in Ordinary. All judges are experienced legal practitioners, mostly barristers, but solicitors can be appointed if they possess the relevant *advocacy qualification. The independence of the higher judiciary is ensured by the principle that they hold office during good behaviour and not at the pleasure of the Crown (with the exception of the Lord Chancellor). They can only be removed from office by a resolution of both Houses of Parliament assented to by the Queen. Their salaries are a charge on the *Consolidated Fund and are not voted annually. Circuit judges may be removed by the Lord Chancellor for incapacity or misbehaviour. All judicial appointments are pensionable and there is a compulsory retirement age of 70 years, but this can be extended to 75 if considered to be in the public interest.

See also judicial immunity.

Compare magistrate.

judge advocate

A barrister or solicitor who advises a *court martial on questions of law. He is appointed by the Judge Advocate-General's Department or, in the case of naval courts martial, by the Judge Advocate of the Fleet. At the conclusion of the evidence the judge advocate sums up the case to the members of the court.

Judge Advocate-General's Department

A department that advises the Secretary of State for Defence and the Defence Council on matters relating to the administration of military law and reviews proceedings of army and air-force courts martial.

judge in his own cause

See natural justice.

Judges' Rules

Formerly, rules of practice drawn up by the High Court governing the questioning and charging of suspects by the police. They were replaced by a *code of practice issued under the provisions of the Police and Criminal Evidence Act 1984.

See also interrogation.

judgment

n.

1. A decision made by a court in .respect of the matter before it. Judgments may be interim (interlocutory), deciding a particular Issue prior to the trial of the case; or final, finally disposing of the case. They may be in personam, imposing a personal liability on a party (e.g. to pay damages); or in rem, determining some issue of right, status, or property binding people generally.

2. The process of reasoning by which the court's decision was arrived at. In English law it is the normal practice for judgment to be given in open court or, in some appellate tribunals, to be handed down in printed form. If the Judgment contains rulings on important questions of law, it may be reported in the *law reports.

See also enforcement of judgment; foreign judgments.

judgment creditor

The person in whose favour a court judgment is made against a debtor.

judgment debtor

A person against whom a court judgment has been entered, ordering him to pay money that he owes (the judgment debt).

See also enforcement of judgment.

judgment in default

See default.

judgment summons

A summons, issued on the application of a person entitled to enforce a judgment, that requires a judgment debtor to appear and be examined on oath as to his means. If it can be shown that the debtor had the means to pay the debt but has failed to do so the judge may make an order committing him to prison, suspended for as long as specified instalments are paid. Since the virtual abolition of imprisonment for debt, this procedure has been available only in respect of certain *maintenance orders and judgments for payment of certain taxes and state contributions.

Judicial Committee of the Privy Council

A tribunal, created by the Judicial Committee Act 1833, consisting of the Lord Chancellor, Lord President of the Council and ex-Lords President, Lords of Appeal in Ordinary, and other members of the *Privy Council who have been Lords of Appeal in Ordinary or who have held high judicial office. Certain judges of Commonwealth. countries who are Privy Counsellors are also members. The Committee's jurisdiction is to hear appeals from courts in dependent territories and those Commonwealth countries. that have retained appeals to the Privy Council since attaining independence: It also hears appeals under certain statutes. The Committee's decisions are not technically judgments but merely advice to the Crown: they do not become final until incorporated into an Order in Council (*Orders in Council). For this reason also, until 1966 dissenting opinions were not disclosed. The Committee's decisions are. not binding as precedents upon English courts but are merely of *persuasive authority.

judicial dictum

See obiter dictum.

judicial discretion

The power of the court to take some step, grant a remedy, or admit evidence or not as it thinks fit. Many rules of procedure and evidence are in discretionary form or provide for some element of discretion. In criminal cases, under the provisions of the Police and Criminal Evidence Act 1984, the court may exclude prosecution evidence if its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. The *Court of Appeal is reluctant to review the exercise of discretion by trial judges.

Date: 2015-01-29; view: 908