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See also rejection of offer; revocation of offer.

larceny

n.

Formerly (before 1969), *theft. Larceny was more limited than theft and required an asportation (carrying away of the property).

latent ambiguity

See ambiguity.

latent defect

See defect.

law

n.

1. The enforceable body of rules that govern any society.

See also common law; natural law.

2. One of the rules making up the body of law, such as an *Act of Parliament.

Law Commission

A body established by the Law Commissions Act 1965 to take and keep the law under review with a view to systematically developing and reforming it. In particular, it considers the codification of the law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, a reduction in the number of separate enactments, and simplification and modernization generally. The Commission consists of a chairman and four other members, appointed by the Lord Chancellor from among the holders of judicial office, barristers, solicitors, and academic lawyers. There is a separate Commission for Scotland.

Law Lords

See Lords of Appeal in Ordinary.

law merchant

The international practice of merchants relating to commercial and maritime matters. In early times it influenced Admiralty law and the law administered in local courts. Parts of the law merchant were absorbed into the common law of England (e.g. that relating to negotiable instruments and the transfer of bills of lading).

law officers of the Crown

The *Attorney General, *Solicitor General, *Lord Advocate, Solicitor General for Scotland, and Attorney General for Northern Ireland.

law of nations

See international law.

law of the sea

The rules of international law governing rights over the seas. The seas are divided into several different areas.

(1) The internal waters of a state (e.g. rivers, lakes, ports, and harbours). A state may usually apply its laws to any merchant ship within its internal waters. It may also apply navigation or health regulations to foreign warships in such waters and exclude foreign warships from its ports.

(2) The *territorial waters.

(3) The *high seas, beyond the territorial waters, which are open to all nations for such purposes as navigation, fishing, laying of submarine cables, and over-flying. Ships on the high seas are usually subject only to international law (for example, in relation to acts of piracy) and the law of the flagstate (usually dependent on registration in that state). There is also a limited right of *hot pursuit.

(4) The *continental shelf, which - although geographically part of the high seas - is subject to specific rules.

The law of the sea is contained in customary international law and in the four Geneva Conventions of 1958. Since 1982, when the United Nations Convention on the Law of the Sea came into force, there is a comprehensive code governing the whole of this law, which includes some completely new rules. To date (2001), 135 countries have established their consent to be bound by this Convention; the UK acceded to the treaty on 25 July 1997. In addition, many nations have subscribed to the related 1994 Agreement Regarding the United Nations Convention on the Law of the Sea. Even though some states chose not to ratify the 1982 Convention, many of the Convention's principles have now passed into the corpus of customary international law.

Law Reform Committee

A body established by the Lord Chancellor to consider particular areas of law that may need reform.

law reports

Reports of cases decided by the courts, comprising a statement of the facts of every case and the reasons the court gave for judgment. The earliest reports were contained in the Year Books, which were published annually between 1283 and 1535. Their authors were anonymous and may have been student lawyers. The Year Books were superseded by personalized reports, i.e. reports written privately by lawyers (e.g. Chief Justice Coke) who appended their names to them. In 1865 was established the Incorporated Council of Law Reporting, a semiofficial body that publishes TheWeekly Law Reports (formerly Weekly Notes). These are reports of important cases selected by the Council, written by lawyers, and approved by the judges involved. There are in addition still a number of commercially published reports, e.g. the All England Law Reports, but the Court of Appeal and the House of Lords will cite the reports of the Incorporated Council in preference to other reports where there is a choice.

law sittings

See sittings.

Law Society

The professional body for solicitors in England and Wales, incorporated by royal charter in 1831. The Society exists both to further the professional interests of solicitors and to discharge important statutory functions in relation to the admission to practice, the conduct, and discipline of solicitors. It issues annual *practising certificates to solicitors, without which they may not practise, and through its disciplinary committee may strike a solicitor's name off the roll or take other disciplinary action, subject to an appeal to the High Court. The Society is responsible for the examination of intending solicitors and organizes educational and training courses both through the College of Law and recognized universities.

lay days

(lying days)

The number of days specified in a charterparty to enable the charterer to load or discharge cargo. They begin to run as soon as the ship is an arrived ship, i.e. has reached the berth or mooring specified in the charterparty. If only a port is specified, the ship must have reached a position within that port at which it is at the immediate and effective disposition of the charterer (the Reid test). The charterparty may provide for the payment of dispatch money when the charterer saves days in loading or discharging the cargo. Unless the charterparty provides otherwise (e.g. by restricting them to good-weather working days), lay days are running days, i.e. they run consecutively, without any break.

See also demurrage.

laying an information

Giving a magistrate a concise statement (an information), verbally or in writing, of an alleged offence and the suspected offender, so that he can take steps to obtain the appearance of the suspect in court. Information can be laid by any member of the public, although it is usually done by the police. If an arrest warrant is required, the information must be in writing and on oath. Objections cannot normally be made to information laid, on the grounds of formal defects or discrepancies between it and the prosecution's subsequent evidence. But if the defect is fundamental to the charge the information will be dismissed, and if the defendant was misled by a discrepancy, he may be granted an adjournment of the trial.

LCJ

See lord chief justice.

leader

n.

A *Queen's Counselor any barrister who is the senior of two counsel appearing for the same party.

Leader of HM Opposition

The leader in the House of Commons of the party in opposition to the government that has the greatest numerical strength in the House. By statute a salary is payable to him (in addition to his salary as an MP); any doubt as to his identity is resolved by the Speaker.

Leader of the House

See house of commons; house of lords.

lead evidence

To call or adduce evidence.

leading case

A case, the legal reasoning in which establishes an important principle of law.

See precedent.

leading question

A question asked of a witness in a manner that suggests the answer sought by the questioner (e.g. "You threw the brick through the window, didn't you?") or that assumes the existence of disputed facts to which the witness is to testify. Leading questions may not be asked during *examination-in-chief (except relating to formal matters, such as the witness's name and address) but may normally be asked in *cross-examination.

leapfrog procedure

1. (House of Lords) The procedure for appealing direct to the House of Lords from the High Court or a Divisional Court, bypassing the Court of Appeal. The procedure is only allowed in exceptional cases. All parties must consent and the case must raise a point of law of public importance, which either relates wholly or partly to the interpretation of a statute or of a statutory instrument or is one in respect of which the trial judge is bound by a previous decision of the Court of Appeal or the House of Lords. The trial judge must certify that he is satisfied as to the importance of the case and the House of Lords must give permission to appeal in this way.

2. (Court of Appeal) The procedure by which a High Court judge or the Master of the Rolls may transfer an appeal from a decision of a district judge or master to the Court of Appeal. Under the Access to Justice Act 1999 and the *Civil Procedure Rules, which substantially revised *appellate jurisdiction in the civil courts, such an appeal would normally be to a circuit judge or a High Court judge. However, if the appeal is considered to raise an important point of principle or practice, or if there is some other compelling reason for the Court of Appeal to hear it, it may be transferred.

lease

n.

A contract under which an owner of property (the *landlord or lessor) grants another person (the *tenant or lessee) exclusive possession of the property for an agreed period, usually (but not necessarily) in return for rent and sometimes for a capital sum known as a *premium. Unless it satisfies the conditions for a *parol lease, a lease must be made by a formal document (a *deed), which is itself called a lease. If this is not done, however, there may still be an *agreement for a lease. The lessee must have exclusive possession, i.e. the right to control the property and to exclude everyone else from it (subject to any rights of entry or re-entry reserved to the landlord). If possession is not exclusive, there is no lease but there may be a *licence. A lease must be for a definite period, which may be a *fixed term or by way of a *periodic tenancy.

See also equitable lease; legal lease.

The deed that creates the lease sets out the terms, which include the parties. the property, the length of the lease, the rent, and other obligations (covenants), particularly concerning repairs, insurance, and parting with possession. Certain covenants are implied in all leases (though the lease may vary or exclude them). In the case of the lessor these are:

(1) not to derogate from his grant (i.e. he must not do anything that would make the property unfit for the purpose for which it was let);

(2) *quiet enjoyment; and, in certain cases,

(3) to ensure that the premises are *fit for habitation.

In the case of the tenant, the implied covenants are:

(1) to pay the rent;

(2) to pay all ordinary rates and taxes;

(3) not to commit *waste; and

(4) to use the property in a tenant-like manner, i.e. to do the sort of small maintenance jobs that any reasonable tenant would be expected to do (he is not, however, responsible for *fair wear and tear or other disrepair that is not his fault).

See also assignment; covenant to repair.

leasehold

adj.

Held under a *lease, i.e. for a period of fixed minimum duration.

See term of years absolute.

leasehold ownership

Ownership of property under a *lease. The period of ownership depends on the terms of the lease; it may vary from a very short time, such as a week, to a very long period, such as 999 years. The tenant's ownership is also restricted by the terms of the lease. Under the Leasehold Reform Act 1967, holders of long leases (over 21 years) for houses may have a statutory right to purchase the freehold or extend the existing lease by 50 years (See enfranchisement of tenancy). The Leasehold Reform Act 1993 granted a similar right to leaseholders of flats.

leasehold valuation tribunal

A body that handles disputes over service charges and over the purchase of leasehold property by tenants holding long leases; it also appoints managers of leasehold properties when the landlords' managers are not acceptable. Leasehold valuation tribunals started operating in 1997.

leave

n.

Permission given by the court to take some procedural step in litigation. Situations in which permission is required include *service out of the jurisdiction and appeals to higher civil courts (See appellate jurisdiction). Some items of evidence may be admissible only upon permission being granted by the trial judge.

leave to defend

An order of the High Court on a summons for *summary judgment, granting the defendant leave to continue with his defence to the action. The leave may be conditional (e.g. subject to the defendant paying the whole or part of the claimant's claim into court) or unconditional.

legacy

n.

A gift of personal property effected by will (Compare devise). A general legacy is a gift of property not identifiable with a specific asset or fund; for example, a simple legacy of "£1000 to A" or "my shares to B". A specific legacy is a particular identifiable object, for example a named painting. It is liable to *ademption but is otherwise payable by the deceased's personal representatives in priority to general legacies. A demonstrative legacy is payable from a specified fund; for example, "£500 from the £1000 kept under my bed". Such a legacy is not adeemed if the testator disposes of the fund during his lifetime and is payable in priority to general legacies. Pecuniary legacies (i.e. gifts of cash) carry interest from one year after the testator's death. A residuary legacy is one that disposes of the whole of the testator's personal property after payment of debts and specific, demonstrative, and general legacies.

legal aid scheme

A scheme under the Legal Aid Act 1988 whereby the payment of legal costs was made out of public funds for those unable to meet the costs themselves, provided that the person qualified under the financial and merits tests laid down under the scheme. There were separate provisions for civil and criminal cases. Civil legal aid had two components: legal advice and assistance (sometimes known as the *green form scheme) and legal aid. Under the former, payment was made to qualified lawyers under the scheme who provided legal advice and help preliminary to litigation. Under legal aid, payment was made for the provision of legal advice and assistance at all stages of litigation, including appeals. In criminal cases, the court determined whether or not legal aid was granted and made a legal aid order if it considered legal aid desirable in the interest of justice.

The legal aid scheme was replaced in April 2000 by the *Community Legal Service. Under this new scheme of legal aid and assistance, the green form scheme was replaced by the legal help scheme and legal aid was replaced by full representation; there are, in addition, intermediate levels of service.

legal assignment

See assignment.

legal easement

See easement.

legal estate

Ownership of land or an interest in land either in *fee simple absolute in possession or for a *term of years absolute. Under the Law of Property Act 1925 these are the only forms of ownership that can exist as legal estates in land. All other forms, e.g. life interests and entailed interests, are equitable only.

legal fiction

See fiction.

legal fraud

See constructive fraud.

legal help

See community legal service; green form.

legal lease

A contract or grant that creates an estate in land for a *term of years absolute. A legal lease must normally be created by deed; however, there are no formal requirements for the creation of a legal lease for a term that takes effect in possession and does not exceed three years at a full market rent without a premium. Under the Law of Property Act 1925, the *assignment of a legal lease of whatever duration must be effected by deed, otherwise it may only take effect as a contract to assign the term. A legal lease for more than 21 years must be registered at the Land Registry (See land registration).

Compare equitable lease.

legal memory

The period over which the law's recollection extends. Its commencement was arbitrarily fixed at 1189 by the Statute of Westminster I 1275. Time before legal memory is referred to as time immemorial.

Compare living memory.

legal mortgage

See mortgage.

legal person

A natural person (i.e. a human being) or a *juristic person.

legal rights

1. Rights recognized by the common law courts, as distinct from *equitable rights or interests recognized by the Court of Chancery. In their developed form, legal rights affect everyone whether or not they know (or ought to know) of their existence (hence the expression "legal rights bind the world").

2. Generally, all rights recognized by the law (both common law and equity) as having legal existence and effect, as distinguished from moral rights.

legal separation

See judicial separation order.

Legal Services Commission

See community legal service.

Legal Services Ombudsman

An official, appointed by the Lord Chancellor under the Legal Services Ombudsman (Jurisdiction) Order 1990, who is responsible for hearing complaints against solicitors, barristers, and licensed conveyancers made by their professional bodies.

legal year

The period made up, in any year, of the four court *sittings.

legatee

n.

The person to whom a *legacy is given.

legislation

n.

1. The whole or any part of a country's written law. In the UK the term is normally confined to *Acts of Parliament, but in its broadest sense it also includes law made under powers conferred by Act of Parliament (See delegated legislation), law made by virtue of the *royal prerogative. and Measures (See Church of England).

2. The process of making written law.

legislature

n.

The body having primary power to make written law. In the UK it consists of Parliament, i.e. the Crown, the House of Commons, and the House of Lords.

legitimacy

n.

The legal status of a child born to parents who were married at the time of his conception or birth (or both). (See also legitimation.) There is a presumption of legitimacy in all cases when the mother is married, so that children of the marriage are presumed to be the offspring of the mother's husband. This may be rebutted, however, either by showing that the husband was impotent or absent on the date on which the child must have been conceived or by *blood tests showing that he could not be the father. Children born of a voidable marriage annulled since 1949 are legitimate; those born of such a marriage annulled between 1937 and 1949 are legitimate only if the grounds of nullity were that the other spouse was of unsound mind or epileptic or suffering from a communicable venereal disease. Since 1959, children born of a void marriage are treated as legitimate if at the time of their conception or insemination at least one of their parents reasonably thought the marriage was valid and the father was domiciled in England at the time of the child's birth. The Family Law Reform Act 1987 provides that a child conceived, by a party to a marriage, through artificial insemination by a donor, is to be treated as a legitimate child of that marriage. Under certain conditions (specified in the Family Law Act 1986) a person may seek a court declaration of his legitimacy.

See also illegitimacy.

legitimate aim

A prerequisite for interference with a *qualified right as set out in the European Convention on Human Rights; a signatory state will be able to interfere with a qualified right only if that interference is designed to pursue a legitimate aim and the interference is a proportionate one (See proportionality). Legitimate aims include national security, public order, the prevention of crime, etc.

legitimation

n.

The process of replacing the status of illegitimacy by that of legitimacy. A living child may be legitimated if his parents marry one another, provided that the father is domiciled in England or Wales at the date of the marriage. Evidence that the husband recognized the child as his own may be sufficient to establish his paternity for purposes of legitimation. Legitimation takes effect from the date of the marriage and the child is treated thereafter as if he had been born legitimate. Under the Family Law Act 1986, a person may seek a court declaration that he is a legitimated person.

lessee

n.

The person to whom a *lease is granted.

See also tenant.

lessor

n.

The person by whom a *lease is granted.

See also landlord.

letter of attorney

See power of attorney.

letter of credence

(lettre de creance) A formal document by which the head of an accredited state presents its newly appointed diplomatic agent to the head of state of the host country.

letter of credit

A document whereby a bank, at the request of a customer, undertakes to pay money to a third party (the beneficiary) on presentation of documents specified in the letter (e.g. bills of lading and policies of insurance). The obligation of the bank to pay is independent of the underlying contract of sale and so is not affected by any defects in the goods supplied under the contract of sale. A contract of sale of goods may require the buyer to open an irrevocable letter of credit in favour of the seller. This cannot be revoked by the issuing bank or the purchaser of the goods before its expiry date, without the consent of the beneficiary. A confirmed letter of credit is one in which the negotiating bank guarantees payment to the beneficiary should it not be honoured by the issuing bank.

letter of request

(rogatory letter, letter rogatory) A letter issued to a foreign court requesting a judge to take evidence from a specific person within that court's jurisdiction. The resulting *deposition may be read at a subsequent court hearing.

letters of administration

Authority granted by the court to a specified person to act as an *administrator of a deceased person's estate when the deceased dies intestate. Letters of administration cum testamento annexo (with the will annexed) are granted when the deceased's will does not appoint executors or when the executors named do not prove the will. In certain circumstances, letters of administration may be granted for limited purposes to persons not entitled to deal with the whole estate (See ad colligenda bona; durante absentia).

See also de bonis non administratis.

lex causae

(Latin: the law of the case)

In *private international law, the system of law (usually foreign) applicable to the case in dispute, as opposed to the *lex fori.

lex domicilii

(Latin)

The law of *domicile. In *private international law, the law of the country of domicile determines such matters as capacity to make a will in respect of personal property, the validity of such a will, succession to personal property, consent to marriage, and the proper law of a marriage contract or settlement (See proper law of a contract).

lex fori

(Latin)

The law of the *forum. In *private international law, the law of the forum governs matters of procedure, the mode of trial, most matters relating to evidence, the nature of the remedy available, and most matters of *limitation of actions based on time bars.

lex loci actus

(Latin)

The law of the place where a legal act takes place. In *private international law, this law governs such questions as whether or not property in a bill of exchange or promissory note passes to the transferee and the formal validity of an assignment of an intangible movable (e.g. a share in a trust fund).

See also lex loci celebrationis; lex loci contractus.

lex loci celebrationis

(Latin)

The law of the place of celebration of a marriage. In *private international law, this law governs such questions as the formalities required for a marriage (subject to four special exceptions), whether or not such a marriage is monogamous or polygamous, and possibly what law governs impotence or wilful refusal to consummate a marriage.

lex loci contractus

(Latin)

The law of the place where a contract was made. In *private international law, this law governs such matters as the formal requirements of a contract and the capacity to incur liability as a party to a bill of exchange. Most other matters relating to contracts are governed by the *proper law of the contract.

lex loci delicti commissi

(Latin)

The law of the place in which a delict (tort) is committed. In *private international law as applied in most countries in Europe, this law governs liability for torts. In some cases, however, it may be difficult to establish where the tort was committed (for example, when goods negligently manufactured in one country are distributed in another) or the place may be a matter of mere chance (for example, when an aeroplane crashes and lands). For these reasons, England does not accept the theory that liability in tort is governed by the lex loci delicti.

lex loci situs

(Latin)

The law of the place where an object is situated. In *private international law, this law usually governs such matters as succession to, title to, and the right to possession of immovables and the essential validity of trusts of immovables (for example, what estates can be created and whether or not gifts to charities are valid).

lex loci solutionis

(Latin)

The law of the place where a contract is to be performed or a debt is to be paid. In *private international law as applied in England, the lex loci solutionis governs the due date for payment of a *bill of exchange but does not usually govern matters relating to the law of contract.

liability

n.

1. An amount owed.

2. A legal duty or obligation.

See business liability; occupier's liability; parents' liability; products liability; strict liability; vicarious liability.

libel

n.

A defamatory statement made in permanent form, such as writing, pictures, or film (See defamation). Radio and television broadcasts, public performance of plays, and statements posted on the Internet are treated as being made in permanent form for the purposes of the law of defamation. A libel is actionable in tort without proof that its publication has caused special damage (actual financial or material loss) to the person defamed. Libel can also be a crime (criminal libel). Proof of publication of the statement to third parties is not necessary in criminal libel and truth is a defence only if the statement was published for the public benefit.

liberty and freedom from arbitrary detention

A right set out in Article 5 of the European Convention on Human Rights and now part of UK law as a consequence of the *Human Rights Act 1998. All detentions must be prescribed by law and detentions must only be for one of the specified purposes set out in Article 5. Those detained must promptly be given reasons for their detention and then at regular intervals have access to a court to test the lawfulness of their continued detention. Those remanded in custody pending a criminal trial must be released on bail unless their detention is justified and they shall be entitled to trial within a reasonable time. There is an enforceable right to compensation for unlawful detention.

licence

n.

1. Formal authority to do something that would otherwise be unlawful. Examples include a *driving licence, a licence for selling intoxicating liquor (See licensing of premises), and a licence by the owner of a patent to manufacture the patented goods.

2. (in land law) Permission to enter or occupy a person's land for an agreed purpose. A licence does not usually confer a right to exclusive possession of the land, nor any estate or interest in it: it is a personal arrangement between the licensor and the licensee. A bare licence (i.e. gratuitous permission to enter or occupy the licensor's land) can be revoked at any time and cannot be assigned by the licensee to a third party (See bare licensee). A contractual licence cannot be revoked during the period the parties intended it to last. Neither type is by itself binding on third parties acquiring the land from the licensor. However, if the licence is coupled with a grant of property or of an interest in land, the licence may be irrevocable and binding on the licensor's successors in title. For example, if A grants to B the right to catch and remove fish from water on his land, a licence to enter A's land to take up this *profit à prendre is necessarily implied and will be irrevocable for the duration of the profit. The profit, as a legal interest over A's land, will bind A's successors in title, as will the licence that is irretrievably bound up with it. A bare or contractual licence may become irrevocable by the licensor or binding on a third party acquiring the land from the licensor if the circumstances give rise to a proprietary *estoppel or a *constructive trust.

Date: 2015-01-29; view: 842