Her Majesty's Stationery Office 8 page

licensed conveyancer

A person, other than a solicitor, who is qualified to practise *conveyancing. Entry to this profession, which was created in 1985 in response to recommendations by the *Farrand Committee, is by examination; the level of competence required, ethics, and professional conduct are regulated by the Council for Licensed Conveyancers. The Solicitors Act 1974 makes it an offence for an "unqualified person" (i.e. a non-solicitor) to undertake conveyancing for reward, but from May 1987, the Administration of Justice Act 1985 made an exception in the case of licensed conveyancers.

licensee

n.

1. A person who has been granted a licence, most commonly used of one who has been granted a licence by a magistrates' court to sell intoxicating liquor (See licensing of premises) or one who has been granted a licence to use intellectual property, such as *patents.

2. A person with permission to do what would otherwise be unlawful. In relation to land, a licensee is one who enters land with the express or implied permission of the occupier.

See licence; occupier's liability.

licensing of premises

The granting of a justices' licence authorizing the sale by retail of *intoxicating liquor either for consumption on or off the premises (an on-licence) or for consumption off those premises only (an off-licence). Licensing justices deal with the grant, renewal, and transfer of licences at a general annual licensing meeting (the brewster sessions) in the first fortnight of every February and at regular licensing sessions thereafter.

lie in grant

To be capable of being transferred by deed. Land and interests in it lie in grant; property that can be transferred by physical delivery lies in livery.

lie in livery

See lie in grant.

lien

n.

(via Old French from Latin ligamen, a binding)

n.

The right of one person to retain possession of goods owned by another until the possessor's claims against the owner have been satisfied. The lien may be general, when the goods are held as security for all outstanding debts of the owner, or particular, when only the claims of the possessor in respect of the goods held must be satisfied. Thus an unpaid seller may in some contracts be entitled to retain the goods until he receives the price (See also unpaid vendor's lien), a carrier may have a lien over goods he is transporting, and a repairer over goods he is repairing. Whether a lien arises or not depends on the terms of the contract and usual trade practice. A lien may be waived and can be lost, for example when an owner in possession sells goods to a buyer ignorant of a third party's lien. This type of lien is a possessory lien, but sometimes actual possession of the goods is not necessary. In an equitable lien, for example, the claim exists independently of possession. If a purchaser of the property involved is given notice of the lien it binds him; otherwise he will not be bound. Similarly a maritime lien, which binds a ship or cargo in connection with some maritime liability, does not depend on possession and can be enforced by arrest and sale (unless security is given). The lien accordingly travels with the ship or cargo when possession changes, and is good against a bona fide purchaser without notice. Examples of maritime liens are the lien of a salvor, that of seamen for their wages and of masters for their wages and outgoings, that of a bottomry or respondentia bondholder (See hypothecation), and that over a ship at fault in a collision in which property has been damaged. A maritime lien is enforceable by proceedings *in rem.

See also solicitor's lien.

life assurance

Insurance (*insurance) providing for the payment of a sum on the occurrence of an event that is in some way dependent upon a human life. In endowment assurance the insurer is liable to pay a fixed sum either at the end of a fixed period or at death if the insured should die in the meantime. Whole-life assurance provides for the payment of a fixed sum on the death of the insured. Term (or temporary) assurance provides for a fixed sum to be paid in the event of the death of the insured within a specified period.

life estate

See life interest.

life imprisonment

Punishment of a criminal by imprisonment for the rest of his life. The only crime that always carries a sentence of life imprisonment is murder, but there are many crimes (e.g. arson, manslaughter, wounding with intent, and rape) that carry a maximum penalty of life imprisonment, which is imposed in serious cases, and the Crime (Sentences) Act 1997 provides for a mandatory sentence of life imprisonment for those convicted for a second time for certain of these crimes (See repeat offender). In practice the imprisonment may often not be for life: the Home Secretary may order the release of a life prisoner on licence, on the advice of the Parole Board (See parole) and after consulting the Lord Chief Justice (and, if possible, the trial judge). The Crime (Sentences) Act 1997 provides that the Parole Board has responsibility for the release of juveniles convicted of murder, rather than the Home Secretary. When imposing life imprisonment for murder, the judge may make a recommendation that the defendant should serve a minimum term (number of years), which is usually not less than 12 years and up to 35 years. This recommendation is not legally binding on the Horne Secretary, but in practice he will almost always follow it. Judges are also empowered to make a private representation to the Home Secretary, when imposing a life sentence, pointing out any special mitigating factors that might induce him to release the prisoner at an early date.

life interest

(life estate)

An interest in property subsisting only during the lifetime of the person to whom it was granted (e.g., "to A for life") or of some other person (e.g. "to A during the life of B"). The latter type is called an "estate (or interest) pur autre vie. Under the Law of Property Act 1925 a life interest in land cannot exist as a legal estate, only as an *equitable interest. Until 1997 the creation of a life interest in land created a settlement, governed by the Settled Land Act 1925. Since that date it creates a *trust of land, governed by the Trusts of Land and Appointment of Trustees Act 1996.

See settled land.

life peerage

A nonhereditary peerage of the rank of baron or baroness created by the Crown by letters patent under the Life Peerages Act 1958. The purpose of the Act was to strengthen the composition of the House of Lords, and there is no limit to the number of peerages that may be created. The peerage of a Lord of Appeal in Ordinary is also for life but is not customarily included among life peerages.

life policy

A policy providing a formal embodiment of a contract of *life assurance. The benefit of a life policy can be assigned to a third party.

lifting the veil

The act of disregarding the veil of *incorporation that separates the personality of a corporation from the personalities of its members. This exceptional course is occasionally sanctioned by statute, for example in relation to *wrongful trading or *fraudulent trading and inaccurate use of company names, when it may result in members of a limited company losing their limited liability. It is also employed by the courts, for example if incorporation has been used to perpetrate fraud or gives rise to unreal distinctions between a company and its subsidiary companies, but never so as to defeat limited liability. Very occasionally the courts openly disregard corporate personality but more often they evade its inconvenient consequences by deciding that the acts were performed by the corporation acting as agent or trustee for the company members, to whom therefore they should be attributed.

limitation of actions

Statutory rules limiting the time within which civil actions can be brought. Actions in simple contract and tort must be brought within six years of the accrual of the *cause of action (in the case of contracts, within six years of the date of the contract). In actions in respect of land and of contracts made by deed the period is 12 years from the accrual of the cause of action. Time does not run against a party under a disability until the disability ceases.

Special rules apply in the following cases. (1) If the claim is for damages for personal injury or death caused by negligence, nuisance, or breach of duty, the limit is three years from the accrual of the cause of action or (if later) from the date when the claimant knew of the relevant circumstances, but the court has a discretion to extend the period. (2) In other tort actions for negligence the period is six years from when the cause of action accrued or (if later) three years from the date when the claimant knew or should have known the material facts about the damage, but no action may be brought more than 15 years after the date of the defendant's alleged negligence. Changes in ownership of the property damaged do not extend the period. Each owner can sue but once time has started to run against one owner, it continues to run against his successors. (3) In strict liability actions for defective products (See products liability), the period is three years from accrual of the cause of action or (if later) the date when the claimant knew or should have known the material facts, but not later than ten years from when the product was put into circulation.

The present law is contained in the Limitation Act 1980, the Latent Damage Act 1986, and the Consumer Protection Act 1987.

limited administration

(special administration)

The administration of a deceased person's estate for restricted purposes specified by the court in the *letters of administration. Examples of such grants include grants *ad colligenda bona and *durante absentia and grants for the administration of an estate during the minority of a child appointed as executor by the will.

limited company

A type of company incorporated by registration under the Companies Act whose members have a limited liability towards their company. Most companies are in this category. In a company limited by *shares, members must pay the nominal value (See authorized capital) of their shares either upon *allotment or subsequently (See call). In a company limited by guarantee (a guarantee company) members must pay an agreed nominal amount (the guarantee), usually £1-£5, to their company in the event of a winding-up. The guarantee fund is intended to be for the benefit of company creditors when the company is wound up and members' liability to contribute to it cannot be reduced or extinguished by the company. Because payment of the guarantee is postponed guarantee companies often lack a working capital and are therefore more appropriate for charitable or social purposes than for trading.

The name of a limited company must end with the words "Limited" (or "Ltd."). In the case of a private company and "public limited company" (or "plc") in the case of a public company (or their Welsh equivalents; See Welsh company) as a warning to creditors of the limit upon members' liability.

See also change of name.

Compare unlimited company.

limited executor

A person appointed by a will to deal only with specified property, not the whole of the deceased's estate.

Compare limited administration.

limited liability partnership

A legally recognized entity defined under the Limited Liability Partnership Act 2000, which is capable of entering into contracts in its own right and is correspondingly liable for debts under those contracts. Any two or more persons associated for carrying on a lawful business with a view to profit: may set up such a partnership under the Act. This type of business organization is intended to combine the flexibility of a traditional *partnership with the corporate notion of limited liability. Under the provisions of the Act there is power to apply sections from both the Partnership Act 1890 and the Companies Act 1985, as appropriate, when dealing with the internal relations of the partners and limited liability, respectively. Persons intending to set up a limited liability partnership must register it with the *Companies Registry. There are also several disclosure requirements that are similar in nature to those required by companies.

limited owner

A *tenant for life or a *statutory owner of land comprised in a settlement.

limited owner's charge

An equitable charge on land securing repayment to a *limited owner of inheritance tax paid by him to the Inland Revenue on the acquisition of his interest. The tax is normally payable out of the trust property but if the limited owner pays it personally (e.g. to avoid having to sell land when the trust money is insufficient to cover the tax) the charge arises to secure his reimbursement. The charge is registrable (See registration of encumbrances).

limited partnership

See partnership.

Lincoln's Inn

An *Inn of Court situated between Carey Street and Holborn. The records of the Inn, the Black Books, survive in a continuous series from 1422 to the present. By tradition, barristers practising in the *Chancery Division of the High Court normally belong to Lincoln's Inn.

linked transaction

(under the Consumer Credit Act 1974) A transaction (except one for the provision of security) that is linked to, but not part of, a *regulated agreement (the principal agreement) and is entered into by a debtor or hirer with any other person. A linked transaction may comply with a term of the principal agreement (e.g. if the principal agreement requires that the goods be insured with X) or it may be financed by the principal agreement if the latter is a *debtor-creditor-supplier agreement. Alternatively it may be suggested by a creditor or owner to the debtor or hirer. The latter then enters into the linked transaction either to induce the creditor or owner to enter into the principal agreement, or for some other purpose related to the principal agreement, or - when the principal agreement is a *restricted-use credit agreement — for a purpose related to a transaction financed by the principal agreement.

liquidated damages

See damages.

liquidated demand

A demand for a fixed sum, e.g. a debt of £50. Such a demand is distinguished from a claim for unliquidated *damages, which is the subject of a discretionary assessment by the court.

liquidation committee

A committee set up by creditors of a company being wound up in order to consent to the *liquidator exercising certain of his powers. When the company is unable to pay its debts, the committee is usually composed of creditors only; otherwise it consists of both creditors and contributories (*contributory).

See also compulsory winding-up; voluntary winding-up.

liquidator

n.

A person who conducts the *winding-up of a company. Unless he is the *official receiver, he must be a qualified *insolvency practitioner.

See also compulsory winding-up; liquidation committee; provisional liquidator; voluntary winding-up.

lis alibi pendens

(Latin)

A suit pending elsewhere. The fact that there is already litigation pending between the same parties in respect of the same subject matter in another jurisdiction may give the defendant a ground on which he can obtain a *stay of proceedings. However, he must show that the continuance of the English action would cause an injustice to him and would not cause injustice to the claimant.

lis mota

(Latin)

A court action that has been set in motion.

lis pendens

(Latin)

A *pending action.

listed building

A building of special architectural or historic interest specified on a list compiled or approved by the Secretary of State. Listed buildings are graded according to their importance. It may be demolished or altered in character only with listed-building consent granted by the local planning authority (See town and country planning) or the Secretary of State.

See also building preservation notice; conservation area.

listed company

A company that has satisfied the listing rules of the *Stock Exchange and whose shares may therefore be quoted and traded on the Listed Market. Listed companies are subject to continuing obligations of disclosure to the Stock Exchange.

Listed Market

See stock exchange.

lists

pl. n.

Calendars of cases awaiting trial. A court may maintain several lists comprising different types of case. Thus in the High Court there is the Queen's Bench nonjury list, the jury list, the *short cause list, etc. A case enters the list after it has been allocated for trial.

literal rule

See interpretation of statutes.

litigant

n.

A person who is a party to a court action. A litigant may present his case personally to the court. If he does so, he may be assisted by a friend who can take notes and advise but cannot assist in the actual presentation of the case (a McKenzie friend). Alternatively, a litigant may be represented by a *barrister or, where appropriate, a *solicitor. A successful litigant can usually claim his legal *costs from his opponent. If the litigant did not have legal representation he may claim costs for the work he has done himself that would otherwise have been carried out by a lawyer.

litigation

n.

1. The taking of legal action by a *litigant.

2. The field of law that is concerned with all contentious matters.

litigation friend

An adult responsible for the conduct and cost of legal proceedings instituted on behalf of, or against, a child or a mentally disordered person. Before the introduction of the Civil Procedure Rules in 1999 such a person was called a next friend.

See also official solicitor.

lives in being

See rule against perpetuities.

livestock

See classification of animals.

living apart

The condition required to establish *desertion or separation as evidence that a marriage has irretrievably broken down (See divorce). A couple may be living apart for divorce purposes even when living under the same roof, if they are living in separate households. In order to satisfy this test, all form of common life between the parties must have ceased.

living instrument

See instrument.

living memory

The period over which the recollection of living people extends.

Compare legal memory.

living on immoral earnings

Using money obtained from prostitution for one's livelihood or upkeep. It is an offence punishable by up to seven years' imprisonment for a man (but not for a woman) to knowingly live on the proceeds of female prostitution. The offence is normally committed by a man who lives with a prostitute and is wholly or mainly kept by her or by a man who runs a *brothel or in any other way forces or helps a prostitute to commit prostitution. In all these cases he is assumed to be knowingly living on her immoral earnings unless he can prove that he is not. The offence also covers supplying goods or services that relate only to prostitution (e.g. advertising for pay the names and addresses of prostitutes or driving them and their clients to places where they might have intercourse). The offence does not include selling ordinary items to prostitutes or renting them accommodation (unless this is used only for prostitution or a higher rent is charged because they are prostitutes). It is also an offence for either a man or a woman to knowingly live on the proceeds of male prostitution, and it is an offence for one woman to force another into prostitution or to aid her prostitution for financial gain.

living together

See cohabitation.

LJA

See Lord Justice of Appeal.

Lloyd's

A society of *underwriters that was incorporated by Act of Parliament in 1871. Originally Lloyd's only provided marine insurance but they now also provide other kinds. The *insurance is undertaken by syndicates of private underwriters (names), each of which is managed by a professional underwriter; since 1992 limited companies have been allowed to become names. Each name underwrites a percentage of the business written by the syndicate and has to deposit a substantial sum with the corporation before being admitted as an underwriter. The public deals with the underwriters only through Lloyd's brokers.

loan capital

Money raised by a company issuing *debentures. The aggregate amount borrowed by the company with each issue is sometimes referred to as stock.

loan creditor

A creditor of a company, such as a person who holds redeemable *loan capital issued by the company. For the purposes of tax law, loan creditors (other than banks) are participators in close companies (*close company).

local Act

See Act of Parliament.

local authority

A body of councillors elected by the inhabitants of a local government area (See franchise) to exercise local government functions. In England (except *Greater London and the metropolitan county areas) county areas are governed either by *county councils and *district councils (in a two-tier system) or by unitary authorities (single-tier system) (See *unitary authority); this mixed system of local government was introduced between 1996 and 1998, which resulted in the reorganization of some local government areas. There are in addition *parish councils for parishes with 200 or more electors. In Wales the local authorities are the county council, the county borough council, and the *community council. The Welsh county and county borough councils are unitary authorities.

All councillors are elected for four years. County councillors are elected every fourth year counting from 1981, and parish and community councillors every fourth year from 1979. Metropolitan district councillors are elected by thirds, one in each year other than a former county council year, and other district councillors according to whether their council has opted for this method or for simultaneous election in every fourth year from 1979. A candidate for election to any local authority must be over 21 and a commonwealth citizen or citizen of the Republic of Ireland, must have sufficient local connection (e.g. residence, local employment, or voting rights), and must not be disqualified (e.g. by reason of being a bankrupt or holding paid employment under the authority).

Local authorities and children

Local authorities have statutory responsibilities for children in their area. The Children Act 1989 requires local authorities to provide services for *children in need so that wherever possible they may be brought up by their own families, thus avoiding the need for instituting care proceedings. The Act specifies certain services that local authorities must provide. These include: appropriate day care provision for under fives and after school and holiday activities for children of school age; advice, guidance, and counselling; home help; transport or assistance with travel expenses in order to use any of the services provided and assistance with holidays; and family centres for all children in their area. Local authorities are also under a duty to provide accommodation for children whose parents are unable to do so (See voluntary accommodation). An important objective of the Children Act is to promote the provision of these services as positive help for children in need. Emphasis is placed on the need for local authorities and families to work in partnership and often on the basis of written agreements. Local authorities also have a duty to investigate when they suspect that children in their area are being ill treated or neglected. If their suspicions are confirmed they must apply for a *care order, an *emergency protection order, or a *supervision order, as appropriate (See also section 47 enquiries). In relation to adoption, local authorities are obliged to maintain an *adoption service and to report to the court in respect of non-agency adoption applications.

local government

A form of government in which responsibility for the regulation of certain matters within particular localities (*local government areas) is delegated by statute to locally elected councillors (See local authority).

local government area

An area constituting a unit for local government purposes. The local government areas in England (except *Greater London) are the *county, the *district, and the *parish. In certain parts of England unitary authorities (*unitary authority) replaced nonmetropolitan county and district councils between 1996 and 1998, which resulted in the reorganization of some local government areas. In Wales the areas are the county, the county borough, and the *community; counties and county boroughs, which are administered by unitary authorities, replaced the two-tier system of counties and districts in April 1996.

local government boundary commissions

Two bodies established by the Local Government Act 1972 to undertake regular reviews of local government areas in England and Wales, respectively, and to propose alterations designed to improve the effectiveness and convenience of local government. Under the Local Government Act 1992 they were replaced by the *Local Government Commission for England and the Local Boundary Commission for Wales.

Local Government Commissioners

See Commissions for Local Administration.

Local Government Commission for England

A body, established under the Local Government Act 1992, consisting of a Chairman and Chief Executive appointed by the Secretary of State for the Environment; the Chairman is empowered to appoint staff. The Commission was charged with the review of *local government areas in accordance with the directions of the Secretary of State. It can recommend structural changes - the replacement in any nonmetropolitan area of the two principal tiers of local government with a single tier (See unitary authority); boundary changes; and electoral changes, such as changes in the number of councillors of the council for that area and the name of the area.

local land charge

See land charge; registration of encumbrances.

local land charges register

See registration of encumbrances.

local laws

Laws applying in only one locality, such as the area of a local authority (See byelaw). In 1996 the Law Commission published a four-volume Chronological Table of Local Legislation to help those wanting to find out whether a local Act has been passed that affects them or their property. The table lists all 26,500 or so local Acts passed since 1797 and states whether or not they are in force and how they have been amended.

local lottery

See lottery.

lock-out agreement

A contract between a potential purchaser and the vendor of a property in which the vendor agrees that for a fixed period, such as two weeks, he will take the house off the market and not accept any other offers. Meanwhile the purchaser moves towards a quick *exchange of contracts, with the aim of securing the sale within that period. If the vendor breaches the agreement by accepting another offer, he can be sued for *breach of contract. Many vendors will not accept such agreements and some lawyers have argued they are unenforceable.

locus sigilli

(Latin: place of the seal)

See deed.

locus standi

(Latin: a place to stand)

The right to bring an action or challenge some decision. Questions of locus standi most often arise in proceedings for *judicial review.

lodger

n.

A person who is given occupation of part of a house in return for rent, where the premises remain under the close control of the owner. A lodger normally has a mere *licence rather than a tenancy.

loitering

n.

See sus law.

London

See city of London; Greater London.

London Assembly

A component of the *Greater London Authority, created by the Greater London Authority Act 1999, consisting of 25 members, of whom 14 are *Constituency Members and 11 are *London Members. The principal functions of the Assembly are to review and investigate actions and decisions of the *Mayor of London and to submit proposals to the Mayor. It may amend the Mayor's budget and it provides members to serve on the Metropolitan Police Authority, the London Fire and Emergency Planning Authority, and the London Development Agency.

London borough

See greater london.

London Development Agency

A body created by the Greater London Authority Act 1999 to further the economic development of London, by promoting business efficiency and investment.

London Members

Members of the *London Assembly who jointly represent the "Londonwide" constituency. The 11 London Members are elected every four years in May by voters in London, at the same time as *Constituency Members and the *Mayor of London are elected.

long tenancy

For statutory purposes, a fixed-term tenancy (*fixed term) for a period exceeding 21 years. Where the rent is less than two-thirds of the property's rateable value, the tenancy is excluded from being an *assured tenancy. However, it will qualify for special protection if it would have been a *protected tenancy had the rent not been a low one. This allows the tenant to continue the tenancy beyond the fixed term. In such cases, if the landlord wishes to terminate the tenancy at the end of the fixed term, he must serve a statutory notice at least 6 months, but not more than 12 months, before the end of the tenancy. In this notice he can either propose a *statutory tenancy (the terms of which must be agreed with the tenant or settled by a court) or he can claim the right to resume possession of the premises. In the latter case he must have statutory grounds for possession, which correspond to those required for possession of a protected tenancy. If the tenant contests this notice, the landlord must apply for a court order for possession. If this is refused, the tenant will be entitled to a statutory tenancy. Long tenancies made after the coming into force of the Housing Act 1988 are not protected in this way because no new protected tenancies can be made after that date.

Date: 2015-01-29; view: 721