Lord Chief Justice 18 page

right to buy

See secure tenancy.

right to education

A right set out in Article 2 of the First Protocol to the European Convention on Human Rights and now part of UK law as a consequence of the *Human Rights Act 1998. It is limited to primary and secondary education and does not create a duty to fund or subsidize private education. The right includes a duty to respect the religious and philosophical convictions of the parents regardless of whether or not the child is in the state sector.

right to life

A right set out in Article 2 of the European Convention on Human Rights and now part of UK law as a consequence of the *Human Rights Act 1998. The right to life does not make the use of the death sentence unlawful (but see capital punishment). Article 2 makes unlawful the use of lethal force where the use of force was greater than that which was absolutely necessary (this is a higher test than imposed by section 3 of the Criminal Law Act 1967). The right to life also imposes a duty on public authorities to take reasonable measures to protect life from threats from third parties. Article 2 also imposes a duty to ensure that any investigation of a death caused by a public body is independent and effective.

right to marry

A right set out in Article 12 of the European Convention on Human Rights and now part of UK law as a consequence of the *Human Rights Act. The right is not a particularly strong one; it only exists subject to the national laws governing the exercise of this right.

riot

n.

An offence committed when 12 or more persons, present together, intentionally use or threaten unlawful violence (See violent disorder) for a common purpose. The collective conduct must be such as would have caused a reasonable person to fear for his safety, though no-one else need be present. A person is only guilty of riot if he intended to use violence or was aware that his conduct might be violent. The offence of riot is found in the Public Order Act 1986, though it can be committed in private as well as in public places. It replaces the common-law offence of riot and is punishable with up to ten years' imprisonment and/or a fine. Under the Riot (Damages) Act 1886, when property has been destroyed, damaged, or stolen in the course of a tumultuous riot, the owner is entitled to compensation out of public funds.

See also affray.

road

n.

For purposes of offences relating to road traffic, any *highway or other route to which the general public has access. A road must be a route leading from one place to another, and this is always a question of fact. It may include a hotel forecourt, a road privately owned but to which the public has access, or a bridge over which a road passes, but a car park is usually not regarded as a road. Some traffic offences are defined to cover roads and "other public places".

road rage

Aggressive behaviour while driving motor vehicles on roads. Although there is no specific road rage offence, such behaviour may involve breach of other laws. If the aggressor causes injury he may face a conviction for *dangerous driving or for some other similar offence.

road tax

A tax (formally called vehicle excise duty) that must be paid in respect of any mechanically propelled vehicle used, parked, or kept on a public road. It is an offence to fail to pay it. Electrically propelled vehicles and invalid vehicles do not have to be taxed, and no tax is required when a motorist is driving to and from a prearranged *MOT test. It is also an offence to fail to display a tax disc showing that the vehicle has been taxed, unless one has applied for a new disc before the old one expired and it is within 14 days from the date of expiry. The tax disc must be displayed on the nearside lower corner of the windscreen. Failure to pay road tax or display the tax disc is punishable by fine, but is not subject to endorsement.

road traffic accidents

If an accident has been caused by the presence of a motor vehicle on a road and results in injury to anyone or damage to anyone else's vehicle or to property on the road or neighbouring land (e.g. someone's garden wall), it is an offence for the driver of the vehicle not to stop, unless he can show that he did not know that the accident happened. It is also an offence to refuse to give one's name and address to anyone who reasonably requires it (e.g. a police officer or another driver or pedestrian involved in the accident), unless one reports the accident to the police as soon as possible (not later than 24 hours after it occurred). If a person has been injured in a road accident, it is an offence not to produce one's certificate of insurance (See third-party insurance) for a police officer or anyone else with reasonable grounds for asking for it, unless one reports the accident to the police not later than 24 hours after it occurred and, at the same time or within five days, produces the certificate of insurance at any police station one specifies.

See also accident record book.

Failure to stop after an accident or give particulars is an endorsable offence (carrying 5-10 penalty points under the totting-up system (*totting up)) and is subject to a *fine at level 5 on the standard scale and to discretionary *disqualification.

robbery

n.

The offence of using force against any person, or putting them in fear of being subjected to force, in order to commit a theft, either before the theft or during the course of it. It is also robbery to threaten to use physical force in these circumstances, even if the person threatened is not frightened by the threats. The degree of force required is a question of fact in each case to be decided by the jury; nudging someone so that he loses his balance may constitute sufficient force. The force must, however, be directed against the person, rather than his property. Robbery and assaults with intent to rob are punishable by a maximum sentence of life imprisonment.

rogatory letter

See letter of request.

rolled-up plea

A form of the defence of *fair comment in an action for defamation. If the words complained of contain a mixture of statements of fact and comment, the defendant may plead that "the said words in so far as they consist of allegations of fact are true in substance and in fact, and in so far as they consist of expressions of opinion they are fair comments made in good faith and without malice upon the said facts, which are a matter of public interest". The defendant must give particulars of which words he alleges are statements of fact and of the circumstances he relies on to show that the words are true.

Romalpa clause

See retention of title.

Rome Treaty

See treaty of rome.

root of title

The document from which an owner of unregistered land traces his ownership. A good root must be at least 15 years old, deal with the whole legal and beneficial ownership of the land, describe it sufficiently to identify it, and cast no doubt on the title. A vendor must supply and the purchaser must accept such a root unless their contract provides otherwise.

rout

n.

An old public-order offence approximating to *riot.

royal assent

The agreement of the Crown, given under the *royal prerogative and signified either by the sovereign in person or by royal commissioners, that converts a Bill into an *Act of Parliament or gives a Measure (See Church of England) the force of an Act. It is the duty of the Clerk of the Parliaments to endorse the date on which it was given immediately after the long title.

royal prerogative

The special rights, powers, and immunities to which the Crown alone is entitled under the common law. Most prerogative acts are now performed by the government on behalf of the Crown. Some, however, are performed by the sovereign in person on the advice of the government (e.g. the dissolution of Parliament) or as required by constitutional convention (e.g. the appointment of a Prime Minister). A few prerogative acts (e.g. the granting of certain honours, such as the Order of the Garter) are performed in accordance with the sovereign's personal wishes.

The Crown has limited powers of legislating under the prerogative, principally as respects the civil service and UK dependent territories. It does so by Order in Council, ordinance, letters patent, or royal warrant. The dissolution and prorogation of Parliament and the granting of the royal assent to Bills take place under the prerogative. Originally the fountain of justice from which the first courts of law sprang, the Crown still exercises (through the Home Secretary) the *prerogative of mercy and retains the right (through the Attorney General) to stop a prosecution by entering a *nolle prosequi. In foreign affairs, the sovereign declares war, makes peace and international treaties, and issues passports under the prerogative. Many appointments (e.g. the higher judiciary, archbishops, and diocesan bishops) are made under the prerogative, and a variety of honours, including new hereditary peerages, are conferred by the Crown as the fountain of honour. The sovereign is head of the armed forces, and, although much of the law governing these is now statutory, their disposition generally remains a matter for the prerogative. There is a prerogative power, subject to the payment of compensation, to expropriate or requisition private property in times of war or apprehended war. Miscellaneous prerogative rights include the rights to *treasure trove and to *bona vacantia. An important immunity of the sovereign is the prerogative of perfection. The common-law maxim that "the King can do no wrong" resulted in the complete immunity of the sovereign personally from all civil and criminal proceedings for anything that he or she might do. This personal immunity remains, but actions may now be brought against the Crown under the Crown Proceedings Act 1947 (See Crown proceedings).

If a statute confers on the Crown powers that duplicate prerogative powers, the latter are suspended during the existence of the statute unless it either abolishes them or preserves them as alternative powers.

royal proclamation

A document by which the sovereign exercises certain prerogative powers (e.g. the summoning and dissolution of Parliament) and certain legislative powers conferred on her by statute (e.g. the declaration of a state of emergency; See emergency powers).

royal title

See queen.

royalty

n.

A sum payable for the right to use someone else's property for the purpose of gain. Royalties are paid on *wasting assets, which have a limited lifespan. For example, the royalty paid by a licensee to mine someone's land is a fixed sum per tonne of the mineral he extracts, and an author's royalty is similarly determined by the total number of his books the publisher sells. Royalties are paid generally for the licensing of *intellectual property.

RSC

See Rules of the Supreme Court.

rule against bias

See natural justice.

rule against double portions

A rule designed to ensure, as far as possible, equality between children entitled under a settlement and under a will, both made by the same person. Thus if a father promises to pay substantial sums of money to certain of his children to advance them and at his death the money has not been paid, but the children (together with others) are entitled to legacies under his will, the payment of the legacies and the moneys due under the settlement will be considered together. Thus if an advancement of £10,000 and a legacy of £5000 are due to one son and a legacy of £10,000 is due to another son, the first son will not receive his legacy, to ensure equality between the children.

See hotchpot.

rule against inalienability

A rule that prevents property from being rendered incapable of transfer within the perpetuity period, i.e. a life presently existing plus a period of 21 years. A gift that prevents transfer within this period is void. The rule is similar to the *rule against perpetual trusts.

rule against perpetual trusts

The rule that prohibits noncharitable trusts from lasting beyond the perpetuity period, i.e. a lifetime presently existing plus a period of 21 years. A trust that may last beyond that period is void.

Compare rule against inalienability; rule against perpetuities.

rule against perpetuities

(rule against remoteness of future vesting) A rule developed by the *common law to enable a court to declare void any future or postponed interest in property that might possibly vest (i.e. become enjoyable as of right) outside the perpetuity period. This comprises (1) the lifetimes of persons mentioned (or mentioned by implication) in the disposition who are alive at that time and whose existence governs the timing of the vesting of the future interest (the relevant lives in being), plus (2) 21 years, plus (3) (in the case of a posthumous beneficiary) any actual period of gestation. The period runs from the date of execution of the deed or, if the disposition is contained in a will, from the death of the testator. The purpose of the rule is to prevent land being tied up for an indefinite period, which would hinder its ultimate disposal.

The common law rules relating to perpetuities have been supplemented (though not replaced) by the Perpetuities and Accumulations Act 1964. When a disposition would otherwise be void under the common law rules, the Act allows a period in which one can wait and see whether the interest will in fact vest within the perpetuity period; only if it becomes clear that it cannot do so will the disposition be void. For these purposes, the perpetuity period is varied in that the Act provides a new list of lives in being (the statutory lives in being). The Act also provides for a fixed perpetuity period unrelated to lives.

rule against remoteness of future vesting

See rule against perpetuities.

rule in Saunders v Vautier

Saunders v Vautier, rule in

(from the case Saunders v Vautier (1841))

A rule under which the beneficiaries of a trust, if of full age (18), sound mind, and between them wholly entitled to the trust property, may direct the trustees to end the trust and transfer the trust property to themselves as beneficiaries absolutely.

rule of law

1. The supremacy of law.

2. A feature attributed to the UK constitution by Professor Dicey (Law of the Constitution, 1885). It embodied three concepts: the absolute predominance of regular law, so that the government has no arbitrary authority over the citizen; the equal subjection of all (including officials) to the ordinary law administered by the ordinary courts; and the fact that the citizen's personal freedoms are formulated and protected by the ordinary law rather than by abstract constitutional declarations.

rules of court

Rules regulating the practice and procedure of a court, usually made by a rule committee acting under a statutory power.

See also Civil Procedure Rules; Crown Court rules.

Rules of the Supreme Court

(RSC)

Formerly, rules governing the practice and procedure of the *Supreme Court of Judicature. The rules were made under a statutory power by the Supreme Court Rule Committee, a body appointed by the *Lord Chancellor and comprising himself, the *Master of the Rolls, the heads of the Divisions of the High Court, and four practitioners. The Rules were revoked in 1999 by the *Civil Procedure Rules, which have re-enacted some of the rules of the RSC.

running-account credit

(under the Consumer Credit Act 1974)

A facility under a *personal-credit agreement that enables a debtor to receive periodically from the creditor or a third party cash, goods or services to an amount or value that does not exceed the *credit limit (if any), taking into account payments made by or to the credit of the debtor. Examples are bank overdrafts and credit cards. The credit provided will be taken not to exceed £25,000 and the agreement will be a consumer-credit agreement if the credit limit does not exceed £25,000. The Act specifies three situations in which running-account credit will not exceed £25,000 in cases in which there is no credit limit or, if there is, it exceeds £25,000.

running days

See lay days.

running with the land

See covenant running with the land.

Rylands v Fletcher, rule in

rule in Rylands v Fletcher

A principle of strict liability for dangerous things accumulated on land that escape from the land and cause damage. It was first stated in the case Rylands v Fletcher (1868). in which the defendant had a reservoir built on his land that caused flooding of the claimant's mine. The accumulation of dangerous things must constitute a non-natural use of the land. A use is non-natural in . modern law if it is a special use creating an abnormal risk of damage. The occupier of the land is liable for damage caused by an escape if the damage is of a kind that is a reasonably foreseeable consequence of the escape. subject to the defences of common benefit. act of a stranger. statutory authority. consent of the claimant. default of the claimant. or act of God.

s.

(pl. ss.)

The recognized abbreviation used in citing a particular section of a statute. as in "s. 4". "ss. 70-73".

Sabbath

n.

See sunday trading.

sabotage

n.

Damage to or destruction of property. especially the property of an employer during a strike or of the state for political reasons. Sabotage as such is not an offence. although it may be treated as *criminal damage. The courts have. however. interpreted the phrase "prohibited place" in the Official Secrets Act 1911 to bring sabotage against the state within the scope of that Act. even though it is clear that Parliament's intention was only to prohibit spying.

See official secrets.

safe haven

A zone of territory within a sovereign state demarcated by the United Nations (or other international organization) as a refuge to which a persecuted *ethnic minority can choose to retire. While within such a zone the ethnic minority is afforded military protection by the body that established the zone. The international community set up safe havens in Iraq and the former Yugoslavia in response to acts of systematic persecution carried out by the government of the sovereign state concerned against part of its own population.

See also humanitarian intervention.

safety at work

Every employer has a common-law duty to take reasonable care for his employees' health. safety. and welfare at work: he may be sued in the courts for damages if an employee is injured through the employer's negligence or failure to observe the safety regulations. The employer cannot contract out of this liability and. under the Employers' Liability (Compulsory Insurance) Act 1969. must insure against his liability for employees' injuries and diseases sustained or contracted at work. The Health and Safety at Work Act 1974 further requires employers to ensure. as far as is reasonably practicable. that their working methods. equipment. premises. and environment are safe and to give such training. information. and supervision as will ensure their employees' health and safety (See Health and Safety Commission). Anyone employing more than five persons must maintain a written statement of his general policy concerning his employees' health and safety (dealing. for example. with safety rules and protective clothing) and must keep them informed of it. He must also give relevant information to the *safety representatives of his employees' trade unions and establish a *safety committee where appropriate.

The Employment Act 1989 contains legislation for the protection of female workers. It is prohibited to employ women in a factory within four weeks of childbirth; to employ women in a range of processes involving lead or lead compounds; and to employ women in a range of processes in the pottery industry. There are also restrictions on women working on ships and aeroplanes during pregnancy.

Employees also have a duty to take reasonable care for their own health and safety. for example by complying with safety regulations and using protective equipment supplied to them. Employers and employees who fail to comply with the requirements of the Health and Safety at Work Act 1974 face prosecution in the criminal courts. An employee dismissed for health and safety reasons is under certain circumstances regarded as having been unfairly dismissed. It is also regarded as automatically unfair to select an employee for redundancy on certain grounds connected with health and safety.

safety committee

A committee that, under the Health and Safety at Work Act 1974, an employer must establish within three months after a written request from at least two employees' *safety representatives. The employer must consult with the safety representatives as to the composition of the committee and must also display a notice in his premises informing his employees of its composition and the workplaces it covers. The *code of practice published by the Health and Safety Commission suggests that safety committees' responsibilities should include monitoring accidents and disease occurring in the workplace and developing improved safety rules and systems of work and training of employees with regard to safety.

safety representatives

Employees appointed by trade unions to represent the interests of their colleagues regarding their health, safety, and welfare at work. Regulations made under the Health and Safety at Work Act 1974 give a trade union recognized as having negotiating rights on behalf of a group or class of employees the right to appoint at least one of those employees as a safety representative. The representatives' statutory powers include the investigation of accidents and industrial diseases occurring at the workplace and inspection of the premises to determine their causes. The employer must allow them time off work with pay to train for and perform their duties and to attend meetings of *safety committees.

See also disclosure of information.

sale

n.

A contract involving the *sale of goods or a similar contract involving the transfer of land.

sale by description

A contract of sale of goods containing words identifying its subject matter, e.g. 1000 tonnes of Western White Wheat. Even when the subject matter of the contract is physically ascertained at the time of contracting, e.g. a particular motor car, the contract may contain words of description or identification. The goods delivered must match their description in the contract; otherwise the seller is in breach of an *implied condition of the contract and the buyer, if he acts promptly, may reject the goods.

sale by sample

A contract of sale of goods made on the basis that the bulk of goods to be delivered to the buyer will match a sample submitted by the seller. If the bulk does not match the sample the seller is in breach of an *implied condition of the contract and the buyer may reject the goods. The seller must give the buyer a reasonable opportunity of comparing the bulk with the sample and the goods must be free from any defect making them unmerchantable that would not be apparent on reasonable examination of the sample.

sale of goods

A contract by which a seller transfers or agrees to transfer the ownership of goods to a buyer in exchange for a money price. If ownership is to pass at a future time the contract is called an agreement to sell. The contract, which need not be in writing, may contain *express terms. Terms may also be implied by law (See also implied condition); for example, that the seller has a right to sell, that the goods correspond with the description under which they are sold, and that the goods are of *satisfactory quality and are reasonably fit for the buyer's purpose. Unless the parties agree otherwise the seller must hand over the goods in exchange for the price and the buyer must pay the price in exchange for the goods. Much of the law governing the sale of goods is codified in the Sale of Goods Act 1979.

sale on approval

See sale or return.

sale or return

(sale on approval)

The delivery of goods to a person on terms that allow him to keep the goods for a time before he decides whether or not to buy them. Unless otherwise agreed, such a person becomes the owner if he signifies his approval of the goods or carries out any other act adopting the transaction. He will also become the owner if he retains the goods beyond the time fixed for their return, or, if no time has been fixed, beyond a reasonable time.

salvage

n.

The service rendered by a person who saves or helps to save maritime property. Salvage may be the subject of an express agreement. In the absence of any agreement, a salvor is entitled by law to an award (also known as salvage), which is assessed by the court and payable out of the salvaged property, if he shows that the property was in real danger and that he acted with some skill and in a purely voluntary capacity. The award can also take account of the saving of life, but this alone gives no claim to an award as there is no property saved out of which payment can be ordered. The rules apply equally to aircraft. However, no award of salvage may be made unless the ship or aircraft is on or over the sea or tidal waters. Property saved in a nontidal river cannot be subject to a salvage claim.

salvage of trust property

A power that existed before 1926 for the court to authorize a payment for preserving (or salvaging) trust property (e.g. repairing buildings) even though the document creating the trust did not permit such payment. A wider power was given by statute in 1925, under which the court can authorize any transaction that is expedient.

sanction

n.

1. A *punishment for a crime.

See nulla poena sine lege.

2. A measure taken against a state to compel it to obey international law or to punish it for a breach of international law. It is often said that international law is deficient because it lacks the power to impose sanctions or even to compel states to accept the jurisdiction of courts (See International Court of Justice). There are, however, certain sanctions that can be applied. A state may, in certain cases, use force in self-defence, or as a sanction against an act of aggression, or as a reprisal (for example, by expropriating property belonging to citizens of a country that had previously carried out unlawful acts of expropriation). It may also act by way of *retorsion. There are also certain powers of sanction available under the United Nations system, such as economic (and, at least in theory, military) sanctions, although the powers of the Security Council to impose sanctions are subject to veto.

See also angary.

Sanderson order

See bullock order.

sanity

n.

See presumption of sanity.

sans recours

(without recourse to me) A stipulation that the drawer or an endorser of a *bill of exchange may add to his signature, thus repudiating his liability to the holder. If the bill is dishonoured, the holder has no recourse to the drawer or endorser who has made such a stipulation.

SARs

(Substantial Acquisition Rules)

Rules, administered by the Panel on Takeovers and Mergers, governing the acquisition of substantial shareholdings in public companies.

See City Code on Takeovers and Mergers; concert party; dawn raid.

satisfaction

n.

1. The fulfilment of a claim.

See also accord and satisfaction.

2. A doctrine of equity under which an obligation is discharged by payment, performance, or some similar act. The doctrine applies when the acts of a settlor are unclear. If the settlor discharges his obligation by an act different from that required, the obligation is said to be satisfied provided that the act he does is a sufficient substitute for the act he is charged to do. Thus if he owes a debt and leaves a legacy of the same or a greater amount to the creditor, the creditor is satisfied. Closely analogous to satisfaction are cases in which payment of a legacy is satisfied by payment of a *portion and one legacy is satisfied by payment of another (See ademption): in these cases, however, there is no prior obligation owed by the settlor.

satisfactory quality

An *implied condition that goods sold in the course of business will meet the standard that a reasonable person would regard as satisfactory. In assessing this, account is taken of any description of the goods, the price (if relevant), and all other circumstances. The quality of goods includes their state and condition, taking account of their fitness for purpose, appearance and finish, freedom from minor defects, safety, and durability. Most commercial agreements exclude the implied conditions and replace them with express warranties (*warranty), although unreasonable exclusions in standard-form contracts, even between two businesses, may be void under the law relating to *unfair contract terms. Satisfactory quality replaced the term merchantable quality by the Sale and Supply of Goods Act 1994, with effect from 3 January 1995.

Date: 2015-01-29; view: 747