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Lord Chief Justice 21 page

share capital

See capital.

share certificate

A document issued by a company evidencing that a named person is a company member and stating the number of shares registered in his name and the extent to which they are paid up (See call). A company can be precluded by *estoppel from denying its accuracy. The certificate must normally be produced on a *transfer of shares.

Compare share warrant.

share premium

The amount by which the price at which a share was issued exceeds its nominal value (See authorized capital). Share premiums must be credited by the company to a share premium account, which is subject to the rules relating to *reduction of capital and can only be used for certain purposes, e.g. paying up bonus shares (See bonus issue).

share transfer

A document transferring registered shares, i.e. shares for which a *share certificate has been issued, usually on a stock transfer form. A share transfer in proper form must usually be delivered to the company before it places the transferee's name on the register of members (Stock Transfer Act 1963).

See also transfer of shares.

share warrant

A document issued by a company certifying that the bearer is entitled to the shares specified in it. The name of the bearer will not appear on the register of members until he surrenders the warrant to the company in return for transfer of the shares (*transfer of shares), but he may be regarded as a company member under the provisions of the articles of association. The company is contractually bound to recognize the bearer as shareholder.

Compare share certificate.

sheriff

The principal officer of the Crown in a county. In relation to the administration of justice, his (or her) functions (in practice discharged by the under-sheriff) include the execution of *process issuing from criminal courts, levying forfeiture of *recognizances, and the *enforcement of judgments of the High Court by writs of fieri facias, possession, and delivery.

sheriff's interpleader

See interpleader.

shifting use

(secondary use)

Formerly, a *use that operated to terminate a preceding use. For example, if property was given to X to the use of A, but then to the use of B when C paid £100 to D, B had a shifting use, which arose when C made the specified payment.

ship

For the purposes of the Merchant Shipping Act 1894(which provides among other things for the registration of British ships), any vessel used in navigation and not propelled by oars. The officially required registration of ships is set out in the Merchant Shipping (Registration, etc.) Act 1993: a central register of British ships is kept. For the purposes of ownership, a British ship is notionally divided into 64 shares. Each share may be in different ownership, but no share may be in the ownership of an alien or a foreign company. Co-owners will commonly appoint a ship's husband or managing owner to manage the ship. The definition of "British ship" in the Merchant Shipping Act 1988, in relation to fishing rights, has been challenged under EU law (See fishery limits; quota).

shipwreck

See wreck.

shock

See nervous shock.

shoplifting

Dishonestly removing goods from a shop without paying for them. Shoplifters could be charged with *making off without payment under the Theft Act 1978, but it is more usual to charge them with *theft under the Theft Act 1968. It is not legally necessary to remove the goods from the shop precincts in order to be guilty of shoplifting, but in practice it is advisable to wait until the accused has left the shop before stopping him, as it is then easier to prove the intention to steal (See also arrest). A cashier in the shop who deliberately rings up a lower price than the true price may be guilty of aiding and abetting theft.

short cause list

A list of cases for hearing for which the trial is expected to last less than four hours.

short committal

See committal for trial.

short notice

A lesser period of notice of a company meeting than that required by law. In the case of an *annual general meeting it may be agreed by all members entitled to attend and vote at it; for other meetings 95% of the shareholders must agree. There are strict requirements for the details to be given for short notice and service of the notice.

short title

See Act of Parliament.

SIB

See Securities and Investment Board.

sickness benefit

A former state benefit payable for 28 weeks to those who did not qualify for *statutory sick pay. It was replaced by *incapacity benefit in April 1995.

sic utere tuo ut alienum non laedas

(Latin)

Use your own property in such a way that you do not injure other people's: a maxim often used in cases of nuisance. It is misleading, since only an unreasonable interference with a neighbour's property is actionable as a nuisance.

signature of treaty

The formal and official affixing of names to the text of a *treaty by the representatives of the negotiating states. either as a means of expressing the definitive consent of the state to be bound by the terms of the treaty or as an expression of provisional consent subject to *ratification. acceptance. or approval.

signature of will

See execution of will.

silence

See right of silence.

silk

See Queen's Counsel.

similar-fact evidence

Evidence that a party, especially the accused, has on previous occasions misconducted himself in a way similar to the misconduct being alleged against him in the proceedings before the court. The evidence frequently takes the form of a *previous conviction. In general, the prosecution may not offer similar-fact evidence as part of its case unless it can be shown to be relevant to an issue before the jury, for example by rebutting some defence advanced by the accused. Thus. if a person charged with fraud contends that he was honestly mistaken, the fact that he has committed similar frauds on previous occasions may be admissible. The judge may in his discretion exclude otherwise admissible similar-fact evidence under section 78 of the Police and Criminal Evidence Act 1984 if he considers that it would have an adverse effect on the fairness of the proceedings.

simple contract

parol contract

(simple contract, parol contract)

Any *contract other than one made by *deed.

sine die

(Latin)

Without a date. To adjourn a case sine die is to adjourn it without setting a date for a future hearing.

single administrative document

SAD

(single administrative document, SAD)

A single document declaring an import into an EU state. This is an improvement on the system it replaced. in which many documents were required before a product could be imported into the EU.

Single European Act

The legislation passed in 1986 in the European Community (in force from 1 July 1987) that committed all member states to an integrated method of trading with no frontiers between countries by 31 December 1992. It was the first Act to amend the principles of the Treaty of Rome. In practice, some of its terms on harmonization. such as the insurance market, have taken considerably longer to implement. The main creation of the Single European Act is the *Single Market for trading in goods and services within the EU.

Single Market

The concept that underlies trading in the European Union. as codified in the *Single European Act 1986. The Single Market came into force on 1 January 1993 with between 90% and 95% of the necessary legislation enacted by all member countries. The measures covered by the legislation include: the elimination of frontier controls (the full measures have been repeatedly delayed); the acceptance throughout the market of professional qualifications; the acceptance of national standards for product harmonization; open tendering for public supply contracts; the free movement of capital between states; a reduction of state aid for certain industries; and the harmonization of VAT and excise duties throughout the market.

single-member company

See private company.

single-union agreement

A collective agreement within a company or establishment that recognizes only one *independent trade union for the purposes of *collective bargaining. The selection of the union to be recognized for this purpose is frequently now based on the so-called *beauty competition. This agreement does not restrict the rights of individual employees to belong to a union of their choice or not to belong to a union. However, their only access to collective bargaining is through the single union.

sittings

pl. n.

(in the *Supreme Court) The four periods of the legal year during which the full range of judicial business is transacted. The sittings are Michaelmas, Hilary, Easter, and Trinity. Sittings were substituted for *terms by the Judicature Act 1873.

See also vacations.

slander

A defamatory statement made by such means as spoken words or gestures. i.e. not in permanent form. Generally slander is only actionable on proof that its publication has caused special damage (actual financial or material loss), not merely loss of reputation. Proof of special damage is not necessary when the slander implies the commission of a criminal offence punishable by imprisonment, infection with a contagious disease, unchastity in a woman, or is calculated to disparage a person in his office, business, trade, or profession.

See defamation.

slander of goods

(disparagement of goods)

A false statement. made maliciously, that disparages the quality of goods manufactured and sold by the claimant. It is a form of the tort of *malicious falsehood. In order to be actionable, the statement must allege some specific defect in the claimant's goods. A mere assertion by a rival trader that his goods are better is not sufficient, even if the claim was false and malicious.

slander of title

A false statement, made maliciously. that impugns a vendor's title to sell property. It is a form of the tort of *malicious falsehood.

slavery

The prohibition on slavery or forced labour as set out in Article 4 of the European Convention on Human Rights is now part of UK law as a consequence of the *Human Rights Act 1998. There are exceptions to this prohibition for prisoners. military service, normal civic obligations, and in emergencies.

slip rule

The rule permitting the correction of clerical mistakes arising from any accidental slip or omission in judgments or orders. Such errors can be corrected at any time by the court on application without an appeal.

small agreement

1. (under the Consumer Credit Act 1974) A regulated *consumer-credit agreement for credit not exceeding £50, other than a hire-purchase or conditional-sale agreement. or a regulated *consumer-hire agreement that does not require the hirer to make payments exceeding £50. In both cases the agreement is either unsecured or secured by a guarantee or indemnity only. Some small agreements are outside certain provisions of the Act.

2. (under the Competition Act 1998) An agreement in which the parties are exempt from the imposition of penalties (fines) for anticompetitive practices. Section 39 of the Act provides the exemption, and the Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000 defines an anticompetitive agreement as "small" when both parties to it have a total turnover of under £20M. However, no exemption applies for a price-fixing agreement. Moreover, small agreements are not exempt from other provisions of the 1998 Act, and thus restrictive clauses in them may still be void.

small claims track

The track to which a civil case is allocated when the claim is for an amount of no more than £5000 (See allocation). Before the introduction of the *Civil Procedure Rules in 1999, small claims were automatically referred to arbitration. However, a small claims hearing retains most of the aspects of the former procedure: the hearing is informal and in public, is based on a paper adjudication with the parties' consent, and there are generally no experts and no costs.

Despite the limit of £5000, with the approval of the court parties may consent to use the small claims track even if their claim value exceeds £5000.

SMEs

Small and medium enterprises: businesses having fewer than 500 employees and a share capital or business capital of less than 75M euros. SMEs are encouraged by the European Commission through various aid programmes.

smuggling

The offence of importing or exporting specified goods that are subject to customs or excise duties without having paid the requisite duties. Smuggled goods are liable to confiscation and the smuggler is liable to pay treble their value or a sum laid down by the law (whichever is the greater); offenders may alternatively, or additionally, receive a term of imprisonment.

Social Chapter

The section of the Treaty of Rome (European Community Treaty; Articles 117-121) that reflects the agreement of member states with respect to the social policies issues of the European Union. The objectives of the Social Chapter are to promote employment, improve living and working conditions, establish dialogue between management and workers by means of works councils, implement proper social protection, and develop human resources with a view to lasting high employment. The social provisions include unpaid *parental leave for new parents and the principle of *equal pay for male and female workers for equal work. The British government finally agreed to the incorporation of these social aims and objectives into the main body of the founding Community Treaty in 1997 with the signing of the *Amsterdam Treaty. This has led to the adoption of a number of measures, including the implementation of unpaid parental leave and *European Works Councils and new rights for part-time workers (who are now entitled to be treated no less favourably than comparable full-time workers in their contractual terms and conditions).

social fund

A fund established under the Social Security Act 1986 to meet special needs of individuals who are entitled to benefit from it (e.g. by cold-weather payments). It is under the control of the Social Fund Commissioner, who appoints social fund officers to administer it and reports to the Secretary of State for Work and Pensions (formerly Social Security). Cold-weather payments are paid (to those entitled) for any consecutive seven-day period when the temperature averages 0° C or below. Other benefits from the social fund include interest-free budgeting loans and crisis loans, maternity and funeral payments, and community-care grants. Loans are repayable by deductions from social security benefits received by the loan recipients or their partners.

social inquiry report

A report prepared by a probation officer and made to a criminal court to assist it in deciding what "sentence to impose on a convicted person. The report gives details of the person's background, family, home circumstances, relationships, attitudes, job situation, and prospects. It is based on interviews with the accused person and his family and friends. The report gives the probation officer's opinion on the suitability of particular kinds of sentence; for example, how well the accused would be likely to respond to an order for community service.

social policy rule

See interpretation of statutes.

Social Security Appeal Tribunal

A tribunal that hears appeals from decisions by adjudication officers on claims for social security benefits (See national insurance). Such tribunals are subject to the supervision of the *Council on Tribunals; appeal against their decisions on a point of law can be made to a Social Security Commissioner.

sodomy

See buggery.

soft law

(in international law)

Guidelines of behaviour, such as those provided by treaties not yet in force, resolutions of the United Nations, or international conferences, that are not binding in themselves but are more than mere statements of political aspiration (they fall into a legal/political limbo between these two states). Soft law contrasts with hard law, i.e. those legal obligations, found either in treaties (*treaty) or customary international law (See custom), that are binding in and of themselves.

software

Computer programs, which are protected by *copyright under the Copyright, Designs and Patents Act 1988. EU Directive 91/250 on the legal protection of computer programs provides that all member states must protect computer programs by copyright law. The directive also provides a right to make back-up copies of software and a very limited *decompilation right. A right to repair is also included, unless a software licence prohibits this. The UK implemented the directive by the Copyright (Computer Programs) Regulations 1992.

soldier's will

See privileged will.

solemn form

See probate.

sole solicitor

A solicitor who is the sole principal of a practice, rather than one who practises in partnership with others.

soliciting

1. The offence by a prostitute of attempting to obtain prospective clients in a street or public place. It is punishable by a *fine at level 2 on the standard scale on a first conviction and at level 3 on a subsequent conviction. Any act committed by the prostitute (even smiling provocatively) may constitute soliciting, but an advertisement inviting men to visit her is not soliciting. "Street" is widely defined to include roads, lanes, bridges, courtyards, alleyways, passages, etc., open to the public, as well as doorways and entrances of houses on the street, and ground adjoining and open to the street. If a prostitute in a private house attracts the attention of men in the street (for example by tapping on the window and inviting them in, or even merely by sitting at the window illuminated by a red light), this may be considered soliciting "in a street".

2. The offence by a man of persistently accosting a woman in a public place for the purpose of prostitution (See also kerb crawling) or persistently accosting anybody in a public place for immoral purposes. "Persistently" requires either a number of single invitations to different people or more than one invitation to the same person.

solicitor

A legal practitioner admitted to practice under the provisions of the Solicitors Act 1974. Solicitors normally take a three-year law degree at university, then a one-year legal practice course and examination at a law college, followed by two years as an employee under a training contract (previously called articles of clerkship), after which they are admitted as solicitors. Those taking a nonlaw degree spend two years at law college, taking a common professional examination in the first year. Practising solicitors must possess a *practising certificate. Solicitors form much the larger part of the English legal profession (Compare barrister), undertaking the general aspects of giving legal advice and conducting legal proceedings. They have *rights of audience in the lower courts but may not act as advocates in the Supreme Court (except in chambers) or the House of Lords unless they have acquired a relevant *advocacy qualification under the terms of the Courts' and Legal Services Act 1990. A solicitor may be sued for professional negligence and owes the duties of a *fiduciary to his client; these include the duty to preserve the confidentiality of the client's affairs.

solicitor and own client basis of costs

A basis of *assessment of costs on which is calculated the sum that a privately represented client must pay his own solicitor. On this basis, all costs are allowed provided that they are of a reasonable amount and have not been unreasonably incurred.

Solicitor General

A law officer of the Crown immediately subordinate to the *Attorney General. The Solicitor General is usually a Member of Parliament of the ruling party. He acts as deputy to the Attorney General and may exercise any power vested by statute in the latter (unless the statute otherwise provides) if the office of Attorney General is vacant or the Attorney General is unable to act through illness or has authorized him to act.

Solicitors' Disciplinary Tribunal

A tribunal established under the Solicitors Act 1974 for hearing applications and complaints against solicitors. It has the power to strike the name of a solicitor off the roll and to restore the name of a solicitor previously struck off, suspend a solicitor from practice, and order the payment of a penalty. The members of the tribunal are practising solicitors of not less than ten years' standing and some lay members. They are appointed by the *Master of the Rolls. Appeals from decisions of the tribunal can be brought to the High Court of the Master of the Rolls.

See also Office for the Supervision of Solicitors.

solicitor's lien

The right of a solicitor to retain papers or property of his client as security for the payment of his costs. There are two types of lien: a retaining lien, i.e. a right to retain property already in his possession until he has been paid costs due to him: and a lien on property recovered or preserved, i.e. a right to ask the court to direct that personal property recovered under a judgment obtained by his exertions stand as security for his costs of the recovery. By statute the second type of lien has been extended to confer upon the court the power to make a *charging order over real and personal property recovered or preserved in proceedings by the solicitor.

Solicitors Practice Rules

Rules, made by the Council of the *Law Society with the agreement of the *Master of the Rolls, for regulating the professional practice, conduct, and discipline of solicitors. The power to make the rules is conferred by the Solicitors Act 1974.

sovereign

See Crown.

sovereign immunity

The exemption of the sovereign or other head of a foreign state and foreign governmental departments from the jurisdiction of the English courts. The principles governing this exemption are now contained in the State Immunity Act 1978 and are consistent with the European Convention on State Immunity. The immunity granted is no longer absolute; it is subject to numerous exceptions outlined in the Act. Subject to modifications, the Diplomatic Privileges Act 1964 extends to foreign sovereigns the same privileges and immunities as are granted to heads of diplomatic missions. It is now clear under English law that such immunity does not apply to former heads of state who are alleged to have committed crimes against humanity.

sovereignty

Supreme authority in a state. In any state sovereignty is vested in the institution, person, or body having the ultimate authority to impose law on everyone else in the state and the power to alter any pre-existing law. How and by whom the authority is exercised varies according to the political nature of the state. In many countries the executive, legislative, and judicial powers of sovereignty are exercised by different bodies. One of these bodies may in fact retain sovereignty by having ultimate control over the others. But in some countries, such as the USA, the powers are carefully balanced by a constitution. In the UK sovereignty is vested in Parliament (See sovereignty of parliament).

In international law, it is an essential aspect of sovereignty that all states should have supreme control over their internal affairs, subject to the recognized limitations imposed by international law. These limitations include, in particular, the international law of *human rights and the rules forbidding the use of force. However, no state or international organization may intervene in matters that fall within the domestic jurisdiction of another state. The concept of state sovereignty was outlined, among other things, in a declaration on Principles of International Law (Resolution 2625), proclaimed by the General Assembly of the United Nations in 1970.

sovereignty of Parliament

The constitutional principle that the legislative competence of Parliament is unlimited. No court in the UK can question its power to enact any law that it pleases. In practice, however, Parliament does not assume unlimited authority; it can legislate only for territories that are recognized by international law to be within its competence, i.e. the UK, the Channel Islands and the Isle of Man, and UK dependencies. The *Welsh Assembly, *Scottish Parliament, and *Northern Ireland Assembly have devolved power in certain areas.

SPC

See summons production centre.

Speaker

See house of commons; lord chancellor.

special administration

See limited administration.

special agent

See agent.

special business

Business that can only be transacted at a general meeting if its general nature has been specified in the notice convening the meeting.

See annual general meeting; extraordinary general meeting.

special case

1. A statement of facts agreed by the parties to a civil action and directed by the court to be tried at a different time from that of the trial of the action. It may raise issues of fact or law and should be signed by counsel if settled by him.

2. Formerly, a statement of the findings of an arbitrator, submitted for the opinion of the High Court. This procedure has now been replaced by a form of "appeal on a question of law only.

special damages

See general and special damages.

special defences

See general defences.

special endorsement

See endorsement.

special hospital

A hospital (e.g. Broadmoor or Rampton) controlled and managed by the Home Secretary for persons suffering from *mental disorder who require detention under special security conditions, because of their dangerous, violent, or criminal propensities.

speciality

The principle that the state requesting the *extradition of a fugitive from another state must, in order for the request to succeed, specify the crime for which the accused is to be extradited. Further, the requesting state must only try the individual for the crime specified in the extradition request.