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Lord Chief Justice 4 page

(Member of Parliament)

See house of commons.

See Master of the Rolls.

multiple admissibility

The principle of the law of evidence that if evidence is admissible for one purpose it may not be rejected solely because it is inadmissible for some other purpose. However, the *trier of fact may have to be directed not to consider the evidence when deciding those issues in respect of which it is inadmissible.

multiple agreement

(under the Consumer Credit Act 1974)

An agreement the terms of which are such that (1) part of it falls within one category of agreement mentioned in the Act and another part within a different category of agreement, which mayor may not be mentioned in the Act; or (2) a part or the whole of it is placed within two or more categories of agreement mentioned in the Act. When part of an agreement falls within a category mentioned in the Act, that part is treated for the purposes of the Act as a separate agreement. When an agreement falls within two or more categories, it is treated as an agreement in each of the categories in question.

multi-track

The track to which a civil case is allocated (See allocation) when the claim is more complex and/or for a higher amount (exceeding £15,000) than those catered for in the *fast track, With the exception of personal injury claims not exceeding £50,000, the jurisdiction for which is retained by the county court, these actions will be based in the High Court. Unlike the *small claims track and the fast track, the multi-track uses tools of *case management rather than standard procedure to process. Those tools include the use of *case management conferences and *pre-trial reviews.

municipal law

The national, or internal, law of a state, as opposed to international law.

See also doctrine of incorporation; private law; public law.

muniments

pl. n.

Documents that prove a person's title to land. They include the relevant *title deeds, certificates of *official search, and other documents tracing ownership of the land through to the present owner.

munitions of war

Vessels, aircraft, fighting vehicles, arms, ammunition, explosive devices, or any other articles, materials, or devices intended or adapted for Use in war.

murder

Homicide that is neither accidental nor lawful and does not fall into the categories of *manslaughter or *infanticide. The mens rea for murder is traditionally known as *malice aforethought and the punishment (since 1965) is *life imprisonment. Murder is subject to the special defences of *diminished responsibility, *suicide pact, and *provocation. Under the Crime (Sentences) Act 1997 a second conviction for attempted murder carries a mandatory sentence of life imprisonment (See repeat offender).

mute

adj.

See standing mute.

mutiny

An offence against service law committed by any member of HM forces who combines with one or more other members (whether or not civilians are also involved) to overthrow or resist lawful authority in those forces or any forces cooperating with them. If a civilian is involved, his conduct will be a matter for the ordinary criminal law. The offence is also committed if the aim of the combination is to disobey lawful authority in a manner subversive of discipline, or for the purpose of avoiding any duty connected with operations against the enemy, or generally to impede the performance of any duty in HM forces or any cooperating forces.

mutual mistake

See mistake.

mutual wills

Wills conferring reciprocal benefits, made by two or more persons who have agreed that the wills are not to be revoked. The court will enforce the agreement by declaring that the survivor holds the relevant property on *constructive trust to give effect to the mutual will. For example, Hand W by agreement make wills leaving property to each other absolutely, each providing that if the other dies first the property goes instead to X. If after H's death W makes a fresh will in favour of Y, the court will on Ws death nonetheless give effect to the interest left to X under the original mutual will. The fresh will is admitted to probate, but the *personal representatives of the survivor can only take the relevant property subject to a constructive trust in favour of X. The property that forms the subject matter of the trust is to be determined by construing the agreement contained in the mutual wills.

naked agreement

See consideration.

name

See business name; change of name; company name; surname.

name and arms clause

A clause in a settlement providing that the beneficiary forfeits his entitlement unless he uses a specified surname and, if appropriate, coat of arms at all times. The clause is valid only if it is sufficiently precise.

National Assembly for Wales

See welsh assembly.

national conditions of sale

One of a number of sets of standard conditions of sale used by solicitors in drawing up closed contracts for the sale of land. Another set of conditions is made available by the Law Society.

Compare open contract; statutory form of conditions of sale.

National Crime Squad

A body of police officers organized on a national basis to tackle serious and organized crime. It was set up under the Police Act 1997, in conjunction with the *Criminal Records Agency and the authorization of intrusive *surveillance operations.

National Health Service

(NHS)

A service established for England and Wales in 1948 as a result of the National Health Service Act 1946 and reorganized in 1974,1982, 1990 (as a result of the National Health Service and Community Care Act 1990), and in 1999 (under the Health Act 1999). It is concerned with the provision of hospital, specialist, general practitioner (medical, dental, ophthalmic, and pharmaceutical), nursing, ambulance, and related services, under the ultimate responsibility of the Secretary of State for Health. The 1990 Act introduced major changes and divided the service into those bodies responsible for the acquisition of care (contractors) and those responsible for the provision of care (providers). In England the Health Service is administered by the National Health Service Executive headed by a Chief Executive, under which there are (since 31 March. 1996) eight regional offices, which took over the functions of the Regional Health Authorities (RHAs), i.e. overall planning responsibility for their regions and allocation of resources to health authorities within these regions. In April 1996 the role of the contractors was taken over by new *Health Authorities, which assumed the functions of the District Health Authorities (DHAs), responsible for assessing and acquiring services required for their districts by awarding contracts to such providers as *NHS Trusts; and the Family Health Service Authorities, which awarded contracts for services provided by general practitioners, dentists, and pharmacists. An element of competition was introduced by the 1990 Act in that a DHA could place contracts for any, or all, of the health care required for its own district either with local services or with the services provided outside its area.

General practitioner services were reorganized in a similar way with some GPs (fundholders) holding their own budgets and having the power to purchase the services they required for their own patients from whichever provider gave them the service they needed. However, the Health Act 1999 ended GP fundholding and created *Primary Care Trusts.

See also Commission for Health Improvement.

national insurance

A scheme of state-administered social security benefits (e.g. income support, incapacity benefit, and retirement pensions). These were inaugurated by the National Insurance Act 1946 and are now given effect by the Social Security Acts 1975-96. A separate industrial injuries insurance scheme was established by the National Insurance (Industrial Injuries) Act 1946, but the Social Security Acts now govern the payment of *industrial injuries disablement benefit. Entitlement to social security or disablement benefits is determined by adjudication officers; appeals from their decisions may be made to a *Social Security Appeal Tribunal.

nationality

The state of being a citizen or subject of a particular country.

See British citizenship; British dependent territories citizenship; British overseas citizenship; British subject; British national (Overseas).

nationalized industries

Industries that have by statute been taken into public ownership as *corporations. They are administered by ministerially appointed boards (rather than by government departments). The minister controls and is accountable to Parliament for matters of general policy, but the day-to-day affairs of the industries are managed by the boards alone and are not subject to detailed parliamentary scrutiny. Nationalized industries in the UK have been progressively returned to the private sector through *privatization, mainly by being floated on the Stock Exchange as public companies (*public company).

national treatment standard

The doctrine that a state is only bound to treat aliens and their property in the same way as it would treat its own citizens. Opposed to the *international minimum standard, it is seen by its proponents (originally Latin American countries) as counteracting the attempts of economically and politically powerful Western states to use international law to impose their will on less well-developed states. Its effect, however, has been to expose foreign nationals to objectionable standards in states that regularly maltreat their own nationals.

natural child

1. An illegitimate child (See illegitimacy). Until 1969 a gift by will to one's "children" was presumed to exclude natural (illegitimate) children, but there is now a presumption that it does include them.

2. A child of one's body, as opposed to an adopted child.

naturalization

The legal process by which a person acquires a new nationality. In the UK, *British citizenship or *British Dependent Territories citizenship is acquired by means of a certificate of naturalization. This is granted by the Secretary of State to an applicant who has satisfied statutory requirements as to residence and other matters and taken an *oath of allegiance.

natural justice

Rules of fair play, originally developed by the courts of equity to control the decisions of inferior courts and then gradually extended (particularly in the 20th century) to apply equally to the decisions of administrative and domestic tribunals and of any authority exercising an *administrative power that affects a person's status, rights, or liabilities. Any decision reached in contravention of natural justice is void as *ultra vires. There are two principal rules. The first is the rule against bias (i.e. against departure from the standard of even-handed justice required of those who occupy judicial office) - nemo judex in causa sua (or in propria causa) (no man may be a judge in his own cause). This means that any decision, however fair it may seem, is invalid if made by a person with any financial or other interest in the outcome or any known bias that might have affected his impartiality. The second rule is known as audi alteram partem (hear the other side). It states that a decision cannot stand unless the person directly affected by it was given a fair opportunity both to state his case and to know and answer the other side's case.

natural law

The permanent underlying basis of all law. The philosophers of ancient Greece, where the idea of natural law originated, considered that there was a kind of perfect justice given to man by nature and that man's laws should conform to this as closely as possible. Theories of natural law have been an important part of jurisprudence throughout legal history. Natural law is distinguished from positive law, which is the body of law imposed by the state. Natural law is both anterior and superior to positive law.

natural person

A human being.

Compare juristic person.

natural rights

1. (in *natural law) a. Rights conferred on all individuals by the natural law. b. The fundamental rights found in civilized nations to which all men are entitled without interference by the state. This concept of natural law was particularly popular in the 18th century. It has had great influence in the legal history of the USA, as seen, for example, in the Virginian Declaration of Rights: "All men are by nature equally free and independent and have certain inherent natural rights of which when they enter a society they cannot by any compact deprive or divest their posterity".

See also human rights.

2. (in land law) Rights automatically belonging to a landowner, violation of which constitutes an actionable *nuisance. The most obvious and important of these is the landowner's right to enjoy his land in its natural state and not to have support for it eroded by the activities of his neighbours (for example through excavation or quarrying operations). This right relates to the land rather than to buildings on it, although damages for infringing the natural right of support may reflect the damage done to buildings on the land affected by the neighbours' activities. A natural right to water may exist if it flows naturally through the landowner's property via a defined channel.

Compare easement.

naval court

A court formerly convened under the Merchant Shipping Act 1894 either by the captain of one of HM ships on foreign station or by a consular officer. Its purpose was to inquire into the abandonment or loss of any British ship, any complaint by an officer or seaman of such a ship, or any other matter requiring investigation in the interests of the owners of the ship or its cargo. It reported to the Department of Trade and Industry and had limited disciplinary powers. A naval court consisted of three to five members, each of whom was either a naval officer, the master of a British merchant ship, a consular officer, or a British merchant (each of the first three of these categories being represented if possible).

Inquiries into the fitness or conduct of an officer are now governed by the Merchant Shipping Act 1995, at the instigation of the Secretary of State. Inquiries are held in public and are conducted by a lawyer or judge, assisted by one or more assessors appointed by the Lord Chancellor. The person appointed to hear the inquiry is required to announce his decision at the end of the inquiry and to make a report to the Secretary of State. The inquiry may cancel or suspend any certificate of competence issued to the officer concerned, or censure him, if satisfied that he did not act to the standards required of him.

naval law

See service law.

naval property

Any chattel belonging to the Crown that is issued, or stored for the purpose of being issued when required, for naval purposes.

Compare military stores.

navigation

1. The science of directing the course of a vessel or aircraft. Loss occasioned by improper navigation may arise even though a vessel is moored.

2. A right to navigate inland waters.

necessaries

pl. n.

Goods or services suitable to the condition in life and actual requirements of a minor or a person subject to incapacity, e.g. essential clothing. Although such a person's legal *capacity to contract is limited, he must pay a reasonable price for necessaries sold and delivered to him.

necessary in a democratic society

An expression set out in a number of the articles of the *European Convention on Human Rights: it makes that particular right a *qualified right and provides a signatory state with a defence of *proportionality.

necessity

Pressure of circumstances compelling one to commit an illegal act. The extent to which English law accepts a defence of necessity to a criminal charge is unclear (Compare duress; self-defence). There have, however, been acquittals on this basis when (1) a prisoner escaped from a burning gaol; and (2) the crew of a ship jettisoned the cargo (not belonging to them) to save the ship from sinking. The House of Lords has also recently ruled that a surgeon may have a defence of necessity if he operates in order to save life. Necessity is not, however, a defence to charges of theft Or murder (for example when ship-wrecked victims kill and eat one of their number) and it is not usually a defence to driving offences. The definitions of some statutory offences incorporate such expressions as "unlawfully" or "without lawful authority or excuse" and so should admit necessity defences. Other statutory provisions (1) authorize police and fire officers, if necessary, to break into premises when a fire has broken out and do everything necessary to extinguish It; and (2) provide qualified exemption from compliance with traffic lights for fire engines, ambulances, and police vehicles.

Necessity is in some circumstances a defence to an action in tort, but It is probably limited to action taken to protect life or property in an emergency not caused by the defendant's negligence. The steps taken in the emergency must be reasonable.

negative clearance

The procedure by which the European Commission determines that an agreement notified to it under the competition rules of the Treaty of Rome does not infringe the rules (See competition law). Alternatively, for agreements that infringe the rules, *block exemption may be granted. Most notifications contain an application for both negative clearance and, If the Commission determines that the rules apply, a block exemption.

negative pregnant

An evasive reply to an allegation in a statement of case, which - while being a literal response - in fact evades the true matter at Issue'. For example, if A denies that he received £1000 from B,. this is a negative pregnant If he in fact received a lesser amount and the matter at Issue was that he received money from B.

Compare affirmative pregnant.

negative resolution

See delegated legislation.

neglect

It is a criminal offence for a parent or guardian to neglect their child in a way that is likely to cause unnecessary suffering or injury to health, when the parent is aware of (or reckless as to) the likely consequences of the neglect. Neglect may also be evidence of *negligence and may give rise to a charge of manslaughter if the neglected person dies.

negligence

1. Carelessness amounting to the culpable breach of a duty: failure to do something that a reasonable man (i.e. an average responsible citizen) would do, or doing something that a reasonable man would not do. In cases of professional negligence, involving someone with a special skill, that person is expected to show the skill of an average member of his profession. Negligence may be an element in a few crimes, e.g. *careless and inconsiderate driving, and various regulatory offences, which are usually punished by fine. The main example of a serious crime that may be committed by negligence is *manslaughter (in one of its forms). When negligence is a basis of criminal liability, it is no defence to show that one was doing one's best if one's conduct still falls below that of the reasonable man in the circumstances.

See also gross negligence.

2. A tort consisting of the breach of a *duty of care resulting in damage to the claimant. Negligence in the sense of carelessness does not give rise to civil liability unless the defendant's failure to conform to the standards of the reasonable man was a breach of a duty of care owed to the claimant, which has caused damage to him. Negligence can be used to bring a civil action when there is no contract under which proceedings can be brought. Normally it is easier to sue for *breach of contract, but this is only possible when a contract exists. Generally, fewer heads of damage can be claimed in negligence than in breach of contract, but the rules limiting the time within which actions can be brought (See limitation of actions) may be more advantageous for actions in tort for negligence than for actions in contract.

See also contributory negligence; res ipsa loquitur.

negligent misstatement

(negligent misrepresentation. careless statement)

A false statement of fact made honestly but carelessly. A statement of opinion may be treated as a statement of fact if it carries the implication that the person making it has reasonable grounds for his opinion. A negligent misstatement is only actionable in tort if there has been breach of a duty to take care in making the statement that has caused damage to the claimant. There is no general *duty of care in making statements, particularly in relation to statements on financial matters. Responsibility for negligent misstatements is imposed only if they were made in circumstances that made it reasonable to rely on them. If a negligent misstatement induces the person to whom it was made to enter into a contract with the maker of the statement, the statement may be actionable as a term of the contract if the parties intended it to be a term or it may give rise to damages or *rescission under the Misrepresentation Act 1967 (See also misrepresentation).

negotiable instrument

A document that constitutes an obligation to pay a sum of money and is transferable by delivery so that the holder for the time can sue upon it in his own name. The transferee can enforce the obligation even if the transferor's title is defective, provided that he accepted the document in good faith and for value and had no notice of the defect. The most important classes of negotiable instruments are bills of exchange (including cheques; see *bill of exchange) and *promissory notes.

negotiation

(in international law)

A diplomatic procedure by which representatives of states, either by direct personal contact or through correspondence, engage in discussing matters of mutual concern and attempt to resolve disputes that have arisen in relations between themselves.

negotiation of a bill

The transfer of a *bill of exchange from one person to another so that the transferee becomes the holder. A bill payable to bearer is negotiated by *delivery; a bill payable to order is negotiated by the *endorsement of the holder completed by delivery. The issue of a bill to the payee is not a negotiation.

nemo dat quod non habet

(Latin: no one can give what he has not got)

The basic rule that a person who does not own property (e.g. a thief) cannot confer it on another except with the true owner's authority (i.e. as his agent). Exceptions to this rule include sales under statutory powers and cases in which the doctrine of *estoppel prevents the true owner from denying the authority of the seller to sell.

nemo debet bis vexari

(Latin: no man ought to be twice vexed)

No person should be twice sued or prosecuted upon the same set of facts if there has been a final decision of a competent court. The maxim reflects the policy underlying the doctrine of *estoppel per rem judicatam and *issue estoppel.

nemo est heres viventis

(Latin: no one is the heir of a living person)

A maxim stating that a person's *heir can be ascertained only at the time of his death, since until then his heir apparent may die or be disinherited. Thus an heir apparent has no legal or equitable interest in property he expects to inherit until it actually devolves upon him.

nemo judex in causa sua

(nemo judex in propria causa)

See natural justice.

nemo tenetur seipsum accusare

(Latin: no one is bound to incriminate himself)

A maxim reflecting the policy underlying the *privilege against self-incrimination.

nervous shock

A recognizable psychiatric illness caused by shock, as distinct from normal grief, sorrow, or anxiety. Those involved in an accident, who are known as primary victims, can recover damages for shock. Recovery by others (e.g. relatives of the accident victims), known as secondary victims, is strictly limited.

neutrality

The legal status of a state that adopts a position of impartiality toward two other states who are at war with each other. The impartial state accords recognition of the state of belligerency between the two warring parties and this, in turn, creates rights and duties that fall upon all concerned.

neutralization

The guarantee of the independence and political and territorial integrity of (usually) a small power by a collective agreement of great powers, subject to the condition that it will not take up arms against another state, except in self-defence, or enter into any treaty that may compromise its neutrality.

new trial

(retrial)

A second trial of a case ordered by an appellate court. In civil cases the Court of Appeal may order a new trial on grounds including misconduct by the judge (such as a serious misdirection), serious procedural irregularity, or (in rare cases) because fresh evidence has come to light. In criminal cases new trials are rarely ordered, but the former requirement that the appeal had to be based upon the admission of fresh evidence has been abolished.