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KembaraXtra – Legal Terms – Positive Discrimination
Positive discrimination means favouring one group of people over another because the favoured group is considered disadvantaged.
In the UK, positive discrimination is generally unlawful under equality legislation.
An exception exists in relation to disabled persons, who may lawfully receive more favourable treatment.
The law instead permits “positive action”, which involves proportionate steps to reduce disadvantage or under-representation.
Examples include targeted training or selecting equally qualified candidates from under-represented groups.
Positive discrimination means favouring one group of people over another because the favoured group is considered disadvantaged.
In the UK, positive discrimination is generally unlawful under equality legislation.
An exception exists in relation to disabled persons, who may lawfully receive more favourable treatment.
The law instead permits “positive action”, which involves proportionate steps to reduce disadvantage or under-representation.
Examples include targeted training or selecting equally qualified candidates from under-represented groups.
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KembaraXtra – Legal Terms – Power of Sale
A power of sale is the right of a mortgagee or certain trustees to sell property under specified conditions.
In mortgage law, the power usually arises when the borrower defaults on repayment obligations.
The mortgagee must exercise the power with reasonable care and account for any surplus proceeds.
The term also refers to the authority of a tenant for life to sell settled land under settlement law.
A valid exercise of the power may overreach the interests of beneficiaries in the land.
A power of sale is the right of a mortgagee or certain trustees to sell property under specified conditions.
In mortgage law, the power usually arises when the borrower defaults on repayment obligations.
The mortgagee must exercise the power with reasonable care and account for any surplus proceeds.
The term also refers to the authority of a tenant for life to sell settled land under settlement law.
A valid exercise of the power may overreach the interests of beneficiaries in the land.
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KembaraXtra – Legal Terms – Practice Form
A practice form is an official form prescribed for use in legal proceedings.
Its format and purpose are usually specified by a Practice Direction or procedural rules.
Practice forms standardize court documents and ensure procedural consistency.
Examples include claim forms, witness statements, and application notices.
Using the correct form is important for compliance with court procedures.
A practice form is an official form prescribed for use in legal proceedings.
Its format and purpose are usually specified by a Practice Direction or procedural rules.
Practice forms standardize court documents and ensure procedural consistency.
Examples include claim forms, witness statements, and application notices.
Using the correct form is important for compliance with court procedures.
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KembaraXtra – Legal Terms – Power of Search
A power of search is the legal authority to search persons, vehicles, premises, or property.
Such powers are commonly granted to police officers by legislation.
Searches may require a warrant, although some statutes permit searches without one in urgent circumstances.
The Police and Criminal Evidence Act 1984 provides major rules governing police stop and search powers.
Search powers are subject to safeguards intended to balance law enforcement with individual rights and liberties.
A power of search is the legal authority to search persons, vehicles, premises, or property.
Such powers are commonly granted to police officers by legislation.
Searches may require a warrant, although some statutes permit searches without one in urgent circumstances.
The Police and Criminal Evidence Act 1984 provides major rules governing police stop and search powers.
Search powers are subject to safeguards intended to balance law enforcement with individual rights and liberties.
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KembaraXtra – Legal Terms – Power Reserved by Executor
Power reserved by executor arises when an executor chooses not to immediately take part in administering an estate.
Another executor may proceed with obtaining probate while reserving the absent executor’s right to join later.
The non-proving executor retains the ability to apply later through double probate.
This arrangement is commonly used where an executor is temporarily unwilling or unavailable to act.
It differs from renouncing probate, where the executor permanently gives up the right to act.
Power reserved by executor arises when an executor chooses not to immediately take part in administering an estate.
Another executor may proceed with obtaining probate while reserving the absent executor’s right to join later.
The non-proving executor retains the ability to apply later through double probate.
This arrangement is commonly used where an executor is temporarily unwilling or unavailable to act.
It differs from renouncing probate, where the executor permanently gives up the right to act.
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KembaraXtra – Legal Terms – Power to Manage
The power to manage refers to the authority to direct and control the affairs of a company.
This power is usually divided between the board of directors and the general meeting of shareholders.
A company’s constitution commonly determines how managerial authority is allocated.
Under standard model articles, most management powers are vested in the directors.
However, shareholders may exercise residual powers where the directors are unable to act.
The power to manage refers to the authority to direct and control the affairs of a company.
This power is usually divided between the board of directors and the general meeting of shareholders.
A company’s constitution commonly determines how managerial authority is allocated.
Under standard model articles, most management powers are vested in the directors.
However, shareholders may exercise residual powers where the directors are unable to act.
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KembaraXtra – Legal Terms – Practice
In legal terminology, practice refers to the methods and procedures used in conducting legal proceedings.
It is closely related to the concept of procedural law.
The term may also refer to informal customs or established ways of carrying out legal work.
Additionally, “practice” can describe legal reference books dealing with procedure and court processes.
Understanding legal practice is essential for effective litigation and court administration.
In legal terminology, practice refers to the methods and procedures used in conducting legal proceedings.
It is closely related to the concept of procedural law.
The term may also refer to informal customs or established ways of carrying out legal work.
Additionally, “practice” can describe legal reference books dealing with procedure and court processes.
Understanding legal practice is essential for effective litigation and court administration.
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KembaraXtra – Legal Terms – Practice Directions
Practice Directions are official instructions issued to guide court procedure and administration.
They are commonly issued by senior judges or court authorities.
Practice Directions supplement formal rules of court and help explain how procedures should operate.
Although influential, they generally do not have the same statutory authority as formal procedural rules.
They often address case management, filing requirements, and courtroom practices.
Practice Directions are official instructions issued to guide court procedure and administration.
They are commonly issued by senior judges or court authorities.
Practice Directions supplement formal rules of court and help explain how procedures should operate.
Although influential, they generally do not have the same statutory authority as formal procedural rules.
They often address case management, filing requirements, and courtroom practices.
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KembaraXtra – Legal Terms – Power to Sue
The power to sue is the legal authority to commence court proceedings.
In company law, the company itself is usually the proper claimant where wrongs are done to it.
The company’s constitution determines which body may exercise this authority.
Under model articles, the board of directors generally controls decisions about litigation.
Shareholders may sometimes intervene through resolutions or residual powers where directors cannot properly act.
The power to sue is the legal authority to commence court proceedings.
In company law, the company itself is usually the proper claimant where wrongs are done to it.
The company’s constitution determines which body may exercise this authority.
Under model articles, the board of directors generally controls decisions about litigation.
Shareholders may sometimes intervene through resolutions or residual powers where directors cannot properly act.
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KembaraXtra – Legal Terms – PPP
PPP stands for public–private partnership.
It describes cooperative arrangements between public authorities and private sector organizations.
Such partnerships are commonly used to finance, build, or manage public infrastructure and services.
PPP arrangements aim to combine public objectives with private sector expertise and investment.
Examples include projects involving transport, hospitals, schools, and utilities.
PPP stands for public–private partnership.
It describes cooperative arrangements between public authorities and private sector organizations.
Such partnerships are commonly used to finance, build, or manage public infrastructure and services.
PPP arrangements aim to combine public objectives with private sector expertise and investment.
Examples include projects involving transport, hospitals, schools, and utilities.