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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
A power is a legal authority or discretion to act or refrain from acting.
Unlike a duty, a power does not require the holder to exercise it.
Powers commonly arise in trusts, statutes, contracts, and public administration.
Courts may review the exercise of powers to ensure they are used properly and within legal limits.
An act exceeding the scope of a power may be declared invalid as ultra vires.
A power is a legal authority or discretion to act or refrain from acting.
Unlike a duty, a power does not require the holder to exercise it.
Powers commonly arise in trusts, statutes, contracts, and public administration.
Courts may review the exercise of powers to ensure they are used properly and within legal limits.
An act exceeding the scope of a power may be declared invalid as ultra vires.
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KembaraXtra – Legal Terms – Potentially Exempt Transfer (PET)
A potentially exempt transfer (PET) is a transfer of value made by one individual to another for inheritance tax purposes.
A PET is not immediately subject to inheritance tax when the gift is made.
If the donor survives for seven years after making the transfer, it becomes fully exempt from inheritance tax.
If the donor dies within seven years, the transfer may become chargeable to tax.
The concept is an important part of estate planning and inheritance tax law.
A potentially exempt transfer (PET) is a transfer of value made by one individual to another for inheritance tax purposes.
A PET is not immediately subject to inheritance tax when the gift is made.
If the donor survives for seven years after making the transfer, it becomes fully exempt from inheritance tax.
If the donor dies within seven years, the transfer may become chargeable to tax.
The concept is an important part of estate planning and inheritance tax law.
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KembaraXtra – Legal Terms – Praecipe
A praecipe is a formal court document requesting the preparation or issue of another legal document.
Traditionally, it was used to request documents such as writs of execution.
Under modern civil procedure, the equivalent document in county court proceedings is usually called a request.
Historically, the term also referred to a writ ordering a sheriff to command a defendant to perform an act or explain failure to do so.
The concept reflects older procedural practices in English law.
A praecipe is a formal court document requesting the preparation or issue of another legal document.
Traditionally, it was used to request documents such as writs of execution.
Under modern civil procedure, the equivalent document in county court proceedings is usually called a request.
Historically, the term also referred to a writ ordering a sheriff to command a defendant to perform an act or explain failure to do so.
The concept reflects older procedural practices in English law.
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KembaraXtra – Legal Terms – Postnuptial Settlement
A postnuptial settlement is a settlement or agreement made after marriage concerning property or financial arrangements between spouses.
It commonly regulates ownership, maintenance, or distribution of assets.
Such settlements may become relevant during divorce or separation proceedings.
Courts may consider whether the agreement was fairly made and freely entered into.
Postnuptial settlements are closely connected with family law and matrimonial property rights.
A postnuptial settlement is a settlement or agreement made after marriage concerning property or financial arrangements between spouses.
It commonly regulates ownership, maintenance, or distribution of assets.
Such settlements may become relevant during divorce or separation proceedings.
Courts may consider whether the agreement was fairly made and freely entered into.
Postnuptial settlements are closely connected with family law and matrimonial property rights.
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KembaraXtra – Legal Terms – Practising Certificate
A practising certificate is an annual authorization allowing a lawyer to practise professionally.
Solicitors receive practising certificates from the Solicitors Regulation Authority.
Barristers receive their practising certificates through the Bar Council after fulfilling training requirements.
The certificate confirms that the lawyer meets professional and regulatory standards.
Practising certificates are commonly linked with professional indemnity insurance and continuing professional obligations.
A practising certificate is an annual authorization allowing a lawyer to practise professionally.
Solicitors receive practising certificates from the Solicitors Regulation Authority.
Barristers receive their practising certificates through the Bar Council after fulfilling training requirements.
The certificate confirms that the lawyer meets professional and regulatory standards.
Practising certificates are commonly linked with professional indemnity insurance and continuing professional obligations.
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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 – Practice Master
A practice master is a judicial officer connected with court administration and procedural matters.
The role historically involved supervising aspects of civil court practice and case management.
Practice masters dealt with procedural applications and interlocutory matters.
The office formed part of the administrative structure of the courts.
The term is associated particularly with the Central Office and older court procedures.
A practice master is a judicial officer connected with court administration and procedural matters.
The role historically involved supervising aspects of civil court practice and case management.
Practice masters dealt with procedural applications and interlocutory matters.
The office formed part of the administrative structure of the courts.
The term is associated particularly with the Central Office and older court procedures.
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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 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.