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KembaraXtra – Legal Terms – Non Est Factum
Non est factum is a Latin phrase meaning “it is not his deed.”
It is a legal plea used by a person who argues that a document signed by them should not bind them because they did not truly understand its nature or effect.
The doctrine applies only in exceptional situations, such as where a person signed a document fundamentally different from what they believed it to be.
A successful plea of non est factum makes the document void because the person’s consent was not genuine.
The defence is closely connected with the law of mistake and is usually unavailable where the signer acted carelessly.
Non est factum is a Latin phrase meaning “it is not his deed.”
It is a legal plea used by a person who argues that a document signed by them should not bind them because they did not truly understand its nature or effect.
The doctrine applies only in exceptional situations, such as where a person signed a document fundamentally different from what they believed it to be.
A successful plea of non est factum makes the document void because the person’s consent was not genuine.
The defence is closely connected with the law of mistake and is usually unavailable where the signer acted carelessly.
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KembaraXtra – Legal Terms – Next Friend
The term next friend was formerly used to describe a person who conducted legal proceedings on behalf of someone unable to act for themselves, such as a child or a mentally incapacitated person.
Under modern civil procedure rules, this role is now referred to as a litigation friend.
A next friend or litigation friend is responsible for making decisions and managing the case in the best interests of the person they represent.
The role ensures that vulnerable individuals have proper access to justice and legal protection during court proceedings.
The representative may be a parent, guardian, relative, or another suitable person approved by the court.
The term next friend was formerly used to describe a person who conducted legal proceedings on behalf of someone unable to act for themselves, such as a child or a mentally incapacitated person.
Under modern civil procedure rules, this role is now referred to as a litigation friend.
A next friend or litigation friend is responsible for making decisions and managing the case in the best interests of the person they represent.
The role ensures that vulnerable individuals have proper access to justice and legal protection during court proceedings.
The representative may be a parent, guardian, relative, or another suitable person approved by the court.
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KembaraXtra – Legal Terms – Nominated Court
A nominated court is a court designated to take evidence on behalf of a foreign court.
This usually occurs where legal proceedings are taking place in another country but evidence or witness testimony needs to be obtained within the jurisdiction of the nominated court.
The nominated court assists the foreign proceedings by gathering and recording the required evidence according to the applicable legal procedures.
Such cooperation forms part of international judicial assistance between courts of different states.
The process helps ensure that evidence located abroad can still be properly used in legal proceedings.
A nominated court is a court designated to take evidence on behalf of a foreign court.
This usually occurs where legal proceedings are taking place in another country but evidence or witness testimony needs to be obtained within the jurisdiction of the nominated court.
The nominated court assists the foreign proceedings by gathering and recording the required evidence according to the applicable legal procedures.
Such cooperation forms part of international judicial assistance between courts of different states.
The process helps ensure that evidence located abroad can still be properly used in legal proceedings.
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KembaraXtra – Legal Terms – Non-User
Non-user refers to the failure to exercise a legal right over land for a sufficiently long period of time.
Where a right is continuously unused, the law may eventually treat the right as abandoned or extinguished.
This commonly applies to rights connected with land, such as easements or rights of way.
The issue is closely connected with limitation principles and long periods of inactivity.
Non-user refers to the failure to exercise a legal right over land for a sufficiently long period of time.
Where a right is continuously unused, the law may eventually treat the right as abandoned or extinguished.
This commonly applies to rights connected with land, such as easements or rights of way.
The issue is closely connected with limitation principles and long periods of inactivity.
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KembaraXtra – Legal Terms – Notice of Abandonment
A notice of abandonment is a formal declaration made by an insured person in marine insurance.
It is given to the insurer when the insured treats damaged or lost property as a constructive total loss.
By giving the notice, the insured effectively abandons rights over the property to the insurer and claims compensation as though the loss were total.
The concept is closely connected with the law relating to constructive total loss in marine insurance.
A notice of abandonment is a formal declaration made by an insured person in marine insurance.
It is given to the insurer when the insured treats damaged or lost property as a constructive total loss.
By giving the notice, the insured effectively abandons rights over the property to the insurer and claims compensation as though the loss were total.
The concept is closely connected with the law relating to constructive total loss in marine insurance.
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KembaraXtra – Legal Terms – Notary (Notary Public)
A notary, or notary public, is a legal practitioner authorized to certify, witness, and authenticate legal documents.
Notaries commonly attest deeds, certify copies of documents, and note or protest dishonoured bills of exchange.
Many notaries are also solicitors, although notarial practice is a distinct legal function.
Different categories include ecclesiastical notaries, general notaries, and district notaries.
British diplomatic and consular officials abroad may also perform certain notarial functions outside the United Kingdom.
A notary, or notary public, is a legal practitioner authorized to certify, witness, and authenticate legal documents.
Notaries commonly attest deeds, certify copies of documents, and note or protest dishonoured bills of exchange.
Many notaries are also solicitors, although notarial practice is a distinct legal function.
Different categories include ecclesiastical notaries, general notaries, and district notaries.
British diplomatic and consular officials abroad may also perform certain notarial functions outside the United Kingdom.
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KembaraXtra – Legal Terms – Northern Ireland Protocol
The Northern Ireland Protocol, formally known as the Protocol on Ireland/Northern Ireland, was created following the United Kingdom’s withdrawal from the European Union.
Its purpose was to prevent the creation of a “hard border” between Northern Ireland and the Republic of Ireland after Brexit.
Because the Republic of Ireland remained part of the EU Single Market and Customs Union while the UK left both systems, customs and regulatory checks would normally have been required along the Irish border.
To avoid this, the Protocol kept Northern Ireland effectively aligned with parts of the EU Single Market system.
As a result, customs and regulatory checks occur mainly on goods moving between Great Britain and Northern Ireland rather than between Northern Ireland and the Republic of Ireland.
The arrangement followed earlier proposals such as the “Irish Backstop,” which had proved politically controversial.
The Protocol forms part of the revised Withdrawal Agreement negotiated under Prime Minister Boris Johnson and came into force at the end of the implementation period on 31 December 2020.
The Agreement also provides for a future consent mechanism allowing Northern Ireland to decide whether the Protocol’s arrangements should continue.
The Northern Ireland Protocol, formally known as the Protocol on Ireland/Northern Ireland, was created following the United Kingdom’s withdrawal from the European Union.
Its purpose was to prevent the creation of a “hard border” between Northern Ireland and the Republic of Ireland after Brexit.
Because the Republic of Ireland remained part of the EU Single Market and Customs Union while the UK left both systems, customs and regulatory checks would normally have been required along the Irish border.
To avoid this, the Protocol kept Northern Ireland effectively aligned with parts of the EU Single Market system.
As a result, customs and regulatory checks occur mainly on goods moving between Great Britain and Northern Ireland rather than between Northern Ireland and the Republic of Ireland.
The arrangement followed earlier proposals such as the “Irish Backstop,” which had proved politically controversial.
The Protocol forms part of the revised Withdrawal Agreement negotiated under Prime Minister Boris Johnson and came into force at the end of the implementation period on 31 December 2020.
The Agreement also provides for a future consent mechanism allowing Northern Ireland to decide whether the Protocol’s arrangements should continue.
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KembaraXtra – Legal Terms – Notice
The term notice has several important legal meanings.
First, it refers to knowledge of a fact. A person has *actual notice when they truly know something, *constructive notice when they ought reasonably to know it, and *imputed notice when their agent possesses such knowledge.
Second, in employment law, notice refers to formal notification that a contract of employment will end after a specified period. Statutory minimum notice periods protect employees who have completed a qualifying period of continuous employment.
Third, in land law, a notice is an entry made against registered land to protect a person’s legal interest or right in that land. Such notices preserve the priority of the interest against future purchasers.
Finally, in European Union law, a notice may refer to a non-binding document issued by the European Commission explaining policies or regulations, especially in competition law.
The term notice has several important legal meanings.
First, it refers to knowledge of a fact. A person has *actual notice when they truly know something, *constructive notice when they ought reasonably to know it, and *imputed notice when their agent possesses such knowledge.
Second, in employment law, notice refers to formal notification that a contract of employment will end after a specified period. Statutory minimum notice periods protect employees who have completed a qualifying period of continuous employment.
Third, in land law, a notice is an entry made against registered land to protect a person’s legal interest or right in that land. Such notices preserve the priority of the interest against future purchasers.
Finally, in European Union law, a notice may refer to a non-binding document issued by the European Commission explaining policies or regulations, especially in competition law.
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KembaraXtra – Legal Terms – Not Guilty
Not guilty has two principal meanings in criminal law.
First, it is the plea entered by an accused person denying the criminal charges brought against them.
A defendant may plead guilty to some charges while pleading not guilty to others.
Second, “not guilty” is the verdict delivered when a court or jury determines that the prosecution has failed to prove the offence beyond reasonable doubt.
A verdict of not guilty results in an acquittal of the accused person.
Not guilty has two principal meanings in criminal law.
First, it is the plea entered by an accused person denying the criminal charges brought against them.
A defendant may plead guilty to some charges while pleading not guilty to others.
Second, “not guilty” is the verdict delivered when a court or jury determines that the prosecution has failed to prove the offence beyond reasonable doubt.
A verdict of not guilty results in an acquittal of the accused person.
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KembaraXtra – Legal Terms – Non-Tariff Barriers
Non-tariff barriers are restrictions on international trade that do not involve customs duties or tariffs.
Instead of taxes on imports, these barriers take the form of special requirements or controls such as licences, quotas, technical regulations, or administrative restrictions.
Such measures can make it more difficult or expensive for foreign goods or services to enter a market.
Although sometimes justified for safety, environmental, or public policy reasons, non-tariff barriers may also operate as hidden forms of trade protection.
Non-tariff barriers are restrictions on international trade that do not involve customs duties or tariffs.
Instead of taxes on imports, these barriers take the form of special requirements or controls such as licences, quotas, technical regulations, or administrative restrictions.
Such measures can make it more difficult or expensive for foreign goods or services to enter a market.
Although sometimes justified for safety, environmental, or public policy reasons, non-tariff barriers may also operate as hidden forms of trade protection.