LAW

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KembaraXtra – Legal Terms – Notice of Discontinuance
A notice of discontinuance is a formal notice used in civil proceedings when a claimant voluntarily decides to abandon all or part of a legal claim.
Under Part 38 of the Civil Procedure Rules, the claimant may discontinue proceedings at almost any stage by filing the notice with the court and serving copies on the other parties involved.
Where there is more than one defendant, the claimant may discontinue the claim against some defendants while continuing against others.
However, court permission may be required in certain situations, such as where an interim injunction has already been granted, where the claimant has received an interim payment, or where multiple claimants are involved in the proceedings.

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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.

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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.
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KembaraXtra – Legal Terms – No Order Principle
The no order principle is another name for the non-intervention principle under the Children Act 1989.
It provides that a court should only make an order concerning a child if making the order would improve the child’s welfare.
The principle discourages unnecessary legal intervention in family matters.
Courts therefore consider whether leaving matters without a formal order may better serve the interests of the child.

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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.
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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.
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KembaraXtra – Legal Terms – Non-Molestation Order
A non-molestation order is a protective court order made under section 42 of the Family Law Act 1996.
The order prevents a person from molesting or harassing another person with whom they are associated, such as a spouse, civil partner, cohabitant, relative, or former intimate partner.
Molestation is interpreted broadly and includes not only physical violence but also threatening behaviour, intimidation, harassment, or repeated unwanted contact.
The order may also be made for the protection of a child connected to the parties.
When deciding whether to grant the order, the court considers the need to protect the health, safety, and wellbeing of the applicant and any relevant child, and breach of the order is a criminal offence.

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KembaraXtra – Legal Terms – Non Licet
Non licet is a Latin expression meaning “not permitted.”
The phrase is used in legal contexts to indicate that a particular act, conduct, or course of action is prohibited by law.
It reflects the principle that certain behaviour is legally unauthorized or forbidden.
The expression may appear in legal writings, judgments, or academic discussions involving restrictions imposed by law.
Although rarely used in modern everyday practice, it remains part of traditional legal terminology.

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​KembaraXtra – Legal Terms – Notice of Dishonour


A notice of dishonour is a formal notification given when a *bill of exchange has been dishonoured, either because it was not accepted or not paid.


The holder of the bill must give notice to the drawer and every endorser; otherwise, those parties may be discharged from liability.


The notice must clearly identify the bill and state the reason for dishonour, whether by non-acceptance or non-payment.


It must also be given within a reasonable time, according to strict legal rules, although certain recognized excuses may justify delay or failure to provide notice.
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KembaraXtra – Legal Terms – Non-Intervention Principle (No Order Principle)
The non-intervention principle, also known as the no order principle, is a rule introduced by section 1 of the Children Act 1989.
It provides that when a court is considering whether to make an order concerning a child, the court should only do so if making the order would positively improve or promote the child’s welfare.
The principle reflects the idea that unnecessary legal intervention in family life should be avoided.
Courts therefore begin from the position that making no order may sometimes be better for the child than imposing formal legal arrangements.
This principle works together with the welfare principle, under which the child’s welfare remains the court’s paramount consideration.

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