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Legal Terms – Flag State Jurisdiction
The principle that, with exclusions, a vessel on the high seas is governed only by the jurisdiction of its flag state, which is the state granting it the authority to navigate under its flag.
The principle that, with exclusions, a vessel on the high seas is governed only by the jurisdiction of its flag state, which is the state granting it the authority to navigate under its flag.
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Legal Terms - flexible tenancy
A form of tenancy that was introduced by the Localism Act 2011 as an alternative to the grant of a *secure tenancy: a flexible tenancy is granted for a fixed term without security of tenure. It may be granted upon the expiration of a *demoted tenancy or a *introductory tenancy.
A form of tenancy that was introduced by the Localism Act 2011 as an alternative to the grant of a *secure tenancy: a flexible tenancy is granted for a fixed term without security of tenure. It may be granted upon the expiration of a *demoted tenancy or a *introductory tenancy.
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Legal Terms – Flexible working
The Employment Act 2002 and its associated regulations grant employees who have served 26 weeks of continuous employment the right to request that their employer modify their working hours and conditions, including the possibility of working from home, through an application (Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002; Flexible Working (Procedural Requirements) Regulations 2002 (as amended). Employers are obligated to take these requests seriously; however, there is no inherent entitlement to work in a flexible manner. The employee is limited to one application per year and is required to submit it in writing. The employer is required to meet with the employee to discuss the application within 28 days of the request. Within 14 days of the meeting, the employer must either agree to the request or provide an explanation for its refusal. There is an appeals process. Unless the parties reach an agreement to the contrary, the terms and conditions are permanently altered upon the employer's acceptance of the application.
The Employment Act 2002 and its associated regulations grant employees who have served 26 weeks of continuous employment the right to request that their employer modify their working hours and conditions, including the possibility of working from home, through an application (Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002; Flexible Working (Procedural Requirements) Regulations 2002 (as amended). Employers are obligated to take these requests seriously; however, there is no inherent entitlement to work in a flexible manner. The employee is limited to one application per year and is required to submit it in writing. The employer is required to meet with the employee to discuss the application within 28 days of the request. Within 14 days of the meeting, the employer must either agree to the request or provide an explanation for its refusal. There is an appeals process. Unless the parties reach an agreement to the contrary, the terms and conditions are permanently altered upon the employer's acceptance of the application.
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Legal Terms - Flexicurity
is a labor market model that integrates job security for workers with flexibility for employers. It is contended that in order to thrive in the increasingly global and competitive markets, employers must be able to rapidly adjust to the current economic and market conditions. Consequently, employers desire the ability to acquire and terminate personnel and implement new work practices without incurring legal penalties. The utilization of temporary and agency personnel, as well as outsourcing, has demonstrated this transformation. However, from the worker's perspective, this flexibility for the employer may result in a lack of certainty and employment protections. In recent years, there have been some attempts to address this issue. For instance, in the European Union, there has been an effort to ensure that laborers are provided with consistent levels of protection while also promoting flexible working arrangements. The European Commission has defined flexicurity as a strategy that simultaneously seeks to maintain employment and income security while simultaneously improving the flexibility of labor markets, work organizations, and labor relations. Unions in the United Kingdom have responded to comparable requests to implement the Nordic model of flexicurity.
is a labor market model that integrates job security for workers with flexibility for employers. It is contended that in order to thrive in the increasingly global and competitive markets, employers must be able to rapidly adjust to the current economic and market conditions. Consequently, employers desire the ability to acquire and terminate personnel and implement new work practices without incurring legal penalties. The utilization of temporary and agency personnel, as well as outsourcing, has demonstrated this transformation. However, from the worker's perspective, this flexibility for the employer may result in a lack of certainty and employment protections. In recent years, there have been some attempts to address this issue. For instance, in the European Union, there has been an effort to ensure that laborers are provided with consistent levels of protection while also promoting flexible working arrangements. The European Commission has defined flexicurity as a strategy that simultaneously seeks to maintain employment and income security while simultaneously improving the flexibility of labor markets, work organizations, and labor relations. Unions in the United Kingdom have responded to comparable requests to implement the Nordic model of flexicurity.
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Legal Terms – flotation
A process through which a public company can raise capital from the public by issuing securities (such as shares or debentures). It may involve a prospectus issue, in which the company itself issues a prospectus inviting the public to acquire securities; an offer for sale, in which the company sells the securities on offer to an issuing house, which then issues a prospectus inviting the public to purchase the securities from it; or a placing, in which an issuing house arranges for the securities to be taken up by its own or another's clients in the expectation that they will ultimately become available to the public on the open market.
A process through which a public company can raise capital from the public by issuing securities (such as shares or debentures). It may involve a prospectus issue, in which the company itself issues a prospectus inviting the public to acquire securities; an offer for sale, in which the company sells the securities on offer to an issuing house, which then issues a prospectus inviting the public to purchase the securities from it; or a placing, in which an issuing house arranges for the securities to be taken up by its own or another's clients in the expectation that they will ultimately become available to the public on the open market.
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Legal Terms - FOB contract (Free On Board contract)
it is a type of agreement for the international sale of goods wherein the seller's obligation is satisfied by loading the goods onto a vessel. Subsequently, all expenses and the risk of unintentional loss or damage transfer to the purchaser. The buyer is also responsible for insurance during maritime transportation. When commodities are transported by air or rail, the terms FOB Airport or Free on Rail (FOR) are occasionally employed. FOB is a specified Incoterm in Incoterms 2020.
it is a type of agreement for the international sale of goods wherein the seller's obligation is satisfied by loading the goods onto a vessel. Subsequently, all expenses and the risk of unintentional loss or damage transfer to the purchaser. The buyer is also responsible for insurance during maritime transportation. When commodities are transported by air or rail, the terms FOB Airport or Free on Rail (FOR) are occasionally employed. FOB is a specified Incoterm in Incoterms 2020.
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Legal Terms – Follower Notice
A notification from HM Revenue and Customs informing a taxpayer that, in HMRC's assessment, an appeal submitted cannot prevail as the matter in question has already been adjudicated in a referenced case within the notice. HMRC typically issues a Follower Notice and an Accelerated Payment Notice concurrently, with the latter mandating payment of the contested tax within 90 days. The purpose of this legislation (Finance Act 2014 § 204–233) is to empower HMRC to efficiently and swiftly collect taxes from all taxpayers who have participated in a tax evasion scheme deemed ineffective by a court ruling against one taxpayer. These regulations constitute an assault on tax avoidance, mandating that a promoter of tax avoidance schemes disclose to HMRC the identities of clients who have implemented the plan. Similar to the General Anti-Abuse Rule, these rules undermine the established premise that direct tax is owed solely upon the issuance of an assessment and the resolution of any appeals about that assessment. The rules confer upon HMRC authorities that were once exclusive to independent tax tribunals and the judiciary.
A notification from HM Revenue and Customs informing a taxpayer that, in HMRC's assessment, an appeal submitted cannot prevail as the matter in question has already been adjudicated in a referenced case within the notice. HMRC typically issues a Follower Notice and an Accelerated Payment Notice concurrently, with the latter mandating payment of the contested tax within 90 days. The purpose of this legislation (Finance Act 2014 § 204–233) is to empower HMRC to efficiently and swiftly collect taxes from all taxpayers who have participated in a tax evasion scheme deemed ineffective by a court ruling against one taxpayer. These regulations constitute an assault on tax avoidance, mandating that a promoter of tax avoidance schemes disclose to HMRC the identities of clients who have implemented the plan. Similar to the General Anti-Abuse Rule, these rules undermine the established premise that direct tax is owed solely upon the issuance of an assessment and the resolution of any appeals about that assessment. The rules confer upon HMRC authorities that were once exclusive to independent tax tribunals and the judiciary.
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Legal Terms - football hooliganism
The Sporting Events (Control of Alcohol etc.) Act 1985 includes fineable offenses for the possession, consumption, or facilitation of alcohol on trains and vehicles that can accommodate nine or more passengers. The vehicle must be transporting two or more passengers to or from a "designated sporting event," which is primarily a Football League club and international fixture. Normal scheduled coach or train services are not included. A constable who has a reasonable suspicion that a relevant offense is being or has been committed may halt the vehicle or train and search it or the suspected offender. Additionally, it is unlawful to be intoxicated or to possess alcohol, pyrotechnics, or similar objects (excluding matches or lighters) in the viewing area within two hours prior to, during, or one hour following the event, or while attempting to enter. This prohibition remains in effect, unless lawful authority is established. Persons who have been convicted of the aforementioned alcohol-related offenses or offenses that occurred at the football ground may be prohibited from participating in football matches by the courts under the Public Order Act 1986. Admission to a designated football match is regulated by the Football Spectators Act 1989 and is subject to the regulation of disorderly behavior under the Football (Offences) Act 1991. An offender may be prohibited from attending a football match in England and Wales by a banning order, as stipulated in the Football Spectators Act 1989, as amended by the Football (Disorder) Act 2000 and the Football (Disorder) (Amendment) Act 2002. In order to prevent the offender from traveling to a football match abroad, such an order may also necessitate the surrender of their passport (Gough v Chief Constable of Derbyshire [2002] QB 459). Additionally, refer to offenses against public order.
The Sporting Events (Control of Alcohol etc.) Act 1985 includes fineable offenses for the possession, consumption, or facilitation of alcohol on trains and vehicles that can accommodate nine or more passengers. The vehicle must be transporting two or more passengers to or from a "designated sporting event," which is primarily a Football League club and international fixture. Normal scheduled coach or train services are not included. A constable who has a reasonable suspicion that a relevant offense is being or has been committed may halt the vehicle or train and search it or the suspected offender. Additionally, it is unlawful to be intoxicated or to possess alcohol, pyrotechnics, or similar objects (excluding matches or lighters) in the viewing area within two hours prior to, during, or one hour following the event, or while attempting to enter. This prohibition remains in effect, unless lawful authority is established. Persons who have been convicted of the aforementioned alcohol-related offenses or offenses that occurred at the football ground may be prohibited from participating in football matches by the courts under the Public Order Act 1986. Admission to a designated football match is regulated by the Football Spectators Act 1989 and is subject to the regulation of disorderly behavior under the Football (Offences) Act 1991. An offender may be prohibited from attending a football match in England and Wales by a banning order, as stipulated in the Football Spectators Act 1989, as amended by the Football (Disorder) Act 2000 and the Football (Disorder) (Amendment) Act 2002. In order to prevent the offender from traveling to a football match abroad, such an order may also necessitate the surrender of their passport (Gough v Chief Constable of Derbyshire [2002] QB 459). Additionally, refer to offenses against public order.
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Legal Terms -Financial Conduct Authority (FCA)
A corporate entity established under the Financial Services Act 2012 as one of two successor organizations to the Financial Services Authority (FSA), the other being the Prudential Regulation Authority (PRA). The objective is to oversee the delivery of financial services and markets. The Financial Services and Markets Act 2000, which formed the FSA, includes a broad restriction against any individual engaging in regulated activities unless approved or exempt. Regulated operations including investment advisory services, stockbroking, deposit acceptance, and broader consumer transactions related to mortgages, insurance, and fundamental banking services. Carrying out a controlled activity without authority constitutes an offense, unless exempted. Individuals in violation may be unable to execute transactions, and investors who incur losses may be eligible for reimbursement. The FCA possesses investigative authority for financial crime (e.g., insider trading), management of illicit proceeds, and market abuse. The FCA possesses the authority to investigate violations of the general prohibition as well as the characteristics of the business or the ownership and control of an authorized individual.
A corporate entity established under the Financial Services Act 2012 as one of two successor organizations to the Financial Services Authority (FSA), the other being the Prudential Regulation Authority (PRA). The objective is to oversee the delivery of financial services and markets. The Financial Services and Markets Act 2000, which formed the FSA, includes a broad restriction against any individual engaging in regulated activities unless approved or exempt. Regulated operations including investment advisory services, stockbroking, deposit acceptance, and broader consumer transactions related to mortgages, insurance, and fundamental banking services. Carrying out a controlled activity without authority constitutes an offense, unless exempted. Individuals in violation may be unable to execute transactions, and investors who incur losses may be eligible for reimbursement. The FCA possesses investigative authority for financial crime (e.g., insider trading), management of illicit proceeds, and market abuse. The FCA possesses the authority to investigate violations of the general prohibition as well as the characteristics of the business or the ownership and control of an authorized individual.
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Legal Terms - financial provision order
A directive for recurring payments or a single payment intended to rectify the financial circumstances of the individuals involved in a marriage (or civil partnership) and their children. Such orders may be issued subsequent to the issuance of a divorce, dissolution, nullity, or judicial separation order, or where one spouse has neglected to support or contribute adequately to reasonable maintenance for the other spouse or a child of the family. Upon divorce, dissolution, legal separation, or nullity, the court possesses the authority to issue property adjustment orders. The court possesses extensive discretion in deciding whether to issue financial provision orders, as stipulated in section 25 of the Matrimonial Causes Act 1973, which has a corresponding provision in the Civil Partnership Act 2004. It has a paramount obligation to prioritize the wellbeing of any child under 18 years of age and to endeavor to attain a clean break whenever feasible.
The Act enumerates seven factors that the court must evaluate as part of the relevant circumstances. The considerations encompass: the financial resources and anticipated needs of each party; the ages of the parties and the duration of the marriage; the standard of living experienced by the family prior to the marital dissolution; the contributions made by each party to the family's welfare, including domestic management and caregiving; and the behavior of the parties, but only in instances where disregarding such conduct would be profoundly inequitable.
A pivotal case in the House of Lords (White v White [2001] 1 AC 596 (HL)) clarified that the underlying aim of section 25 is to ensure an equitable resolution, emphasizing that there should be no bias between husbands and wives regarding their respective roles (i.e., the fact that one spouse remains at home while the other is employed is irrelevant). Assets should be evenly distributed as a default, unless a valid justification exists for deviation. Supplementary case: Lambert v Lambert [2002] EWCA Civ 1685, [2003] 2 WLR 63; Miller v Miller: McFarlane v McFarlane [2006] UKHL 24, [2006] 2 AC 618; Charman v Charman [2007] EWCA Civ 503, 1 FLR 1246
A directive for recurring payments or a single payment intended to rectify the financial circumstances of the individuals involved in a marriage (or civil partnership) and their children. Such orders may be issued subsequent to the issuance of a divorce, dissolution, nullity, or judicial separation order, or where one spouse has neglected to support or contribute adequately to reasonable maintenance for the other spouse or a child of the family. Upon divorce, dissolution, legal separation, or nullity, the court possesses the authority to issue property adjustment orders. The court possesses extensive discretion in deciding whether to issue financial provision orders, as stipulated in section 25 of the Matrimonial Causes Act 1973, which has a corresponding provision in the Civil Partnership Act 2004. It has a paramount obligation to prioritize the wellbeing of any child under 18 years of age and to endeavor to attain a clean break whenever feasible.
The Act enumerates seven factors that the court must evaluate as part of the relevant circumstances. The considerations encompass: the financial resources and anticipated needs of each party; the ages of the parties and the duration of the marriage; the standard of living experienced by the family prior to the marital dissolution; the contributions made by each party to the family's welfare, including domestic management and caregiving; and the behavior of the parties, but only in instances where disregarding such conduct would be profoundly inequitable.
A pivotal case in the House of Lords (White v White [2001] 1 AC 596 (HL)) clarified that the underlying aim of section 25 is to ensure an equitable resolution, emphasizing that there should be no bias between husbands and wives regarding their respective roles (i.e., the fact that one spouse remains at home while the other is employed is irrelevant). Assets should be evenly distributed as a default, unless a valid justification exists for deviation. Supplementary case: Lambert v Lambert [2002] EWCA Civ 1685, [2003] 2 WLR 63; Miller v Miller: McFarlane v McFarlane [2006] UKHL 24, [2006] 2 AC 618; Charman v Charman [2007] EWCA Civ 503, 1 FLR 1246
