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Legal Terms - Family Provision
The Inheritance (Provision for Family and Dependants) Act 1975 allows courts to distribute a deceased person's estate to family members or dependents. The court may award family provision to a qualified applicant if the deceased person's will or intestacy legislation does not provide adequate financial support.
The Inheritance (Provision for Family and Dependants) Act 1975 allows courts to distribute a deceased person's estate to family members or dependents. The court may award family provision to a qualified applicant if the deceased person's will or intestacy legislation does not provide adequate financial support.
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Legal Terms – fair dismissal
If a tribunal determines that an employer has acted reasonably in dismissing an employee and that the dismissal was for a lawful reason, i.e., it was both procedurally and substantively fair (see substantive fairness), the employee may be dismissed on the basis of the employee's capability, qualifications, or conduct, redundancy, the fact that it would be illegal to continue employing the employee, or any other substantial reason.
If a tribunal determines that an employer has acted reasonably in dismissing an employee and that the dismissal was for a lawful reason, i.e., it was both procedurally and substantively fair (see substantive fairness), the employee may be dismissed on the basis of the employee's capability, qualifications, or conduct, redundancy, the fact that it would be illegal to continue employing the employee, or any other substantial reason.
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Legal Terms - Fair rent
The rent for the holder of a *protected or *statutory tenancy is determined by a rent officer or tribunal. The scarcity of rented property is not considered when determining the rent, resulting in a rent that is frequently lower than the market rate. The rent of *assured tenancies is established through an agreement between the proprietor and tenant. If the proprietor desires to raise the rent, the tenant may submit an application to the First-Tier Tribunal (Property Chamber) to ascertain the new rent. The tribunal is required to establish the rent at the highest possible price that the proprietor could secure on the open market. The tribunal's rent determinations are documented and accessible to the public.
The rent for the holder of a *protected or *statutory tenancy is determined by a rent officer or tribunal. The scarcity of rented property is not considered when determining the rent, resulting in a rent that is frequently lower than the market rate. The rent of *assured tenancies is established through an agreement between the proprietor and tenant. If the proprietor desires to raise the rent, the tenant may submit an application to the First-Tier Tribunal (Property Chamber) to ascertain the new rent. The tribunal is required to establish the rent at the highest possible price that the proprietor could secure on the open market. The tribunal's rent determinations are documented and accessible to the public.
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Legal Terms – Fair Trial
A privilege that is outlined in Article 6 of the *European Convention on Human Rights and the *Human Rights Act 1998. The right to a fair prosecution is applicable to both civil and criminal proceedings and encompasses the right to a public hearing by an independent and impartial tribunal established by law, subject to certain exceptions. It has been interpreted as necessitating that the state may occasionally be required to provide legal assistance to a litigant: Airey v Ireland App No 6289/73 [1981] ECHR 1. The following rights are also specified in criminal cases: the *presumption of innocence; the right to be informed of the specifics of the case against you; the right to have the time and resources to prepare a defense and to instruct lawyers (with financial support as needed); the right to call witnesses and examine them for the prosecution; and the right to receive free interpreter services.
A privilege that is outlined in Article 6 of the *European Convention on Human Rights and the *Human Rights Act 1998. The right to a fair prosecution is applicable to both civil and criminal proceedings and encompasses the right to a public hearing by an independent and impartial tribunal established by law, subject to certain exceptions. It has been interpreted as necessitating that the state may occasionally be required to provide legal assistance to a litigant: Airey v Ireland App No 6289/73 [1981] ECHR 1. The following rights are also specified in criminal cases: the *presumption of innocence; the right to be informed of the specifics of the case against you; the right to have the time and resources to prepare a defense and to instruct lawyers (with financial support as needed); the right to call witnesses and examine them for the prosecution; and the right to receive free interpreter services.
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Legal Terms – Fairway
The mid-channel of a navigable river, which extends as close to the shore as the profundity of water allows for ordinary navigation.
The mid-channel of a navigable river, which extends as close to the shore as the profundity of water allows for ordinary navigation.
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Legal Terms - Fair wear and tear
A term that is frequently encountered in leases that require covenant repairs. When a tenant is not required to remedy fair (reasonable) wear and tear that occurs during his tenancy, he must still make any necessary repairs to prevent consequential damage that results from the original wear and tear. For instance, the tenant is not responsible for repairing a slate that has been blown off a roof; however, they are required to prevent the rain from entering through the hole and causing additional harm.
A term that is frequently encountered in leases that require covenant repairs. When a tenant is not required to remedy fair (reasonable) wear and tear that occurs during his tenancy, he must still make any necessary repairs to prevent consequential damage that results from the original wear and tear. For instance, the tenant is not responsible for repairing a slate that has been blown off a roof; however, they are required to prevent the rain from entering through the hole and causing additional harm.
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Legal Terms - falsa demonstratio non nocet
[Latin: a deceptive description does not vitiate] In the event that a legal document (e.g., a will) contains a description of a subject that is comprised of multiple parts, and one of the parts is accurate while the other is inaccurate, the rule is that the untrue part will not invalidate the document if the accurate part accurately describes the subject with a sufficient degree of legal certain
[Latin: a deceptive description does not vitiate] In the event that a legal document (e.g., a will) contains a description of a subject that is comprised of multiple parts, and one of the parts is accurate while the other is inaccurate, the rule is that the untrue part will not invalidate the document if the accurate part accurately describes the subject with a sufficient degree of legal certain
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Legal Terms - false accounting
An offense that is punishable by up to seven years of imprisonment is committed by an individual who dishonestly falsifies, destroys, or conceals any account or document used in accounting, or who uses such a document with knowledge or suspicion that it is false or misleading (Theft Act 1968 s 17). A gain or loss to another must be the motivation for the commission of the offense. A company director who publishes or permits the publication of a written statement that he or she knows or suspects to be misleading or false in order to deceive members or creditors of the company is also guilty of a special offense, which is punishable by up to seven years' imprisonment.
An offense that is punishable by up to seven years of imprisonment is committed by an individual who dishonestly falsifies, destroys, or conceals any account or document used in accounting, or who uses such a document with knowledge or suspicion that it is false or misleading (Theft Act 1968 s 17). A gain or loss to another must be the motivation for the commission of the offense. A company director who publishes or permits the publication of a written statement that he or she knows or suspects to be misleading or false in order to deceive members or creditors of the company is also guilty of a special offense, which is punishable by up to seven years' imprisonment.
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Legal Terms - False imprisonment
A person's freedom of movement is unlawfully restricted, although it is not necessarily in a prison. False imprisonment encompasses unlawful detention and the unlawful interference with an individual's ability to exit a room or establishment. Accordingly, any complete restriction of freedom of movement is sufficient. The restriction must be complete; it is not imprisonment to obstruct an individual from progressing in one direction if they are free to depart in another (Bird v Jones (1845) 7QB 742). False imprisonment is a form of trespass towards the individual; therefore, it is unnecessary to demonstrate that it has resulted in actual harm. It is a strict liability tort and a crime. The writ of habeas corpus is available to restore the imprisoned person to liberty, and damages, which may be *aggravated or *exemplary, can be obtained in tort.
A person's freedom of movement is unlawfully restricted, although it is not necessarily in a prison. False imprisonment encompasses unlawful detention and the unlawful interference with an individual's ability to exit a room or establishment. Accordingly, any complete restriction of freedom of movement is sufficient. The restriction must be complete; it is not imprisonment to obstruct an individual from progressing in one direction if they are free to depart in another (Bird v Jones (1845) 7QB 742). False imprisonment is a form of trespass towards the individual; therefore, it is unnecessary to demonstrate that it has resulted in actual harm. It is a strict liability tort and a crime. The writ of habeas corpus is available to restore the imprisoned person to liberty, and damages, which may be *aggravated or *exemplary, can be obtained in tort.
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Legal Terms - false plea (false confession)
A statement of case that is evidently frivolous or preposterous and is solely intended to cause vexation or delay. A court has the authority to strike out or modify a statement of case that would have a detrimental impact on the fair trial of a case.
A statement of case that is evidently frivolous or preposterous and is solely intended to cause vexation or delay. A court has the authority to strike out or modify a statement of case that would have a detrimental impact on the fair trial of a case.
