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Legal Terms – fair comment
Previously, it was permissible to argue that the statement was a legitimate commentary on a topic of public interest in order to defend oneself against a defamation lawsuit. It was superseded by a defense of honest opinion under the Defamation Act 2013.
Previously, it was permissible to argue that the statement was a legitimate commentary on a topic of public interest in order to defend oneself against a defamation lawsuit. It was superseded by a defense of honest opinion under the Defamation Act 2013.
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Legal Terms - Factum
[Latin] 1. A *fact or a statement of facts. For instance, a factum probantia (pl. facta probantia) is a fact that is presented in evidence as evidence of another fact, while a factum probandum (pl. facta probanda) is a fact that requires verification. 2. A deed or action. See also non est factum.
[Latin] 1. A *fact or a statement of facts. For instance, a factum probantia (pl. facta probantia) is a fact that is presented in evidence as evidence of another fact, while a factum probandum (pl. facta probanda) is a fact that requires verification. 2. A deed or action. See also non est factum.
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Legal Terms - Failure to maintain
The failure of either spouse or civil partner to provide reasonable maintenance for the other or to make an appropriate contribution to the maintenance of any children of the family during the duration of the marriage or civil partnership. Once such failure is demonstrated, the court may issue orders for secured or unsecured periodical payments, as well as for lump-sum orders. It is no longer necessary to establish wilful neglect of maintenance, which refers to the intentional withholding of maintenance. Application for periodical payments for children can now typically be submitted directly to the Child Maintenance Service under the Child Support Act 1991.
The failure of either spouse or civil partner to provide reasonable maintenance for the other or to make an appropriate contribution to the maintenance of any children of the family during the duration of the marriage or civil partnership. Once such failure is demonstrated, the court may issue orders for secured or unsecured periodical payments, as well as for lump-sum orders. It is no longer necessary to establish wilful neglect of maintenance, which refers to the intentional withholding of maintenance. Application for periodical payments for children can now typically be submitted directly to the Child Maintenance Service under the Child Support Act 1991.
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Legal Terms - failure to make disclosure
The failure of a party to disclose documents in accordance with a disclosure directive (see disclosure and inspection of documents). This will result in an application to the court for an order compelling disclosure. A party is prohibited from relying on any document that has not been disclosed or has not been allowed to be inspected by the other party, unless the court grants permission under Part 31 of the Civil Procedure Rules.
The failure of a party to disclose documents in accordance with a disclosure directive (see disclosure and inspection of documents). This will result in an application to the court for an order compelling disclosure. A party is prohibited from relying on any document that has not been disclosed or has not been allowed to be inspected by the other party, unless the court grants permission under Part 31 of the Civil Procedure Rules.
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Legal Terms - fair and equitable treatment
The majority of investment treaties require the host state to treat foreign investors fairly and equitably. Case law has established that the FET standard encompasses the provision of normal and nondiscriminatory business conduct to prevent the disruption of the foreign investor's activities without good reason (Continental Casualty Company v Argentina, ICSID Case No. ARB/03/9 (2008)). In the event that a more specific standard is not violated, the clause may be invoked as a blanket provision (PSEG Global v Turkey ICSID Case No ARB/02/5 (2007)).
The majority of investment treaties require the host state to treat foreign investors fairly and equitably. Case law has established that the FET standard encompasses the provision of normal and nondiscriminatory business conduct to prevent the disruption of the foreign investor's activities without good reason (Continental Casualty Company v Argentina, ICSID Case No. ARB/03/9 (2008)). In the event that a more specific standard is not violated, the clause may be invoked as a blanket provision (PSEG Global v Turkey ICSID Case No ARB/02/5 (2007)).
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Legal Terms - extradition treaty
A treaty stipulating that a state consents to extradite a fleeing criminal (or suspect) to the jurisdiction where the crime occurred or to the fugitive's country of nationality. In this instance, the offense must be a violation of the municipal law of the nation, perpetrated beyond the geographical confines of the state of which the individual is a citizen. Extradition treaties are bilateral and exhibit a lack of uniformity in their terms and interpretations. Nonetheless, they consistently encompass the subsequent three characteristics: 1. The state in custody will not relinquish the fugitive unless prima facie evidence of guilt is presented; 2. Political offenders will not be surrendered; 3. Surrender will only occur if sufficient assurances are provided that the accused will not be tried for any offense other than the one for which surrender is granted.
A treaty stipulating that a state consents to extradite a fleeing criminal (or suspect) to the jurisdiction where the crime occurred or to the fugitive's country of nationality. In this instance, the offense must be a violation of the municipal law of the nation, perpetrated beyond the geographical confines of the state of which the individual is a citizen. Extradition treaties are bilateral and exhibit a lack of uniformity in their terms and interpretations. Nonetheless, they consistently encompass the subsequent three characteristics: 1. The state in custody will not relinquish the fugitive unless prima facie evidence of guilt is presented; 2. Political offenders will not be surrendered; 3. Surrender will only occur if sufficient assurances are provided that the accused will not be tried for any offense other than the one for which surrender is granted.
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Legal Terms - extrajudicial divorce
A divorce conferred outside a judicial setting by a nonjudicial procedure (such as a *get or a *talaq). An extrajudicial divorce conducted within the UK, Channel Islands, or Isle of Man will not be acknowledged.
A divorce conferred outside a judicial setting by a nonjudicial procedure (such as a *get or a *talaq). An extrajudicial divorce conducted within the UK, Channel Islands, or Isle of Man will not be acknowledged.
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Legal Terms - extraordinary means
In the field of medical law, treatments that are employed to extend the life of an individual but are not considered beneficial (i.e., they do not alleviate distress or promote recovery) and may even be burdensome to the patient. The principle that there is no legal obligation to extend life through extraordinary measures has been established in recent cases. "Extraordinary" does not necessarily imply unusual: remedies that are ordinarily regarded as routine may be classified as extraordinary when they are no longer clinically effective.
In the field of medical law, treatments that are employed to extend the life of an individual but are not considered beneficial (i.e., they do not alleviate distress or promote recovery) and may even be burdensome to the patient. The principle that there is no legal obligation to extend life through extraordinary measures has been established in recent cases. "Extraordinary" does not necessarily imply unusual: remedies that are ordinarily regarded as routine may be classified as extraordinary when they are no longer clinically effective.
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Legal Terms - Extraordinary Rendition
A term used to describe the extrajudicial transfer of individuals from one state to another. The term originated in connection with the United States' practice of transferring suspected terrorists to countries that are known to torture detainees or to employ harsh interrogation techniques that may escalate to the level of torture. These methods would be classified as illegal under US federal law. Additionally, the practice violates international treaty obligations, including the European Convention on Human Rights 1950 (as incorporated into UK law by the Human Rights Act 1998 and the Criminal Justice Act 1988), in addition to the widely recognized *jus cogens rule against torture in public international law. The UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment contains the most explicit provision on extraordinary rendition. As stated in Article 3, no state party is required to "expel, return ('refouler') or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture." The British government has consistently denied any knowledge or involvement in the transportation of approximately 200 terrorist suspects for torture in covert camps abroad, despite persistent claims that the CIA used British airports.
A term used to describe the extrajudicial transfer of individuals from one state to another. The term originated in connection with the United States' practice of transferring suspected terrorists to countries that are known to torture detainees or to employ harsh interrogation techniques that may escalate to the level of torture. These methods would be classified as illegal under US federal law. Additionally, the practice violates international treaty obligations, including the European Convention on Human Rights 1950 (as incorporated into UK law by the Human Rights Act 1998 and the Criminal Justice Act 1988), in addition to the widely recognized *jus cogens rule against torture in public international law. The UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment contains the most explicit provision on extraordinary rendition. As stated in Article 3, no state party is required to "expel, return ('refouler') or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture." The British government has consistently denied any knowledge or involvement in the transportation of approximately 200 terrorist suspects for torture in covert camps abroad, despite persistent claims that the CIA used British airports.
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Legal Terms – extraterritoriality
It is a theory in international law that explains diplomatic immunity by positing that the premises of a foreign mission are a part of the transmitting state's territory. English law does not recognize this theory; consequently, a divorce granted in a foreign embassy in England is not recognized outside of the British Isles for the purposes of the Recognition of Divorces Act 1971. Diplomatic immunity is either predicated on the theory that the diplomatic mission embodies the immunities of the sending state and is entitled to them, or on the practical necessity of such immunity for diplomacy.
It is a theory in international law that explains diplomatic immunity by positing that the premises of a foreign mission are a part of the transmitting state's territory. English law does not recognize this theory; consequently, a divorce granted in a foreign embassy in England is not recognized outside of the British Isles for the purposes of the Recognition of Divorces Act 1971. Diplomatic immunity is either predicated on the theory that the diplomatic mission embodies the immunities of the sending state and is entitled to them, or on the practical necessity of such immunity for diplomacy.
