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Legal Terms - Enactment formula
The preliminary clauses in an Act of Parliament that confer legal authority. They occur directly after the extended title and the date of royal assent, unless a preamble precedes them, and typically read: “Be It Enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows …”. A specific formula is employed in instances where the Parliament Acts of 1911 and 1949 are applicable.
The preliminary clauses in an Act of Parliament that confer legal authority. They occur directly after the extended title and the date of royal assent, unless a preamble precedes them, and typically read: “Be It Enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows …”. A specific formula is employed in instances where the Parliament Acts of 1911 and 1949 are applicable.
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Legal Terms En banc
[Français : sur le banc] A hearing, typically about an appeal, conducted by the entire judiciary of a court rather than a select group.
[Français : sur le banc] A hearing, typically about an appeal, conducted by the entire judiciary of a court rather than a select group.
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Legal Terms - Encroachment
The act of extending one’s rights to the detriment of others, especially by incorporating adjacent territory to create the illusion of ownership. If the intrusion is tolerated for 12 years, the appropriated land is deemed joined to the land of the encroacher.
The act of extending one’s rights to the detriment of others, especially by incorporating adjacent territory to create the illusion of ownership. If the intrusion is tolerated for 12 years, the appropriated land is deemed joined to the land of the encroacher.
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Legal Terms - encumbrance (incumbrance)
A right or interest in land possessed by an individual other than the landowner; examples encompass easements, leases, mortgages, and restrictive covenants. Upon the registration of land title (see to land registration), encumbrances, excluding overriding interests, are documented in the Charges Register. Specific encumbrances impacting unregistered land will be enforceable against third parties solely if recorded at the Land Charges Registry.
A right or interest in land possessed by an individual other than the landowner; examples encompass easements, leases, mortgages, and restrictive covenants. Upon the registration of land title (see to land registration), encumbrances, excluding overriding interests, are documented in the Charges Register. Specific encumbrances impacting unregistered land will be enforceable against third parties solely if recorded at the Land Charges Registry.
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Legal Terms - Endorsement
1. The process by which the details of a driving violation are recorded on an individual's driving licence. When the court mandates an endorsement for an offense that entails mandatory or discretionary disqualification, while the driver remains unqualified, the endorsement will additionally include the number of penalty points assigned for the purpose of totting up.
Upon the court's directive for disqualification, solely the specifics of the offense are recorded. The courts may mandate endorsement following a conviction for the majority of traffic violations, with the primary exceptions being parking infractions. In several instances, endorsement is obligatory unless there are extenuating circumstances, such as a sudden emergency, that justify its absence. A person whose license is subject to endorsement must present it to the court; failure to do so may result in suspension of the license. A driver with an endorsed license may petition for a new "clean" license after a specified duration, often four years, or eleven years for offenses related to drunken driving. According to the Road Traffic (New Drivers) Act 1995, effective 1 June 1997, a driver convicted of an endorsable offense who accumulates 6 or more penalty points within two years of obtaining a driving licence will have their licence revoked and must retake the driving test.
The endorsement of the holder on a bill of exchange is a crucial step in the negotiation or transfer of a bill payable to order. The endorsement requires the bill to be delivered to the transferee. An endorsement in blank consists solely of the holder's signature, rendering the bill payable to the bearer. A special endorsement designates the individual to whom (or to whose order) the bill is payable (e.g., “Pay X or order”). An endorser, via the endorsement of a bill, assumes specific responsibilities towards the holder or a subsequent endorser. 3. The annotation on a document regarding particulars about a subsequent transaction impacting the subject matter of that document. A beneficiary for whom a personal representative signs an assent of property may demand that the details of the assent be included on the document holding the probate or letters of administration. A buyer of a parcel inside a larger tract of land may necessitate a note or memorandum of the conveyance to be inscribed on the title deeds pertaining to the entire plot.
1. The process by which the details of a driving violation are recorded on an individual's driving licence. When the court mandates an endorsement for an offense that entails mandatory or discretionary disqualification, while the driver remains unqualified, the endorsement will additionally include the number of penalty points assigned for the purpose of totting up.
Upon the court's directive for disqualification, solely the specifics of the offense are recorded. The courts may mandate endorsement following a conviction for the majority of traffic violations, with the primary exceptions being parking infractions. In several instances, endorsement is obligatory unless there are extenuating circumstances, such as a sudden emergency, that justify its absence. A person whose license is subject to endorsement must present it to the court; failure to do so may result in suspension of the license. A driver with an endorsed license may petition for a new "clean" license after a specified duration, often four years, or eleven years for offenses related to drunken driving. According to the Road Traffic (New Drivers) Act 1995, effective 1 June 1997, a driver convicted of an endorsable offense who accumulates 6 or more penalty points within two years of obtaining a driving licence will have their licence revoked and must retake the driving test.
The endorsement of the holder on a bill of exchange is a crucial step in the negotiation or transfer of a bill payable to order. The endorsement requires the bill to be delivered to the transferee. An endorsement in blank consists solely of the holder's signature, rendering the bill payable to the bearer. A special endorsement designates the individual to whom (or to whose order) the bill is payable (e.g., “Pay X or order”). An endorser, via the endorsement of a bill, assumes specific responsibilities towards the holder or a subsequent endorser. 3. The annotation on a document regarding particulars about a subsequent transaction impacting the subject matter of that document. A beneficiary for whom a personal representative signs an assent of property may demand that the details of the assent be included on the document holding the probate or letters of administration. A buyer of a parcel inside a larger tract of land may necessitate a note or memorandum of the conveyance to be inscribed on the title deeds pertaining to the entire plot.
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Legal Terms – enforcement notification
A notification from a local planning authority mandating certain actions to be undertaken within a designated timeframe to rectify an alleged violation of planning regulations (Town & Country Planning Act 1990 § 171A). A breach may occur if development is conducted without planning authorization or in violation of the terms associated with planning permission. A local planning authority aware of a breach of planning control possesses discretion about the enforcement of such infringement. An appeal against the notice may be sent to the Secretary of State on several grounds, including the assertion that planning permission should be given for the development.
A notification from a local planning authority mandating certain actions to be undertaken within a designated timeframe to rectify an alleged violation of planning regulations (Town & Country Planning Act 1990 § 171A). A breach may occur if development is conducted without planning authorization or in violation of the terms associated with planning permission. A local planning authority aware of a breach of planning control possesses discretion about the enforcement of such infringement. An appeal against the notice may be sent to the Secretary of State on several grounds, including the assertion that planning permission should be given for the development.
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Legal Terms - employer and employee
The association between the entities involved in a contract of employment (formerly referred to as "master and servant"). The connection is regulated by the explicit and implicit terms of the contract, as well as by statutory provisions that cannot be excluded from an employment contract. These pertain to, for instance, *unjust termination, *redundancy, *maternity entitlements, *trade union affiliation and activities, and occupational health and *safety. The notion of vicarious responsibility indicates that third parties might hold an employer accountable for specific wrongs perpetrated by an employee during the course of employment.
The association between the entities involved in a contract of employment (formerly referred to as "master and servant"). The connection is regulated by the explicit and implicit terms of the contract, as well as by statutory provisions that cannot be excluded from an employment contract. These pertain to, for instance, *unjust termination, *redundancy, *maternity entitlements, *trade union affiliation and activities, and occupational health and *safety. The notion of vicarious responsibility indicates that third parties might hold an employer accountable for specific wrongs perpetrated by an employee during the course of employment.
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Legal Terms - association of employers
A consortium predominantly comprising employers, whose primary objectives involve the governance of interactions between employers and employees or labor unions. Under the Trade Union and Labour Relations (Consolidation) Act 1992, employers' organizations has a legal status akin to that of trade unions, granting them immunity from specific civil tort proceedings concerning contract interference and trade restraint. An employers' association may be established as either an incorporated or unincorporated entity.
A consortium predominantly comprising employers, whose primary objectives involve the governance of interactions between employers and employees or labor unions. Under the Trade Union and Labour Relations (Consolidation) Act 1992, employers' organizations has a legal status akin to that of trade unions, granting them immunity from specific civil tort proceedings concerning contract interference and trade restraint. An employers' association may be established as either an incorporated or unincorporated entity.
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Legal Terms - employer's liability
The employer's culpability for failing to ensure competent colleagues, safe equipment, a secure work environment, and a reliable work system, including sufficient supervision (Wilson and Clyde Coal Co Ltd v English [1938] AC 57 (HL) 141). This encompasses a need to avoid inflicting psychiatric harm (Barber v Somerset CC [2004] UKHL 13, [2004] 1 WLR 1089; Hartman v South Essex Mental Health and Community Care NHS Trust [2005] EWCA Civ 6, [2005] ICR 782). Liability may arise in tort for damages due to carelessness and for breach of statutory duty under legislation pertaining to workplace safety; criminal consequences may also apply.
The employer's culpability for failing to ensure competent colleagues, safe equipment, a secure work environment, and a reliable work system, including sufficient supervision (Wilson and Clyde Coal Co Ltd v English [1938] AC 57 (HL) 141). This encompasses a need to avoid inflicting psychiatric harm (Barber v Somerset CC [2004] UKHL 13, [2004] 1 WLR 1089; Hartman v South Essex Mental Health and Community Care NHS Trust [2005] EWCA Civ 6, [2005] ICR 782). Liability may arise in tort for damages due to carelessness and for breach of statutory duty under legislation pertaining to workplace safety; criminal consequences may also apply.
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Legal Terms - Employment Appeal Tribunal (EAT)
A legal entity created to adjudicate appeals from employment tribunals. The first structure of the EAT was a High Court judge serving as chairman, accompanied by two to four lay members possessing specialized knowledge or experience as representatives of employers or employees. Since June 2013, a judge typically presides alone. The EAT is limited to adjudicating appeals concerning legal issues, not factual matters. The EAT may permit or reject an appeal or, under specific conditions, refer the case back to the employment tribunal for an additional hearing. In 2013, fees were implemented, requiring anybody seeking to file an appeal to incur charges. The Supreme Court subsequently ruled in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that the imposition of fees was invalid, as it constituted a barrier to access to justice. Parties may be represented at the hearing by any individual of their choosing, regardless of legal credentials. The EAT lacks the authority to execute its own rulings; hence, if an employer neglects to adhere to a compensation order upheld by the EAT, a distinct application must be submitted to the courts for enforcement of the order. A party may seek to appeal a decision rendered by the EAT to the Court of Appeal, but only with the permission of either the EAT or the Court of Appeal. The Employment Tribunals Act 1996 delineates the jurisdiction of the Employment Appeal Tribunal. The EAT often refrains from mandating either party to cover the costs of the other, unless the appeal is deemed frivolous, vexatious, misconceived, or inadequately executed.
A legal entity created to adjudicate appeals from employment tribunals. The first structure of the EAT was a High Court judge serving as chairman, accompanied by two to four lay members possessing specialized knowledge or experience as representatives of employers or employees. Since June 2013, a judge typically presides alone. The EAT is limited to adjudicating appeals concerning legal issues, not factual matters. The EAT may permit or reject an appeal or, under specific conditions, refer the case back to the employment tribunal for an additional hearing. In 2013, fees were implemented, requiring anybody seeking to file an appeal to incur charges. The Supreme Court subsequently ruled in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that the imposition of fees was invalid, as it constituted a barrier to access to justice. Parties may be represented at the hearing by any individual of their choosing, regardless of legal credentials. The EAT lacks the authority to execute its own rulings; hence, if an employer neglects to adhere to a compensation order upheld by the EAT, a distinct application must be submitted to the courts for enforcement of the order. A party may seek to appeal a decision rendered by the EAT to the Court of Appeal, but only with the permission of either the EAT or the Court of Appeal. The Employment Tribunals Act 1996 delineates the jurisdiction of the Employment Appeal Tribunal. The EAT often refrains from mandating either party to cover the costs of the other, unless the appeal is deemed frivolous, vexatious, misconceived, or inadequately executed.
