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Legal Terms – discovery
(in international law) A technique for obtaining territory whereby legitimate ownership can be established by asserting claims over land that is unclaimed (terra nullius). During the initial phase of European exploration, it was believed that the discovery of an uncharted territory granted complete ownership to the state represented by the discoverers. It is now well known that mere discovery is an inadequate basis for proprietary rights.
The differentiation between acquisition by cession and acquisition by discovery was predicated on the contrast between organized and unstructured societies. The North Island of New Zealand was regarded as a case of acquisition via cession, but the South Island, predominantly uninhabited and not often governed by any chiefs, was considered a case of discovery. Similarly, as the discoverers deemed the Australian aborigines incapable of engaging in intelligent land transactions, Australia was regarded as terra nullius.
(in international law) A technique for obtaining territory whereby legitimate ownership can be established by asserting claims over land that is unclaimed (terra nullius). During the initial phase of European exploration, it was believed that the discovery of an uncharted territory granted complete ownership to the state represented by the discoverers. It is now well known that mere discovery is an inadequate basis for proprietary rights.
The differentiation between acquisition by cession and acquisition by discovery was predicated on the contrast between organized and unstructured societies. The North Island of New Zealand was regarded as a case of acquisition via cession, but the South Island, predominantly uninhabited and not often governed by any chiefs, was considered a case of discovery. Similarly, as the discoverers deemed the Australian aborigines incapable of engaging in intelligent land transactions, Australia was regarded as terra nullius.
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Legal Terms – discovery
(in international law) A technique for obtaining territory whereby legitimate ownership can be established by asserting claims over land that is unclaimed (terra nullius). During the initial phase of European exploration, it was believed that the discovery of an uncharted territory granted complete ownership to the state represented by the discoverers. It is now well known that mere discovery is an inadequate basis for proprietary rights.
The differentiation between acquisition by cession and acquisition by discovery was predicated on the contrast between organized and unstructured societies. The North Island of New Zealand was regarded as a case of acquisition via cession, but the South Island, predominantly uninhabited and not often governed by any chiefs, was considered a case of discovery. Similarly, as the discoverers deemed the Australian aborigines incapable of engaging in intelligent land transactions, Australia was regarded as terra nullius.
(in international law) A technique for obtaining territory whereby legitimate ownership can be established by asserting claims over land that is unclaimed (terra nullius). During the initial phase of European exploration, it was believed that the discovery of an uncharted territory granted complete ownership to the state represented by the discoverers. It is now well known that mere discovery is an inadequate basis for proprietary rights.
The differentiation between acquisition by cession and acquisition by discovery was predicated on the contrast between organized and unstructured societies. The North Island of New Zealand was regarded as a case of acquisition via cession, but the South Island, predominantly uninhabited and not often governed by any chiefs, was considered a case of discovery. Similarly, as the discoverers deemed the Australian aborigines incapable of engaging in intelligent land transactions, Australia was regarded as terra nullius.
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Legal Terms - discretionary trust
A trust that grants trustees the discretion to determine the recipients, within a class designated by the settlor, of trust property and the amounts each shall receive. For a trust to be lawful, trustees must ascertain whether any individual is a member of the designated class (the “any given postulant test”; McPhail v Doulton [1970] UKHL 1). A beneficiary of a discretionary trust possesses no actionable entitlement to any portion of the property or its income, as established in Vestey v IRC (No 2) [1979] 2 All ER 225 (HL), Gartside v IRC [1967] UKHL 6, Sainsbury v IRC [1970] Ch 712, and Re Smith [1928] Ch 915.
Discretionary trusts have been crucial in tax liability mitigation; however, current fiscal legislation has significantly diminished their benefits. Discretionary trusts, unless benefiting charities, are now classified as relevant property trusts and incur an inheritance tax liability every decade.
A trust that grants trustees the discretion to determine the recipients, within a class designated by the settlor, of trust property and the amounts each shall receive. For a trust to be lawful, trustees must ascertain whether any individual is a member of the designated class (the “any given postulant test”; McPhail v Doulton [1970] UKHL 1). A beneficiary of a discretionary trust possesses no actionable entitlement to any portion of the property or its income, as established in Vestey v IRC (No 2) [1979] 2 All ER 225 (HL), Gartside v IRC [1967] UKHL 6, Sainsbury v IRC [1970] Ch 712, and Re Smith [1928] Ch 915.
Discretionary trusts have been crucial in tax liability mitigation; however, current fiscal legislation has significantly diminished their benefits. Discretionary trusts, unless benefiting charities, are now classified as relevant property trusts and incur an inheritance tax liability every decade.
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Legal Terms - discrimination
Discriminating against an individual based on non-meritocratic factors, typically due to their affiliation with a specific group or category. The Equality Act 2010 regulates unlawful discrimination. In addition to direct discrimination, this may encompass indirect discrimination, victimization, or harassment. Discrimination based on any of the "protected characteristics" outlined in the Act is illegal: these include race, sex (including gender reassignment), pregnancy (and motherhood), marriage (and civil partnership), sexual orientation, religion or belief, handicap, and age.
The *European Convention on Human Rights, incorporated into UK legislation by the *Human Rights Act 1998, has an anti-discrimination clause in Article 14 (“the prohibition of discrimination”). This renders any discrimination by public authorities on specific grounds, broader than those delineated in the Equality Act, unlawful concerning any rights conferred by the Convention.
Discriminating against an individual based on non-meritocratic factors, typically due to their affiliation with a specific group or category. The Equality Act 2010 regulates unlawful discrimination. In addition to direct discrimination, this may encompass indirect discrimination, victimization, or harassment. Discrimination based on any of the "protected characteristics" outlined in the Act is illegal: these include race, sex (including gender reassignment), pregnancy (and motherhood), marriage (and civil partnership), sexual orientation, religion or belief, handicap, and age.
The *European Convention on Human Rights, incorporated into UK legislation by the *Human Rights Act 1998, has an anti-discrimination clause in Article 14 (“the prohibition of discrimination”). This renders any discrimination by public authorities on specific grounds, broader than those delineated in the Equality Act, unlawful concerning any rights conferred by the Convention.
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LLegal Terms -Director of Public Prosecutions’
The leader of the Crown Prosecution Service (CPS) must possess a legal qualification of no less than ten years. The Director of Public Prosecutions is appointed by the Attorney General and performs his duties under the supervision of the Attorney General. The Director of Public cases, via the Crown Prosecution Service, oversees all criminal cases initiated by the police and may intervene in any criminal proceedings deemed appropriate. Certain statutes necessitate the approval of the DPP for prosecution.
The leader of the Crown Prosecution Service (CPS) must possess a legal qualification of no less than ten years. The Director of Public Prosecutions is appointed by the Attorney General and performs his duties under the supervision of the Attorney General. The Director of Public cases, via the Crown Prosecution Service, oversees all criminal cases initiated by the police and may intervene in any criminal proceedings deemed appropriate. Certain statutes necessitate the approval of the DPP for prosecution.
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Legal Terms -directors’ authority to act
A director's power to represent a corporation may stem from actual or apparent authority. Actual authority can be classified as either express or implied. Express authority is the explicit delegation of authority to a director, as derived from sources such as the articles of association or an employment contract (SMC Electronics Ltd v Akhter Computers Ltd [2001] 1 BCLC 433 (CA)). Implied authority includes usual authority, which pertains to the powers inherent to the office held by the individual, or authority derived from the behavior of the parties, such as when a director has previously been permitted by his principal to exceed his authority (Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549). Apparent (or apparent) authority refers to the authority of an agent as perceived by others; that is, the specific agent possesses designated by their principal as having the necessary authority (Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480).
A director's power to represent a corporation may stem from actual or apparent authority. Actual authority can be classified as either express or implied. Express authority is the explicit delegation of authority to a director, as derived from sources such as the articles of association or an employment contract (SMC Electronics Ltd v Akhter Computers Ltd [2001] 1 BCLC 433 (CA)). Implied authority includes usual authority, which pertains to the powers inherent to the office held by the individual, or authority derived from the behavior of the parties, such as when a director has previously been permitted by his principal to exceed his authority (Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549). Apparent (or apparent) authority refers to the authority of an agent as perceived by others; that is, the specific agent possesses designated by their principal as having the necessary authority (Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480).
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Legal Terms - directors’ duties
Duties incumbent upon a corporate director. The objective of these duties, grounded in common law and equitable principles, is to protect the company's interests. The obligations are owed to the company (Companies Act 2006 s 170) and also extend to *shadow directors as delineated by common law or equitable principles (s 170(5)). The Companies Act delineates seven "general" obligations.
• The obligation to operate within the confines of the company's constitution and to utilize powers for their intended purposes (s 171) (Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821(PC); Eclairs Group Limited v JKX Oil & Gas Plc [2015] UKSC 71); • The obligation to act in good faith to advance the company's success for the benefit of all its members (s 172) (Re Smith & Fawcett Ltd [1942] Ch 304); • The obligation to exercise independent judgment (s 173) (Fulham Football Club Ltd v Cabra Estates plc [1994] 1 BCLC 363(CA)); • The obligation to demonstrate reasonable care, skill, and diligence (s 174) (Re City Equitable Fire Insurance Co Ltd [1925] Ch 407); • The obligation to avoid conflicts of interest (s 175) (Regal (Hastings) Ltd v Gulliver [1942] 2 AC 134(HL)); • The obligation not to accept benefits from third parties (s 176) (Boston Deep Sea Fishing Co v Ansell [1888] 39 Ch D); • The obligation to disclose any interest in proposed transactions or arrangements with the company (s 177).
Duties incumbent upon a corporate director. The objective of these duties, grounded in common law and equitable principles, is to protect the company's interests. The obligations are owed to the company (Companies Act 2006 s 170) and also extend to *shadow directors as delineated by common law or equitable principles (s 170(5)). The Companies Act delineates seven "general" obligations.
• The obligation to operate within the confines of the company's constitution and to utilize powers for their intended purposes (s 171) (Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821(PC); Eclairs Group Limited v JKX Oil & Gas Plc [2015] UKSC 71); • The obligation to act in good faith to advance the company's success for the benefit of all its members (s 172) (Re Smith & Fawcett Ltd [1942] Ch 304); • The obligation to exercise independent judgment (s 173) (Fulham Football Club Ltd v Cabra Estates plc [1994] 1 BCLC 363(CA)); • The obligation to demonstrate reasonable care, skill, and diligence (s 174) (Re City Equitable Fire Insurance Co Ltd [1925] Ch 407); • The obligation to avoid conflicts of interest (s 175) (Regal (Hastings) Ltd v Gulliver [1942] 2 AC 134(HL)); • The obligation not to accept benefits from third parties (s 176) (Boston Deep Sea Fishing Co v Ansell [1888] 39 Ch D); • The obligation to disclose any interest in proposed transactions or arrangements with the company (s 177).
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Legal Terms - Disability Living Allowance (DLA)
A tax-free benefit payable to those under 65 who have had a disability requiring help for at least three months and are likely to need such help for at least a further six months. It comprises two components: a care component, disbursed at three rates for individuals requiring assistance with personal care; and a mobility component, disbursed at two rates for individuals aged three or older who require assistance with ambulation. The fees are contingent upon the degree of assistance needed. For the majority of applicants, the Disability Living Allowance was supplanted by the Personal Independence Payment as of April 2013. Individuals over 65 will continue to receive the allowance, and there are no intentions to substitute it for those under 16.
A tax-free benefit payable to those under 65 who have had a disability requiring help for at least three months and are likely to need such help for at least a further six months. It comprises two components: a care component, disbursed at three rates for individuals requiring assistance with personal care; and a mobility component, disbursed at two rates for individuals aged three or older who require assistance with ambulation. The fees are contingent upon the degree of assistance needed. For the majority of applicants, the Disability Living Allowance was supplanted by the Personal Independence Payment as of April 2013. Individuals over 65 will continue to receive the allowance, and there are no intentions to substitute it for those under 16.
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Legal Terms - Disability Rights Commission (DRC)
An entity created in 2000 by the Disability Rights Commission Act 1999 to oversee the implementation of the Disability Discrimination Acts 1995–2005 and to advocate for equal opportunities for those with disabilities. As of 1 October 2007, the functions of the DRC have been incorporated into the Equality and Human Rights Commission.
An entity created in 2000 by the Disability Rights Commission Act 1999 to oversee the implementation of the Disability Discrimination Acts 1995–2005 and to advocate for equal opportunities for those with disabilities. As of 1 October 2007, the functions of the DRC have been incorporated into the Equality and Human Rights Commission.
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Legal Terms - disabled person
According to the Equality Act 2010 (and previously the Disability Discrimination Act 1995), an individual with a physical or mental impairment that significantly and persistently affects their capacity to perform daily activities, and may deteriorate over time, qualifies as disabled; certain conditions, such as HIV and multiple sclerosis, are recognized from the moment of diagnosis. The 2010 Act prohibits discrimination against an individual exclusively on the basis of a disability (e.g., denying employment to a qualified candidate due to cerebral palsy or limited sight). When discrimination arises due to a person's disability, an employer may invoke a defense of justification (e.g., when a wheelchair user is denied employment because the office is located up a steep flight of stairs without an elevator). Nonetheless, the employer is obligated to implement reasonable accommodations for an individual with a disability. These may encompass modifications to premises (e.g. a stairlift) or adjustments to working circumstances. Individuals with disabilities are also safeguarded against *indirect discrimination, *harassment, and *victimization. The legislation is applicable to all employers, irrespective of their size. The Act is supervised by the Equality and Human Rights Commission, which succeeded the Disability Rights Commission.
According to the Equality Act 2010 (and previously the Disability Discrimination Act 1995), an individual with a physical or mental impairment that significantly and persistently affects their capacity to perform daily activities, and may deteriorate over time, qualifies as disabled; certain conditions, such as HIV and multiple sclerosis, are recognized from the moment of diagnosis. The 2010 Act prohibits discrimination against an individual exclusively on the basis of a disability (e.g., denying employment to a qualified candidate due to cerebral palsy or limited sight). When discrimination arises due to a person's disability, an employer may invoke a defense of justification (e.g., when a wheelchair user is denied employment because the office is located up a steep flight of stairs without an elevator). Nonetheless, the employer is obligated to implement reasonable accommodations for an individual with a disability. These may encompass modifications to premises (e.g. a stairlift) or adjustments to working circumstances. Individuals with disabilities are also safeguarded against *indirect discrimination, *harassment, and *victimization. The legislation is applicable to all employers, irrespective of their size. The Act is supervised by the Equality and Human Rights Commission, which succeeded the Disability Rights Commission.
