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Legal Terms – devise
1. n. A testamentary gift of real property; the recipient is referred to as the devisee. A devise can be particular (e.g., “my house, Blackacre, to A”), general (e.g., “all my real property to B”), or residuary (e.g., following a specific devise, “...and the remainder of my real property to C”). 2. vb. To bequeath real property through a will.
1. n. A testamentary gift of real property; the recipient is referred to as the devisee. A devise can be particular (e.g., “my house, Blackacre, to A”), general (e.g., “all my real property to B”), or residuary (e.g., following a specific devise, “...and the remainder of my real property to C”). 2. vb. To bequeath real property through a will.
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Legal Terms - Devolution n. 1. The transfer of legislative or executive powers from the central government to a regional authority for domestic matters within that region. The term is predominantly utilized in relation to such functions in Scotland, Wales, and Northern Ireland. The Scotland Act 1998 transferred authority to the Scottish Parliament, permitting it to enact specific legislation in designated policy areas. The UK Parliament retained the authority to legislate for Scotland. The Government of Wales Act 1998 conferred restricted administrative authority to the Welsh Assembly, and subsequent legislation endowed the Assembly with legislative capabilities. The Assembly was renamed the *Welsh Parliament in 2020. The Northern Ireland Act 1998 instituted an elected Northern Ireland Assembly with a power-sharing executive, and authority was devolved in December 1999. The Northern Ireland Act 2000 permits the reversion of power to the UK.
Parliament has suspended the Northern Ireland Assembly until the Secretary of State issues a restoration order. The Assembly was suspended from January 2017 till January 2020. The transfer of property from one owner to another, which may occur upon death, sale, as a gift, by legal mandate, or through other means.
Parliament has suspended the Northern Ireland Assembly until the Secretary of State issues a restoration order. The Assembly was suspended from January 2017 till January 2020. The transfer of property from one owner to another, which may occur upon death, sale, as a gift, by legal mandate, or through other means.
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Legal Terms- dictum
[Latin: a saying] An observation by a judge with respect to a point of law arising in a case before him.
[Latin: a saying] An observation by a judge with respect to a point of law arising in a case before him.
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Legal Terms - dies non juridicus
A day on which the courts are not in session, such as a Sunday.
A day on which the courts are not in session, such as a Sunday.
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Legal Terms - Digital Case System (DCS)
An online system for the management of cases presented by the Crown Prosecution Service (CPS) in the Crown Court. The court and the parties involved in the case have the ability to access evidential and administrative material from an electronic file that is maintained by the CPS. When documents are submitted onto the system, they are deemed to have been served. Cases initiated by other prosecuting agencies are not subject to the digital case system. The *Criminal Procedure Rules establish regulations regarding the service of electronic documents in Part 4.6.
An online system for the management of cases presented by the Crown Prosecution Service (CPS) in the Crown Court. The court and the parties involved in the case have the ability to access evidential and administrative material from an electronic file that is maintained by the CPS. When documents are submitted onto the system, they are deemed to have been served. Cases initiated by other prosecuting agencies are not subject to the digital case system. The *Criminal Procedure Rules establish regulations regarding the service of electronic documents in Part 4.6.
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Legal Terms - digital services
In recent years, the UK government, like to other governments, has endeavored to impose taxes on online business activities. The Finance Act 2020, sections 39–72, establishes a new tax on "digital services," defined as (a) a social media service, (b) an internet search engine, or (c) an online marketplace. The Digital Services Tax is a levy on UK digital services income (not profit), effective from 1 April 2020, at a rate of 2% on yearly revenue exceeding £25 million. A formula exists to ascertain the portion of a company's revenue, derived from foreign operations, that qualifies as "UK digital services revenue."
This is supplementary to UK VAT, imposed on the provision of goods or services within the UK (Value Added Tax Act 1994 § 4). The Finance Act 2018 conferred upon HM Revenue and Customs enhanced authority to collect VAT on supplies made via a "online marketplace," defined as "a website ... by“The information that is made accessible ... through which individuals ... can provide goods for sale” (see to VAT Act 1994 s 77B and sch 1A). The concept of "supply in the UK" is thoroughly examined concerning a Dutch firm delivering goods to UK clients in Healthspan Ltd v R & C Commrs [2018] UKFTT 241 (TC). The Court of Appeal examined the VAT obligations of the online booking services offered by lastminute.com and Holiday Autos in Secret Hotels2 Ltd v R & C Commrs [2012] EWCA Civ 1571, determining that the services are subject to UK VAT, despite the hotels and cars being located outside the UK.
In recent years, the UK government, like to other governments, has endeavored to impose taxes on online business activities. The Finance Act 2020, sections 39–72, establishes a new tax on "digital services," defined as (a) a social media service, (b) an internet search engine, or (c) an online marketplace. The Digital Services Tax is a levy on UK digital services income (not profit), effective from 1 April 2020, at a rate of 2% on yearly revenue exceeding £25 million. A formula exists to ascertain the portion of a company's revenue, derived from foreign operations, that qualifies as "UK digital services revenue."
This is supplementary to UK VAT, imposed on the provision of goods or services within the UK (Value Added Tax Act 1994 § 4). The Finance Act 2018 conferred upon HM Revenue and Customs enhanced authority to collect VAT on supplies made via a "online marketplace," defined as "a website ... by“The information that is made accessible ... through which individuals ... can provide goods for sale” (see to VAT Act 1994 s 77B and sch 1A). The concept of "supply in the UK" is thoroughly examined concerning a Dutch firm delivering goods to UK clients in Healthspan Ltd v R & C Commrs [2018] UKFTT 241 (TC). The Court of Appeal examined the VAT obligations of the online booking services offered by lastminute.com and Holiday Autos in Secret Hotels2 Ltd v R & C Commrs [2012] EWCA Civ 1571, determining that the services are subject to UK VAT, despite the hotels and cars being located outside the UK.
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Legal Terms- devil
A junior barrister who does tasks (often drafting statements of case or composing opinions) for a more senior barrister under an informal agreement, without consulting the senior's instructing solicitor. The Junior Counsel to the Treasury is occasionally termed the Attorney General’s devil. 2. n. In Scotland, a trainee or apprentice advocate; a period of devilling entails undertaking advocacy skills courses and apprenticing under one major devilmaster and at least one additional devilmaster to prepare for practice. 3. vb. To perform the role of a devil.
A junior barrister who does tasks (often drafting statements of case or composing opinions) for a more senior barrister under an informal agreement, without consulting the senior's instructing solicitor. The Junior Counsel to the Treasury is occasionally termed the Attorney General’s devil. 2. n. In Scotland, a trainee or apprentice advocate; a period of devilling entails undertaking advocacy skills courses and apprenticing under one major devilmaster and at least one additional devilmaster to prepare for practice. 3. vb. To perform the role of a devil.
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Routledge v Grant (1828) Court of Common Pleas
On 18 March 1825, the defendant submitted a written proposal to purchase a lease from the plaintiff under specific conditions, stating that 'a definitive response will be provided within six weeks from 18 March 1825.' The six-week period concluded on May 1. The defendant retracted his offer on 9 April, and the plaintiff attempted to accept it on 29 April. A determination was made that no enforceable contract existed.
Per Best CJ:
...if six weeks are given on one side to accept the offer, the other has six weeks to put an end to it... Till both parties are agreed, either has a right to be off... As the defendant repudiated the contract on the 9 of April, before the expiration of the six weeks, he had a right to say that the plaintiff should not enforce it afterwards.
On 18 March 1825, the defendant submitted a written proposal to purchase a lease from the plaintiff under specific conditions, stating that 'a definitive response will be provided within six weeks from 18 March 1825.' The six-week period concluded on May 1. The defendant retracted his offer on 9 April, and the plaintiff attempted to accept it on 29 April. A determination was made that no enforceable contract existed.
Per Best CJ:
...if six weeks are given on one side to accept the offer, the other has six weeks to put an end to it... Till both parties are agreed, either has a right to be off... As the defendant repudiated the contract on the 9 of April, before the expiration of the six weeks, he had a right to say that the plaintiff should not enforce it afterwards.
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Entores Limited v. Miles Far East Corporation (1955) Court of Appeal
A contract for the sale of 100 tons of copper cathodes was executed via telex between the plaintiff in England and the defendants in the Netherlands. The defendants contested the approval to issue a writ beyond the jurisdiction.
Per Denning LJ
The offer was sent by telex from England...and accepted by telex from Holland. The question for our determination is where was the contract made?
A telex contract is established upon receipt of acceptance, in this instance, in England. Acceptance must generally be conveyed to the offeror, with the postal rule serving as an exception to this principle. The basic rule pertains to instantaneous communications, including face-to-face conversation, telephone calls, and telex. The sender of an acceptance typically knows whether the offeror has received it in such instances. According to Denning LJ (obiter), if a situation occurs where an acceptance is not received and the offeror is culpable for failing to notify the offeree of the issue, the offeror would be estopped from disputing receipt and would be obligated to adhere to the contract.
A contract for the sale of 100 tons of copper cathodes was executed via telex between the plaintiff in England and the defendants in the Netherlands. The defendants contested the approval to issue a writ beyond the jurisdiction.
Per Denning LJ
The offer was sent by telex from England...and accepted by telex from Holland. The question for our determination is where was the contract made?
A telex contract is established upon receipt of acceptance, in this instance, in England. Acceptance must generally be conveyed to the offeror, with the postal rule serving as an exception to this principle. The basic rule pertains to instantaneous communications, including face-to-face conversation, telephone calls, and telex. The sender of an acceptance typically knows whether the offeror has received it in such instances. According to Denning LJ (obiter), if a situation occurs where an acceptance is not received and the offeror is culpable for failing to notify the offeree of the issue, the offeror would be estopped from disputing receipt and would be obligated to adhere to the contract.
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Brinkibon Limited v Stahag Stahl GmbH (1982) HL
A contract for the sale of steel bars was executed by telex between the appellants in London and the respondents in Vienna. The appellants requested permission to issue a writ beyond the jurisdiction. The inquiry was, as stated by Lord Wilberforce, 'whether an acceptance transmitted via telex from London and received in Vienna constitutes a contract formed in London or in Vienna.'
The decision in Entores Limited v Miles Far East Corporation was accurate. This was articulated by Lord Wilberforce as a straightforward instance of immediate communication between parties, indicating that the contract, if existent, was established at the time and location the acceptance was received. This occurred in Vienna.
Nonetheless, their Lordships acknowledged the potential that the rule may not be applicable to a more complex telex case. According to Lord Wilberforce:
No universal rule can cover all such cases: they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgment where the risks should lie.
A contract for the sale of steel bars was executed by telex between the appellants in London and the respondents in Vienna. The appellants requested permission to issue a writ beyond the jurisdiction. The inquiry was, as stated by Lord Wilberforce, 'whether an acceptance transmitted via telex from London and received in Vienna constitutes a contract formed in London or in Vienna.'
The decision in Entores Limited v Miles Far East Corporation was accurate. This was articulated by Lord Wilberforce as a straightforward instance of immediate communication between parties, indicating that the contract, if existent, was established at the time and location the acceptance was received. This occurred in Vienna.
Nonetheless, their Lordships acknowledged the potential that the rule may not be applicable to a more complex telex case. According to Lord Wilberforce:
No universal rule can cover all such cases: they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgment where the risks should lie.
