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Legal Terms - deemed domicile
An individual not domiciled in the UK is treated as having a UK *domicile for the purposes of determining his or her liability to inheritance tax, income tax, and capital gains tax if they have resided in the country for more than 14 of the 20 years prior to the occasion of charge, or if they were born in the country with a UK domicile of origin and were in the country for the tax year of charge (or, in the case of inheritance tax only, the previous year): see Inheritance Tax Act 1984 s 267, Income Tax Act 2007 s 835BA. This is an inheritance tax levy based on international income (or worldwide estate in the case of inheritance tax). Additionally, the provision applies inheritance tax worldwide for three years following a person's departure from a UK component area.
An individual not domiciled in the UK is treated as having a UK *domicile for the purposes of determining his or her liability to inheritance tax, income tax, and capital gains tax if they have resided in the country for more than 14 of the 20 years prior to the occasion of charge, or if they were born in the country with a UK domicile of origin and were in the country for the tax year of charge (or, in the case of inheritance tax only, the previous year): see Inheritance Tax Act 1984 s 267, Income Tax Act 2007 s 835BA. This is an inheritance tax levy based on international income (or worldwide estate in the case of inheritance tax). Additionally, the provision applies inheritance tax worldwide for three years following a person's departure from a UK component area.
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Legal Terms - deep seabed area
This is defined as the ocean bottom and its subsoil outside the boundaries of sovereign jurisdiction (that is, outside *territorial waters and any claimed *economic exclusion zone) under Article 1 of the 1982 United Nations Law of the Sea Treaty. The riches in this region—often referred to in literature as just "the Area"—are recognized as the *common heritage of humanity by international agreement. The International Seabed Authority (ISA) is tasked with overseeing and regulating deep seabed mining in the region as per the terms of the 1982 Treaty. Also see HIGH SEAS.
de facto: Existing as a matter of fact rather than right [Latin: in fact]. For example, if a foreign government holds de facto power over a nation although lacking the legal authority to do so, the government may acknowledge it.
This is defined as the ocean bottom and its subsoil outside the boundaries of sovereign jurisdiction (that is, outside *territorial waters and any claimed *economic exclusion zone) under Article 1 of the 1982 United Nations Law of the Sea Treaty. The riches in this region—often referred to in literature as just "the Area"—are recognized as the *common heritage of humanity by international agreement. The International Seabed Authority (ISA) is tasked with overseeing and regulating deep seabed mining in the region as per the terms of the 1982 Treaty. Also see HIGH SEAS.
de facto: Existing as a matter of fact rather than right [Latin: in fact]. For example, if a foreign government holds de facto power over a nation although lacking the legal authority to do so, the government may acknowledge it.
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Legal Terms - de facto director
An individual who is not officially or legally designated as a director of a firm, but who may nonetheless be viewed as one in practice because, for example, he is permitted to hold the office of director or takes on director-related duties (Ultraframe v. Fielding). Statek Corporation v. Alford [2008] EWHC 32 (Ch), [2008] BCC 266; [2005] EWHC 1638 (Ch), [2005] All ER (D) 397).
An individual who is not officially or legally designated as a director of a firm, but who may nonetheless be viewed as one in practice because, for example, he is permitted to hold the office of director or takes on director-related duties (Ultraframe v. Fielding). Statek Corporation v. Alford [2008] EWHC 32 (Ch), [2008] BCC 266; [2005] EWHC 1638 (Ch), [2005] All ER (D) 397).
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Legal Terms - defamation
n. The *publication of an untrue statement about a person that tends to lower his reputation in the opinion of right-thinking members of the community (Sim v Stretch [1936] 2 ALL ER 1237 (HL)) or to make them shun or avoid him. The Defamation Act 2013 introduced a further threshold test, providing that a statement is not defamatory unless *serious harm to the claimant’s reputation has been caused or is likely to occur. Defamation is usually in words, but pictures, gestures, and other acts can be defamatory. In English law, a distinction is made between defamation in
permanent form (see LIBEL) and defamation not in permanent form (see
SLANDER). This distinction is not made in Scotland. The remedies in tort for defamation are damages and injunction.
In English law, the basis of the tort is injury to reputation, so it must be proved that the statement was communicated to someone other than the person defamed. In Scottish law, defamation includes injury to the feelings of the person defamed as well as injury to reputation, so an action can be brought when a statement is communicated only to the person defamed. If the statement is not obviously defamatory, the claimant must show that it
would be understood in a defamatory sense (see INNUENDO). It is not necessary to prove that the defendant intended to refer to the claimant. The test is whether reasonable people would think the statement referred to him, but the defendant may escape liability for unintentional defamation by makingan *offer of amends.
Other defences are *truth (formerly known as justification), *honest opinion (formerly known as, fair comment), *absolute privilege, and *qualified privilege. The 2013 Act also extends privilege to *peer-reviewed statements in scientific or academic journals. A new statutory defence is created for operators of websites in respect of statements posted by third parties; the defence is lost if the operator fails to remove the defamatory posting after having been notified by a claimant who is unable to identify the poster sufficiently to take action against him in person.
All those involved in the publication of a defamatory statement, such as printers, publishers, and broadcasting companies, are liable and every repetition of a defamatory statement is a fresh publication, giving rise to a new cause of action. A mere distributor of a book, newspaper, etc., may have a defence of innocent dissemination if he was not the author, editor, or commercial publisher; took reasonable care in relation to the publication, and did not know and had no reason to know of its defamatory contents (Defamation Act 1996 s 1). The Defamation Act 1996 introduced a summary procedure for claims of less than £10,000 to be heard by a judge alone but did not otherwise change the rule that the jury and not the judge decides on the damages in defamation cases. The *limitation period was reduced to one year. The Defamation Act 2013 now provides for trial without jury unless the court orders otherwise.
n. The *publication of an untrue statement about a person that tends to lower his reputation in the opinion of right-thinking members of the community (Sim v Stretch [1936] 2 ALL ER 1237 (HL)) or to make them shun or avoid him. The Defamation Act 2013 introduced a further threshold test, providing that a statement is not defamatory unless *serious harm to the claimant’s reputation has been caused or is likely to occur. Defamation is usually in words, but pictures, gestures, and other acts can be defamatory. In English law, a distinction is made between defamation in
permanent form (see LIBEL) and defamation not in permanent form (see
SLANDER). This distinction is not made in Scotland. The remedies in tort for defamation are damages and injunction.
In English law, the basis of the tort is injury to reputation, so it must be proved that the statement was communicated to someone other than the person defamed. In Scottish law, defamation includes injury to the feelings of the person defamed as well as injury to reputation, so an action can be brought when a statement is communicated only to the person defamed. If the statement is not obviously defamatory, the claimant must show that it
would be understood in a defamatory sense (see INNUENDO). It is not necessary to prove that the defendant intended to refer to the claimant. The test is whether reasonable people would think the statement referred to him, but the defendant may escape liability for unintentional defamation by makingan *offer of amends.
Other defences are *truth (formerly known as justification), *honest opinion (formerly known as, fair comment), *absolute privilege, and *qualified privilege. The 2013 Act also extends privilege to *peer-reviewed statements in scientific or academic journals. A new statutory defence is created for operators of websites in respect of statements posted by third parties; the defence is lost if the operator fails to remove the defamatory posting after having been notified by a claimant who is unable to identify the poster sufficiently to take action against him in person.
All those involved in the publication of a defamatory statement, such as printers, publishers, and broadcasting companies, are liable and every repetition of a defamatory statement is a fresh publication, giving rise to a new cause of action. A mere distributor of a book, newspaper, etc., may have a defence of innocent dissemination if he was not the author, editor, or commercial publisher; took reasonable care in relation to the publication, and did not know and had no reason to know of its defamatory contents (Defamation Act 1996 s 1). The Defamation Act 1996 introduced a summary procedure for claims of less than £10,000 to be heard by a judge alone but did not otherwise change the rule that the jury and not the judge decides on the damages in defamation cases. The *limitation period was reduced to one year. The Defamation Act 2013 now provides for trial without jury unless the court orders otherwise.
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Legal Terms - default
not doing something that the law requires you to do, usually not following the legal procedural requirements. Part 12 of the *Civil Procedure Rules permits the claimant to obtain judgment in default from a defendant in civil proceedings who has defaulted by neglecting to file an acknowledgement of service or a defense.
not doing something that the law requires you to do, usually not following the legal procedural requirements. Part 12 of the *Civil Procedure Rules permits the claimant to obtain judgment in default from a defendant in civil proceedings who has defaulted by neglecting to file an acknowledgement of service or a defense.
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Legal Terms - default notice
a notification that must be given to a party who violates a contract before pursuing legal action against them. In accordance with the Consumer Credit Act of 1974, before a creditor or owner may terminate an agreement, demand early payment of any amount, reclaim possession of any goods or land, treat any rights granted to the debtor or hirer by the agreement as terminated, restricted, or deferred, or enforce any security, the creditor or owner must serve a default notice on the debtor or hirer in violation of a regulated agreement.
The type of breach, the necessary remedial action (if any), and the deadline for taking that action must all be included in the notice. The notice must state the amount (if any) that must be paid in compensation and the deadline for payment if there is no way to address the breach.
a notification that must be given to a party who violates a contract before pursuing legal action against them. In accordance with the Consumer Credit Act of 1974, before a creditor or owner may terminate an agreement, demand early payment of any amount, reclaim possession of any goods or land, treat any rights granted to the debtor or hirer by the agreement as terminated, restricted, or deferred, or enforce any security, the creditor or owner must serve a default notice on the debtor or hirer in violation of a regulated agreement.
The type of breach, the necessary remedial action (if any), and the deadline for taking that action must all be included in the notice. The notice must state the amount (if any) that must be paid in compensation and the deadline for payment if there is no way to address the breach.
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Legal Terms - default summons
A summons was once used to start legal proceedings in county courts where money was the only redress sought. These claims are now submitted using *claim forms under Part 7 of the *Civil Procedure Rules.
A summons was once used to start legal proceedings in county courts where money was the only redress sought. These claims are now submitted using *claim forms under Part 7 of the *Civil Procedure Rules.
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Legal Terms – Defeasance
A clause stating that an estate or interest created will be null and invalid upon the performance of a specific act or the happening of a specific event. A deed with a defeasance clause is called a *mortgage.
A clause stating that an estate or interest created will be null and invalid upon the performance of a specific act or the happening of a specific event. A deed with a defeasance clause is called a *mortgage.
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Legal Terms – defect
1. A fault or failing in a thing. A latent defect is one that is initially undetectable while an evident defect is one that is immediately visible. If there is a latent flaw in the goods, the buyer typically has legal recourse against a professional seller. If he had the chance to inspect the items before purchasing, he often has no recourse in the event of a patent defect.
2.(A product's flaw) a product defect as specified by the Consumer Protection Act of 1987. When a product's safety is below what the general public is entitled to expect, it is considered defective under the Act. When assessing the reasonable expectations of individuals, consideration should be given to the product's markings, any accompanying cautions, and the delivery schedule. The Act puts into effect *product responsibility EU Directive 85/374. The Latent Damage Act of 1986 extends the statute of limitations for bringing legal action to three years from the day the latent flaw manifests itself.
1. A fault or failing in a thing. A latent defect is one that is initially undetectable while an evident defect is one that is immediately visible. If there is a latent flaw in the goods, the buyer typically has legal recourse against a professional seller. If he had the chance to inspect the items before purchasing, he often has no recourse in the event of a patent defect.
2.(A product's flaw) a product defect as specified by the Consumer Protection Act of 1987. When a product's safety is below what the general public is entitled to expect, it is considered defective under the Act. When assessing the reasonable expectations of individuals, consideration should be given to the product's markings, any accompanying cautions, and the delivery schedule. The Act puts into effect *product responsibility EU Directive 85/374. The Latent Damage Act of 1986 extends the statute of limitations for bringing legal action to three years from the day the latent flaw manifests itself.
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Legal Terms - declaration of parentage
a ruling made by a court under the Family Law Act of 1986 about the parenthood of a designated individual. Generally, an application will only be considered by the court if the applicant has a strong enough stake in the result of the case. Scientific testing is the most reliable method of establishing paternity (e.g. blood tests or, increasingly, more routinely, DNA tests). Although the court can generally order these tests, it cannot force an adult to have them performed without the permission of that adult. But if you refuse, the court might make unfavorable assumptions (such that a specific individual is the child's father). When a kid under the age of sixteen gives agreement or the court determines that a test would be in the child's best interests, a "bodily sample" may be obtained from the youngster. The stance taken by the courts—Re F (A Minor: Paternity test) [1993] 1 FLR 598 (CA); Re H (Paternity: Blood test) [1996] 2 FLR 65 (CA); Re K (Specific issue order) [1999] 2 FLR 280; Re T (Paternity: ordering blood tests) [2001] 2 FLR 1190—is that in most cases the child's best interests will be served by learning the truth. The Child Support Act of 1991 permits a statement of parenthood akin to this one.
a ruling made by a court under the Family Law Act of 1986 about the parenthood of a designated individual. Generally, an application will only be considered by the court if the applicant has a strong enough stake in the result of the case. Scientific testing is the most reliable method of establishing paternity (e.g. blood tests or, increasingly, more routinely, DNA tests). Although the court can generally order these tests, it cannot force an adult to have them performed without the permission of that adult. But if you refuse, the court might make unfavorable assumptions (such that a specific individual is the child's father). When a kid under the age of sixteen gives agreement or the court determines that a test would be in the child's best interests, a "bodily sample" may be obtained from the youngster. The stance taken by the courts—Re F (A Minor: Paternity test) [1993] 1 FLR 598 (CA); Re H (Paternity: Blood test) [1996] 2 FLR 65 (CA); Re K (Specific issue order) [1999] 2 FLR 280; Re T (Paternity: ordering blood tests) [2001] 2 FLR 1190—is that in most cases the child's best interests will be served by learning the truth. The Child Support Act of 1991 permits a statement of parenthood akin to this one.
