- Published on
Legal Terms – contributory
n. Any individual, either current or former, who may be required to contribute to the assets of the company in the case of a *winding-up. In a business limited by shares, the maximum liability is capped at the outstanding amount on shares.This sum is still owed by a former member if *winding-up occurs within a year.
n. Any individual, either current or former, who may be required to contribute to the assets of the company in the case of a *winding-up. In a business limited by shares, the maximum liability is capped at the outstanding amount on shares.This sum is still owed by a former member if *winding-up occurs within a year.
- Published on
Legal Terms - contributory negligence
A person's disregard for his own interests or safety, which materially adds to the harm he suffers from a combination of his own fault and that of another person or people. Contributory negligence in highway accidents thus frequently takes the form of reckless driving, knowing that a motorist is intoxicated, and failing to use a seat belt. The Law Reform (Contributory Negligence) Act 1945 bestowed a broad authority for damages allocation. Contributory negligence has the effect of lowering the claimant's damages by an amount determined by the court to be just and equitable. The defense is most frequently used in cases involving negligence, although it can also be used to defend against other torts, including as nuisance, the Rylands v. Fletcher rule, breach of statutory duty, and the Animals Act of 1971.
In certain cases, contributory negligence may also serve as a defense for claims of contract violations. The Torts (Interference with Goods) Act of 1977 states that it is not a defense against *conversion or intentional trespassing onto goods.
A person's disregard for his own interests or safety, which materially adds to the harm he suffers from a combination of his own fault and that of another person or people. Contributory negligence in highway accidents thus frequently takes the form of reckless driving, knowing that a motorist is intoxicated, and failing to use a seat belt. The Law Reform (Contributory Negligence) Act 1945 bestowed a broad authority for damages allocation. Contributory negligence has the effect of lowering the claimant's damages by an amount determined by the court to be just and equitable. The defense is most frequently used in cases involving negligence, although it can also be used to defend against other torts, including as nuisance, the Rylands v. Fletcher rule, breach of statutory duty, and the Animals Act of 1971.
In certain cases, contributory negligence may also serve as a defense for claims of contract violations. The Torts (Interference with Goods) Act of 1977 states that it is not a defense against *conversion or intentional trespassing onto goods.
- Published on
Legal Terms - controlled drugs
Dangerous drugs that are subject to criminal regulation. In the Misuse of Drugs Act 1971 these are grouped in three classes: A, B, and C. Class A is the most dangerous and includes opium and its natural and synthetic derivatives (e.g. morphine and heroin), cocaine, and Ecstasy. Class B includes amphetamines and C—the least dangerous class—includes anabolic steroids and benzodiazepine antidepressants. It is an offence to possess a controlled drug or to supply or offer it to another.
Under the Drug Trafficking Offences Act 1986, the Crown Court must impose a *confiscation order when a person who has benefited from drug trafficking is sentenced for a related offence. The amount of the order is the proceeds of the offender’s trafficking or, if less, the amount realizable from his property. Imprisonment follows any default. The Act also penalizes those assisting in the retention of drug trafficking proceeds or disclosing information likely to prejudice a drug trafficking investigation. Under the
Crime (Sentences) Act 1997 there is an automatic seven-year minimum sentence on third-time dealers in Class A drugs. However, judges may give a lesser sentence if the court considers the minimum would be unjust in all
the circumstances.
Dangerous drugs that are subject to criminal regulation. In the Misuse of Drugs Act 1971 these are grouped in three classes: A, B, and C. Class A is the most dangerous and includes opium and its natural and synthetic derivatives (e.g. morphine and heroin), cocaine, and Ecstasy. Class B includes amphetamines and C—the least dangerous class—includes anabolic steroids and benzodiazepine antidepressants. It is an offence to possess a controlled drug or to supply or offer it to another.
Under the Drug Trafficking Offences Act 1986, the Crown Court must impose a *confiscation order when a person who has benefited from drug trafficking is sentenced for a related offence. The amount of the order is the proceeds of the offender’s trafficking or, if less, the amount realizable from his property. Imprisonment follows any default. The Act also penalizes those assisting in the retention of drug trafficking proceeds or disclosing information likely to prejudice a drug trafficking investigation. Under the
Crime (Sentences) Act 1997 there is an automatic seven-year minimum sentence on third-time dealers in Class A drugs. However, judges may give a lesser sentence if the court considers the minimum would be unjust in all
the circumstances.
- Published on
Legal Terms - controlled foreign company
Corporation tax is levied on a UK company for profits made by a "controlled foreign company" (CFC), restricting the capacity of a transnational group of enterprises to enjoy profit without any payment to UK tax. The Finance Act 2012 sch 20 updated the definition of a CFC and the process for accomplishing this goal. A firm that is not based in the UK but is under the management of people or businesses who do is known as a CFC. If a CFC's profits fall into what the Act refers to as the "business profits gateway" or the "financial profits gateway," the corporation's UK-resident corporate owners will be responsible for paying the taxes (not the individuals who own the business). In general, these are defined with the aim of charging profits that, in the absence of tax planning techniques, may have been expected to have generated in the UK on a commercial basis. Because it is recognized as a controlled foreign corporation, a subsidiary operating in a tax haven that uses the assets of its UK parent is likely to have its profits assessed against the parent.
A charge to *diverted profits tax, which is levied at a higher rate, may occur in cases when foreign profits are not included in the UK tax net by the CFC legislation.
Corporation tax is levied on a UK company for profits made by a "controlled foreign company" (CFC), restricting the capacity of a transnational group of enterprises to enjoy profit without any payment to UK tax. The Finance Act 2012 sch 20 updated the definition of a CFC and the process for accomplishing this goal. A firm that is not based in the UK but is under the management of people or businesses who do is known as a CFC. If a CFC's profits fall into what the Act refers to as the "business profits gateway" or the "financial profits gateway," the corporation's UK-resident corporate owners will be responsible for paying the taxes (not the individuals who own the business). In general, these are defined with the aim of charging profits that, in the absence of tax planning techniques, may have been expected to have generated in the UK on a commercial basis. Because it is recognized as a controlled foreign corporation, a subsidiary operating in a tax haven that uses the assets of its UK parent is likely to have its profits assessed against the parent.
A charge to *diverted profits tax, which is levied at a higher rate, may occur in cases when foreign profits are not included in the UK tax net by the CFC legislation.
- Published on
Legal Terms - controlled trust
a trust when the sole trustees are one or more solicitors or their staff members. The Solicitors Act of 1974 established special accounts regulations that apply to these trusts. Violations of these rules can be brought before the Solicitors' Disciplinary Tribunal
a trust when the sole trustees are one or more solicitors or their staff members. The Solicitors Act of 1974 established special accounts regulations that apply to these trusts. Violations of these rules can be brought before the Solicitors' Disciplinary Tribunal
- Published on
Legal Terms-controller
n. (business law) Specifically, a person who owns shares that grant them the majority of the *voting power at a general meeting. In actuality, a director with no authority can frequently exercise effective control.
voting power—or, in the event that he can influence *proxy voting, a portion of it.
n. (business law) Specifically, a person who owns shares that grant them the majority of the *voting power at a general meeting. In actuality, a director with no authority can frequently exercise effective control.
voting power—or, in the event that he can influence *proxy voting, a portion of it.
- Published on
Legal Terms – Contumacy
The act of disobeying a court's orders or of refusing to appear in court when duly summoned
The act of disobeying a court's orders or of refusing to appear in court when duly summoned
- Published on
Legal Terms -convention
1. A *treaty, typically involving multiple parties. The International Law Commission drafts conventions on a range of topics to advance the field of international law. The *International Court of Justice Statute, in its reference to recognized legal sources, mentions "international conventions, whether general or particular, establishing rules expressly recognised by the contesting states" (Article 38(1)(a)). 2. A formal agreement that is ratified by international organizations to govern themselves.
1. A *treaty, typically involving multiple parties. The International Law Commission drafts conventions on a range of topics to advance the field of international law. The *International Court of Justice Statute, in its reference to recognized legal sources, mentions "international conventions, whether general or particular, establishing rules expressly recognised by the contesting states" (Article 38(1)(a)). 2. A formal agreement that is ratified by international organizations to govern themselves.
- Published on
Legal Terms – contraband
n. 1. Goods whose import or export is forbidden. 2. (Wartime contraband) Items (like weapons) transported by a belligerent or neutral vessel (ship or aircraft) during a conflict and intended for use by one belligerent power against the other (or capable of being utilized in that capacity). Historically, items with peaceful purposes that could yet aid a belligerent were considered conditional contraband, but weapons and other military hardware were considered absolute contraband. Although officially maintained, the distinction is now essentially nonexistent. States engaged in conflict are expected to publish lists of prohibited items in order to use their power of arrest. Even if the goods are being transported by an enemy ship from a neutral nation, they are still considered illegal. The right to take and confiscate such items belongs to the other belligerent.
n. 1. Goods whose import or export is forbidden. 2. (Wartime contraband) Items (like weapons) transported by a belligerent or neutral vessel (ship or aircraft) during a conflict and intended for use by one belligerent power against the other (or capable of being utilized in that capacity). Historically, items with peaceful purposes that could yet aid a belligerent were considered conditional contraband, but weapons and other military hardware were considered absolute contraband. Although officially maintained, the distinction is now essentially nonexistent. States engaged in conflict are expected to publish lists of prohibited items in order to use their power of arrest. Even if the goods are being transported by an enemy ship from a neutral nation, they are still considered illegal. The right to take and confiscate such items belongs to the other belligerent.
- Published on
Legal Terms - contra bonos mores
[Latin] Against decent morals. To what extent immoral behavior should or is prohibited by the criminal code simply because it is immoral is a contentious issue. Recent years have seen a trend toward restricting legal involvement in moral disputes to actions that injure other people. Nonetheless, some offenses are nonetheless recognized as
is basically immoral (*incest, for example). There are also offenses for outraging (or plotting to outrage) public decency and scheming to corrupt public morals, however the extent of these offenses is unclear. * Corrupting public morals is not criminal in and of itself.
[Latin] Against decent morals. To what extent immoral behavior should or is prohibited by the criminal code simply because it is immoral is a contentious issue. Recent years have seen a trend toward restricting legal involvement in moral disputes to actions that injure other people. Nonetheless, some offenses are nonetheless recognized as
is basically immoral (*incest, for example). There are also offenses for outraging (or plotting to outrage) public decency and scheming to corrupt public morals, however the extent of these offenses is unclear. * Corrupting public morals is not criminal in and of itself.
