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Legal Terms - Common External Tariff (CET)
The tariff of import duties payable on certain goods entering any member state of the European Union from non- EU countries. The CET prevents the distortion of trade that would occur if member states set their own import duties on products coming into their state from outside the EU. The Tariff contributes to the Common Budget of the EU, from which subsidies due under the *Common Agricultural Policy are paid.
The tariff of import duties payable on certain goods entering any member state of the European Union from non- EU countries. The CET prevents the distortion of trade that would occur if member states set their own import duties on products coming into their state from outside the EU. The Tariff contributes to the Common Budget of the EU, from which subsidies due under the *Common Agricultural Policy are paid.
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Legal Terms - Common Fisheries Policy (CFP)
A fishing policy agreed between members of the European Community in 1983. It lays down annual catch limits (*quotas) for each state for major species of fish, a 12-mile exclusive fishing zone for each state, and an equal-access zone of 200 nautical miles from its coast, within which any member state is allowed to fish. There are some exceptions to these regulations. The CFP is handled by the European Commission’s Fisheries Directorate General. It was reviewed in 1992 and subjected to major reforms (including severe cuts in quotas) in 2013. The withdrawal of the UK from the Common Fisheries Policy as a consequence of Brexit will have a key effect upon its effectiveness as a policy. Many details of the implications following from this are yet to be negotiated.
A fishing policy agreed between members of the European Community in 1983. It lays down annual catch limits (*quotas) for each state for major species of fish, a 12-mile exclusive fishing zone for each state, and an equal-access zone of 200 nautical miles from its coast, within which any member state is allowed to fish. There are some exceptions to these regulations. The CFP is handled by the European Commission’s Fisheries Directorate General. It was reviewed in 1992 and subjected to major reforms (including severe cuts in quotas) in 2013. The withdrawal of the UK from the Common Fisheries Policy as a consequence of Brexit will have a key effect upon its effectiveness as a policy. Many details of the implications following from this are yet to be negotiated.
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Legal Terms - common heritage of mankind principle
The principle that areas of Antarctica, the *deep seabed, and outer space should not be monopolized for the benefit of one state or group of states alone but should be treated as if they are to be used to the benefit of all mankind. For example, Article 4 of the Moon Treaty 1979 states that exploration “shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development”.
The principle that areas of Antarctica, the *deep seabed, and outer space should not be monopolized for the benefit of one state or group of states alone but should be treated as if they are to be used to the benefit of all mankind. For example, Article 4 of the Moon Treaty 1979 states that exploration “shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development”.
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Legal Terms -Commonhold
Commonhold and Leasehold Reform Act of 2002 brought a third form of land ownership to England and Wales, joining the already existing options of *freehold and *leasehold. It is meant for complexes where individual properties—like apartments, homes, or stores—are owned and occupied by different people, but common areas—like walkways and stairways—need to be maintained by the central government. The Act was passed to address flaws with long leases, which are the most popular method of obtaining such land.
In a commonhold development, every independent property is a unit, and the owner is a unit-holder. The Commonhold Association is a private business limited by guarantee that is the owner of the common sections. Every owner of a unit is a part of that business. The memorandum and articles of the company must describe the land in regard to which the association exercises function and whose business it is to own and manage the common parts. The company membership is restricted to unit holders. A Commonhold Community Statement (CCS) outlining the specific community's rules and regulations must also be drafted by the commonhold association. Every unit that is connected to the commonhold association, including its common areas, will be registered with the Land Registry. Leasehold developments may transition to commonhold status, but only with everyone's permission.
There is not as much commonhold land as there once was since the Act has not been applied as extensively as expected.
Commonhold and Leasehold Reform Act of 2002 brought a third form of land ownership to England and Wales, joining the already existing options of *freehold and *leasehold. It is meant for complexes where individual properties—like apartments, homes, or stores—are owned and occupied by different people, but common areas—like walkways and stairways—need to be maintained by the central government. The Act was passed to address flaws with long leases, which are the most popular method of obtaining such land.
In a commonhold development, every independent property is a unit, and the owner is a unit-holder. The Commonhold Association is a private business limited by guarantee that is the owner of the common sections. Every owner of a unit is a part of that business. The memorandum and articles of the company must describe the land in regard to which the association exercises function and whose business it is to own and manage the common parts. The company membership is restricted to unit holders. A Commonhold Community Statement (CCS) outlining the specific community's rules and regulations must also be drafted by the commonhold association. Every unit that is connected to the commonhold association, including its common areas, will be registered with the Land Registry. Leasehold developments may transition to commonhold status, but only with everyone's permission.
There is not as much commonhold land as there once was since the Act has not been applied as extensively as expected.
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Legal Terms -common intention constructive trust
a *implied trust that carries out the parties' shared objective. The concept of a constructive trust with a shared aim has primarily been employed to create a portion (or, more lately, a larger portion) of the family home (Pettitt v. Pettitt [1970] AC 777 (UKHL); Gissing v. Gissing [1971] AC 886 (UKHL)). In order to obtain an interest, the claimant must demonstrate that there was a shared intention for him to have an interest and that there was a negative reliance (or shift in position) on that shared intention. Following Lloyds Bank v. Rosset [1991] 1 AC 107 (UKHL), the courts used a narrower approach when determining what constituted a common intention, accepting as proof only an explicit agreement or monetary contributions. The courts are prepared to qualify the interest using a "broad brush approach" after the common intention has been proved (Drake v. Whipp [1996] 1 FLR 826 (CA)). In the case of Stack v. Dowden [2007] UKHL 17, [2007] 2 AC 432, the courts have demonstrated their willingness to infer a common intention to quantify the interest. In extraordinary cases, they may even impute a common intention between the parties (Jones v. Kernott [2011] UKSC 53, [2012] 1 AC 776).
a *implied trust that carries out the parties' shared objective. The concept of a constructive trust with a shared aim has primarily been employed to create a portion (or, more lately, a larger portion) of the family home (Pettitt v. Pettitt [1970] AC 777 (UKHL); Gissing v. Gissing [1971] AC 886 (UKHL)). In order to obtain an interest, the claimant must demonstrate that there was a shared intention for him to have an interest and that there was a negative reliance (or shift in position) on that shared intention. Following Lloyds Bank v. Rosset [1991] 1 AC 107 (UKHL), the courts used a narrower approach when determining what constituted a common intention, accepting as proof only an explicit agreement or monetary contributions. The courts are prepared to qualify the interest using a "broad brush approach" after the common intention has been proved (Drake v. Whipp [1996] 1 FLR 826 (CA)). In the case of Stack v. Dowden [2007] UKHL 17, [2007] 2 AC 432, the courts have demonstrated their willingness to infer a common intention to quantify the interest. In extraordinary cases, they may even impute a common intention between the parties (Jones v. Kernott [2011] UKSC 53, [2012] 1 AC 776).
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Legal Terms - Commercial Court
A court that is a member of the High Court's *Queen's Bench Division and that focuses on the trial of business disputes, particularly those involving shipping, commodity trading, and significant business transactions. Arbitrator awards are the source of many judicial cases.
The Lord Chief Justice selects the court's judges from the Queen's Bench *puisne justices, who have particular expertise with business concerns.
A court that is a member of the High Court's *Queen's Bench Division and that focuses on the trial of business disputes, particularly those involving shipping, commodity trading, and significant business transactions. Arbitrator awards are the source of many judicial cases.
The Lord Chief Justice selects the court's judges from the Queen's Bench *puisne justices, who have particular expertise with business concerns.
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Legal Terms – commission
1. The right or authority to carry out an obligation; an instance of this would be the commission of a justice of the peace. 2. An organization mandated to carry out a specific task. The *Charity Commission and the *Law Commission are two examples. 3. The amount owed to a *agent for the performance of a specific service. This could be a portion of the money he has obtained through a contract for the sale of his principal's assets, for instance. The conditions of the agreement between the principal and the agent specify when a commission is due. The conditions under which a *commercial agent receives commission are outlined in EU directive 86/653. 4. Permission granted by a judge or court for a witness to
be put through an oath examination by a judge, attorney, or other authorized person in order to provide evidence that will be used in court. When a witness is unlikely to be able to attend the hearing (due to illness, for example), the procedure is employed. The court will read the written evidence if the witness is still unable to appear when the hearing is held.
1. The right or authority to carry out an obligation; an instance of this would be the commission of a justice of the peace. 2. An organization mandated to carry out a specific task. The *Charity Commission and the *Law Commission are two examples. 3. The amount owed to a *agent for the performance of a specific service. This could be a portion of the money he has obtained through a contract for the sale of his principal's assets, for instance. The conditions of the agreement between the principal and the agent specify when a commission is due. The conditions under which a *commercial agent receives commission are outlined in EU directive 86/653. 4. Permission granted by a judge or court for a witness to
be put through an oath examination by a judge, attorney, or other authorized person in order to provide evidence that will be used in court. When a witness is unlikely to be able to attend the hearing (due to illness, for example), the procedure is employed. The court will read the written evidence if the witness is still unable to appear when the hearing is held.
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Legal Terms - commissioner for oaths
an individual chosen by the Lord Chief Justice to conduct affidavits or administer oaths. A solicitor holding a *practising certificate is vested with the powers of a commissioner for oaths by statute; however, he is not permitted to use these powers in any action in which he is acting on behalf of any party or in which he has an interest. As a result, in order to witness the swearing of an affidavit, the client must go to another solicitor rather than using his own attorney.
an individual chosen by the Lord Chief Justice to conduct affidavits or administer oaths. A solicitor holding a *practising certificate is vested with the powers of a commissioner for oaths by statute; however, he is not permitted to use these powers in any action in which he is acting on behalf of any party or in which he has an interest. As a result, in order to witness the swearing of an affidavit, the client must go to another solicitor rather than using his own attorney.
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Legal Terms - Commission for Local Administration in England
A commission charged with looking into public complaints of injustice caused by local governments and some other bodies' poor management, as established by the Local Government Act of 1974. It is made up of two Local Government Ombudsmen for each of the different regions and the *Parliamentary Ombudsman. Certain issues are outside of their purview, such as choices that have an impact on the public at large and the handling of criminal investigations. Typically, complaints to an Ombudsman have to be submitted in writing, either directly or by a representative of the relevant local government. The complaint and the relevant authorities receive reports from ombudsmen, which are also made public. Scotland, Wales, and Northern Ireland have their own arrangements.
A commission charged with looking into public complaints of injustice caused by local governments and some other bodies' poor management, as established by the Local Government Act of 1974. It is made up of two Local Government Ombudsmen for each of the different regions and the *Parliamentary Ombudsman. Certain issues are outside of their purview, such as choices that have an impact on the public at large and the handling of criminal investigations. Typically, complaints to an Ombudsman have to be submitted in writing, either directly or by a representative of the relevant local government. The complaint and the relevant authorities receive reports from ombudsmen, which are also made public. Scotland, Wales, and Northern Ireland have their own arrangements.
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Legal Terms -The Commission for Racial Equality (CRE)
It iş an entity established by the Home Secretary in accordance with the Race Relations Act of 1976, whose main objective is to advance racial harmony and opportunity parity. The CRE's operations have been merged into the *Equality and Human Rights Commission as of October 1, 2007.
It iş an entity established by the Home Secretary in accordance with the Race Relations Act of 1976, whose main objective is to advance racial harmony and opportunity parity. The CRE's operations have been merged into the *Equality and Human Rights Commission as of October 1, 2007.
