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Legal Terms - civil liability contribution
The right of a person who is liable for damage to recover from any other person who is liable for the same damage a contribution to represent that person’s share of responsibility for the damage. When two or more people are liable for causing the same damage, the injured person is entitled to recover full compensation for his losses from any one of them. The wrongdoer who is sued may then ask for contribution from the other wrongdoers. Since the Civil Liability (Contribution) Act 1978, the right to contribution is available in all forms of civil liability, whether tort, breach of contract, breach of trust, or otherwise. The court assesses the amount of contribution on the basis of what would be just and equitable, taking into account the parties’ responsibility for the damage. The term “damage” should be given its ordinary and natural meaning and, for the avoidance of doubt, it does not mean “damages” (i.e. compensation). The concept of the “same damage” is not straightforward and was considered in the case of Royal Brompton Hospital NHS Trust v Hammond (No. 3) [2002] UKHL 15, [2002] 1 WLR 1397.
The right of a person who is liable for damage to recover from any other person who is liable for the same damage a contribution to represent that person’s share of responsibility for the damage. When two or more people are liable for causing the same damage, the injured person is entitled to recover full compensation for his losses from any one of them. The wrongdoer who is sued may then ask for contribution from the other wrongdoers. Since the Civil Liability (Contribution) Act 1978, the right to contribution is available in all forms of civil liability, whether tort, breach of contract, breach of trust, or otherwise. The court assesses the amount of contribution on the basis of what would be just and equitable, taking into account the parties’ responsibility for the damage. The term “damage” should be given its ordinary and natural meaning and, for the avoidance of doubt, it does not mean “damages” (i.e. compensation). The concept of the “same damage” is not straightforward and was considered in the case of Royal Brompton Hospital NHS Trust v Hammond (No. 3) [2002] UKHL 15, [2002] 1 WLR 1397.
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Legal Terms - Civil List
The amount set by statute that must be paid each year from the *Consolidated Fund in order to cover the royal household's expenses and provide allowances to certain royal family members. The House of Commons has the authority to revoke any Treasury directive that increases the sum. A few royal family members have agreed to have their Civil List benefits taxed.
The amount set by statute that must be paid each year from the *Consolidated Fund in order to cover the royal household's expenses and provide allowances to certain royal family members. The House of Commons has the authority to revoke any Treasury directive that increases the sum. A few royal family members have agreed to have their Civil List benefits taxed.
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legal Terms -civil partnership
a legal status established by the 2004 Civil Partnership Act that grants couples who formally legalize their partnership under the Act benefits comparable to those granted by marriage. The Civil Partnerships, Marriages and Deaths (Registration etc.) Act of 2019 expanded the eligibility of civil partnerships from same-sex couples to all couples. The parties must be above 16 and unrelated to one another in order to be eligible to join a civil partnership within the *prohibited degrees. A court may grant a dissolution order to end the partnership upon the presentation of documentation by the
applicant that there has been an irreversible breakdown in the partnership. One of the following four circumstances required to be proven prior to the Divorce, Dissolution and Separation Act 2020 taking effect fully: (1) the respondent's actions had made it unreasonable for the petitioner to continue living with him or her; (2) the respondent and the applicant had parted ways for at least two years and the respondent had given permission for a dissolution order to be issued; (3) the respondent and the petitioner had lived apart for at least five years; and (4) the respondent had abandoned the petitioner for at least two years. In a similar vein to the position on *divorce, the modifications made to the 2020 Act eliminate the need for reliance on such facts. When a partnership dissolves, the courts have the authority to grant *financial remedies similar to those available to married spouses under the Matrimonial Causes Act of 1973. In addition to having the same rights as a spouse with regard to inheritance under the terms of intestacy and the Inheritance (Provision for Family and Dependants) Act of 1975, a civil partner can also acquire matrimonial house rights, which are now simply referred to as *home rights. A civil partner can request *parental responsibility for a kid with the same rights as a *step-parent under the revised Children Act 1989.
The Finance Act 2005 (section 103) permits statutory instruments to be created, which have the effect of treating civil partners as married for tax reasons. As a result, a transfer of assets from one civil spouse to the other is free from *inheritance tax, regardless of whether the partner passes away or lives. The transfer of an asset from one civil partner to the other does not result in a capital gain. Income and earnings deriving from a settlement that allows a settlor's civil partner to obtain benefits are taxed on the settlor in the same manner as they would be if the settlor's spouse could also get benefits.
When requested, same-sex civil partnerships can be converted into weddings under the *Marriage (Same Sex Couples) Act 2013; heterosexual couples who form civil partnerships are exempt from this provision.
a legal status established by the 2004 Civil Partnership Act that grants couples who formally legalize their partnership under the Act benefits comparable to those granted by marriage. The Civil Partnerships, Marriages and Deaths (Registration etc.) Act of 2019 expanded the eligibility of civil partnerships from same-sex couples to all couples. The parties must be above 16 and unrelated to one another in order to be eligible to join a civil partnership within the *prohibited degrees. A court may grant a dissolution order to end the partnership upon the presentation of documentation by the
applicant that there has been an irreversible breakdown in the partnership. One of the following four circumstances required to be proven prior to the Divorce, Dissolution and Separation Act 2020 taking effect fully: (1) the respondent's actions had made it unreasonable for the petitioner to continue living with him or her; (2) the respondent and the applicant had parted ways for at least two years and the respondent had given permission for a dissolution order to be issued; (3) the respondent and the petitioner had lived apart for at least five years; and (4) the respondent had abandoned the petitioner for at least two years. In a similar vein to the position on *divorce, the modifications made to the 2020 Act eliminate the need for reliance on such facts. When a partnership dissolves, the courts have the authority to grant *financial remedies similar to those available to married spouses under the Matrimonial Causes Act of 1973. In addition to having the same rights as a spouse with regard to inheritance under the terms of intestacy and the Inheritance (Provision for Family and Dependants) Act of 1975, a civil partner can also acquire matrimonial house rights, which are now simply referred to as *home rights. A civil partner can request *parental responsibility for a kid with the same rights as a *step-parent under the revised Children Act 1989.
The Finance Act 2005 (section 103) permits statutory instruments to be created, which have the effect of treating civil partners as married for tax reasons. As a result, a transfer of assets from one civil spouse to the other is free from *inheritance tax, regardless of whether the partner passes away or lives. The transfer of an asset from one civil partner to the other does not result in a capital gain. Income and earnings deriving from a settlement that allows a settlor's civil partner to obtain benefits are taxed on the settlor in the same manner as they would be if the settlor's spouse could also get benefits.
When requested, same-sex civil partnerships can be converted into weddings under the *Marriage (Same Sex Couples) Act 2013; heterosexual couples who form civil partnerships are exempt from this provision.
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Legal Terms – Civil Procedure Rules (CPR)
A procedural law that was passed in 1998 nullified the Supreme Court's *Rules, effective April 26, 1999. The Rules, which emerged from Lord Woolf's suggested improvements
Procedures in civil cases before the Court of Appeal (Civil Division), the High Court, and the county courts are governed by Access to Justice (Final Report) 1996. *Practice Directions and *pre-action routines are additions to CPR. The Rules only apply to family proceedings and are not applicable in specific areas, such as Part IV of the Mental Health Act of 1983.
A procedural law that was passed in 1998 nullified the Supreme Court's *Rules, effective April 26, 1999. The Rules, which emerged from Lord Woolf's suggested improvements
Procedures in civil cases before the Court of Appeal (Civil Division), the High Court, and the county courts are governed by Access to Justice (Final Report) 1996. *Practice Directions and *pre-action routines are additions to CPR. The Rules only apply to family proceedings and are not applicable in specific areas, such as Part IV of the Mental Health Act of 1983.
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Legal Terms - Civil Service
the group of *Crown servants who work for the government and are paid exclusively using funds that are chosen by Parliament each year to implement programs. Since 1999, employees of ministers of the devolved governments have also been considered civil servants. These employees include the administrative and executive staff of central government departments, such as the Home Office and Treasury, as well as *executive agencies, such as the Land Registry and the Prison Service. Because the Civil Service is permanent and politically unbiased, it offers stable administration even in the face of governmental upheavals. Government ministers, the military forces (which are not civil servants), the police (who are not Crown servants), and those (such as judges) whose salaries are deducted from the Consolidated Fund are not considered civil servants.
the group of *Crown servants who work for the government and are paid exclusively using funds that are chosen by Parliament each year to implement programs. Since 1999, employees of ministers of the devolved governments have also been considered civil servants. These employees include the administrative and executive staff of central government departments, such as the Home Office and Treasury, as well as *executive agencies, such as the Land Registry and the Prison Service. Because the Civil Service is permanent and politically unbiased, it offers stable administration even in the face of governmental upheavals. Government ministers, the military forces (which are not civil servants), the police (who are not Crown servants), and those (such as judges) whose salaries are deducted from the Consolidated Fund are not considered civil servants.
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Legal Terms -Civil Service Commission
the organization that controls Civil Service hiring, guaranteeing that appointments are made based on merit following an impartial and public competition. In accordance with the Civil Service Code, it hears compla complaints and works to advance the ideals of honesty, integrity, objectivity, and impartiality. The government and the Civil Service do not control the Commission
the organization that controls Civil Service hiring, guaranteeing that appointments are made based on merit following an impartial and public competition. In accordance with the Civil Service Code, it hears compla complaints and works to advance the ideals of honesty, integrity, objectivity, and impartiality. The government and the Civil Service do not control the Commission
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Legal Terms -civil wrong
a violation of someone's rights, for which the aggrieved party may file a lawsuit and seek damages or other civil remedies. *Torts and *breach of contract are two examples.
a violation of someone's rights, for which the aggrieved party may file a lawsuit and seek damages or other civil remedies. *Torts and *breach of contract are two examples.
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Legal Terms -children’s barred list
a roster that names those unfit for volunteer or paid labor in child care settings due to pertinent past convictions, warnings, etc. The Disclosure and Barring Service of the Home Office currently has possession of the list, which was previously kept by the Independent Safeguarding Authority. The Protection of Children Act 1999 was substantially extended and replaced by the Safeguarding Vulnerable Groups Act 2006, which mandates that all applicants for employment in specific professions—like teaching—have their names checked against the list. The act of applying for a job from which one has been excluded is illegal. Anybody on the list has the right to appeal to the Upper Tribunal. A comparable list prohibits individuals from dealing with adults who are considered vulnerable. The Protection of Children Act, or PoCA list, was the previous name for the
a roster that names those unfit for volunteer or paid labor in child care settings due to pertinent past convictions, warnings, etc. The Disclosure and Barring Service of the Home Office currently has possession of the list, which was previously kept by the Independent Safeguarding Authority. The Protection of Children Act 1999 was substantially extended and replaced by the Safeguarding Vulnerable Groups Act 2006, which mandates that all applicants for employment in specific professions—like teaching—have their names checked against the list. The act of applying for a job from which one has been excluded is illegal. Anybody on the list has the right to appeal to the Upper Tribunal. A comparable list prohibits individuals from dealing with adults who are considered vulnerable. The Protection of Children Act, or PoCA list, was the previous name for the
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Legal Terms – Children’s Commissioner
Commissioner for Children a position established by the Children Act of 2004 in England and the Care Standards Act of 2000 in Wales. The Commissioner's job, which is independent of the government, is to raise public awareness of children's interests and perspectives. In general, he or she is not allowed to look into the cases of specific kids, but in situations where the case has larger policy implications for kids who aren't directly involved, they are.
Commissioner for Children a position established by the Children Act of 2004 in England and the Care Standards Act of 2000 in Wales. The Commissioner's job, which is independent of the government, is to raise public awareness of children's interests and perspectives. In general, he or she is not allowed to look into the cases of specific kids, but in situations where the case has larger policy implications for kids who aren't directly involved, they are.
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Legal Terms -children’s guardian
formerly known as a guardian ad litem, a person designated by the court to safeguard a minor's interests in processes affecting his interests (such as adoption, wardship, or care proceedings). Guardians now have a more significant role and are required to make sure that all of the choices available to the court are thoroughly considered, thanks to the Children Act of 1989. In spite of the guardian's best interests, a kid may instruct a lawyer on his own behalf if it is determined that he is competent of doing so
formerly known as a guardian ad litem, a person designated by the court to safeguard a minor's interests in processes affecting his interests (such as adoption, wardship, or care proceedings). Guardians now have a more significant role and are required to make sure that all of the choices available to the court are thoroughly considered, thanks to the Children Act of 1989. In spite of the guardian's best interests, a kid may instruct a lawyer on his own behalf if it is determined that he is competent of doing so
