- Published on
Legal Terms -The Cabinet Office
The department of the UK government responsible for facilitating the operations of the Prime Minister and Cabinet and ensuring the efficient functioning of the government. Additionally, it serves as the central administrative center for the government in collaboration with HM Treasury and is anticipated to have a leading role in several crucial policy domains. In addition to the Prime Minister, the group consists of the Minister for the Cabinet Office, the Paymaster General, and two Parliamentary Secretaries.
The department of the UK government responsible for facilitating the operations of the Prime Minister and Cabinet and ensuring the efficient functioning of the government. Additionally, it serves as the central administrative center for the government in collaboration with HM Treasury and is anticipated to have a leading role in several crucial policy domains. In addition to the Prime Minister, the group consists of the Minister for the Cabinet Office, the Paymaster General, and two Parliamentary Secretaries.
- Published on
Legal Terms – Cabotage
Cabotage refers to the provision of transport services within the European Union by a carrier from a different member state. Article 91 of the Treaty on the Functioning of the European Union (formerly known as Article 71 and before that Article 75) states that the Council of the European Union has the authority to establish regulations.
Proposals about the terms and circumstances for nonresident carriers to provide transportation services within a member state. As of 1 January 2021, after the Brexit implementation period concluded, specific regulations regarding cabotage between the EU and the UK came into effect.
Cabotage refers to the provision of transport services within the European Union by a carrier from a different member state. Article 91 of the Treaty on the Functioning of the European Union (formerly known as Article 71 and before that Article 75) states that the Council of the European Union has the authority to establish regulations.
Proposals about the terms and circumstances for nonresident carriers to provide transportation services within a member state. As of 1 January 2021, after the Brexit implementation period concluded, specific regulations regarding cabotage between the EU and the UK came into effect.
- Published on
Legal Terms -Buggery
Buggery, also known as sodomy, refers to anal intercourse between a man and another male or a woman, or bestiality involving a man or a woman. The criminal offense of buggery has been abolished. Non-consensual anal intercourse may be considered
Rape, as defined in section 1 of the Sexual Offences Act 2003, and engaging in sexual intercourse with animals can be subject to prosecution under section 69.
Buggery, also known as sodomy, refers to anal intercourse between a man and another male or a woman, or bestiality involving a man or a woman. The criminal offense of buggery has been abolished. Non-consensual anal intercourse may be considered
Rape, as defined in section 1 of the Sexual Offences Act 2003, and engaging in sexual intercourse with animals can be subject to prosecution under section 69.
- Published on
Legal Terms - building lease
A leasing agreement in which the tenant commits to constructing specific buildings on the property. Occasionally, the commencement of the lease is contingent upon the completion of the construction of the buildings. Upon the expiration of the lease, the buildings often revert to the ownership of the landlord. In the past, it was customary for residential properties to be constructed under a long-term building lease, typically lasting 99 years. In this arrangement, the landlord would rent the land to a builder at a rate that did not take into account the value of the buildings (known as ground rent), and the builder would then sell the lease to a tenant. With this type of lease, the tenant has the potential to gain a legal entitlement to buy the ownership of the property without any restrictions under the Leasehold Reform Act 1967.
A leasing agreement in which the tenant commits to constructing specific buildings on the property. Occasionally, the commencement of the lease is contingent upon the completion of the construction of the buildings. Upon the expiration of the lease, the buildings often revert to the ownership of the landlord. In the past, it was customary for residential properties to be constructed under a long-term building lease, typically lasting 99 years. In this arrangement, the landlord would rent the land to a builder at a rate that did not take into account the value of the buildings (known as ground rent), and the builder would then sell the lease to a tenant. With this type of lease, the tenant has the potential to gain a legal entitlement to buy the ownership of the property without any restrictions under the Leasehold Reform Act 1967.
- Published on
Legal Terms - building preservation notice
A local planning authority issues a notice designating a building as a "listed building" if it is considered suitable for preservation and at risk of being demolished or altered. This notice places temporary control over the building, requiring any works to the building to get listed building consent. If any works are conducted without obtaining such consent, the local planning authority has the authority to initiate enforcement measures or pursue legal action. The notice is issued for a duration of up to six months, awaiting a decision regarding the permanent listing of the building by the Secretary of State.
A local planning authority issues a notice designating a building as a "listed building" if it is considered suitable for preservation and at risk of being demolished or altered. This notice places temporary control over the building, requiring any works to the building to get listed building consent. If any works are conducted without obtaining such consent, the local planning authority has the authority to initiate enforcement measures or pursue legal action. The notice is issued for a duration of up to six months, awaiting a decision regarding the permanent listing of the building by the Secretary of State.
- Published on
Legal Terms - building scheme
A parcel of land that is sold by a single seller in separate sections for the purpose of development, with each section being sold with comparable restrictions that are plainly meant to benefit the entire region. Restrictive covenants, such as those that prevent trade or excessive noise, are commonly enforced when selling plots on a housing estate. This is done to preserve the overall character of the community. The law grants the owner of any plot in a building scheme the authority to pursue such contractual obligations against any other plot owner, regardless of whether either party was originally involved in the agreement that established the obligations.
A parcel of land that is sold by a single seller in separate sections for the purpose of development, with each section being sold with comparable restrictions that are plainly meant to benefit the entire region. Restrictive covenants, such as those that prevent trade or excessive noise, are commonly enforced when selling plots on a housing estate. This is done to preserve the overall character of the community. The law grants the owner of any plot in a building scheme the authority to pursue such contractual obligations against any other plot owner, regardless of whether either party was originally involved in the agreement that established the obligations.
- Published on
Legal Terms - Bullock order
A sort of cost allocation in civil proceedings that is occasionally granted when the claimant has reasonably sued two defendants but has only prevailed against one of them, according to the court's judgment. The order mandates that the claimant is responsible for covering the costs of the defendant who prevailed, but also permits the claimant to include these costs in the amount owed to them by the defendant who did not succeed. The order is named after the legal case Bullock v London General Omnibus Co [1907] 1 KB 264. It is important to differentiate it from a Sanderson order (as seen in the case Sanderson v Blyth Theatre Co [1903] 2 KB 533), when the defendant who loses the action is directly directed to pay the costs of the defendant who wins.
A sort of cost allocation in civil proceedings that is occasionally granted when the claimant has reasonably sued two defendants but has only prevailed against one of them, according to the court's judgment. The order mandates that the claimant is responsible for covering the costs of the defendant who prevailed, but also permits the claimant to include these costs in the amount owed to them by the defendant who did not succeed. The order is named after the legal case Bullock v London General Omnibus Co [1907] 1 KB 264. It is important to differentiate it from a Sanderson order (as seen in the case Sanderson v Blyth Theatre Co [1903] 2 KB 533), when the defendant who loses the action is directly directed to pay the costs of the defendant who wins.
- Published on
Legal Terms - burden of proof
Burden of proof refers to the responsibility of a party involved in a legal dispute to provide evidence supporting a truth or facts that are in question. Typically, the responsibility to provide evidence lies with the party that strongly claims the reality of a specific fact (either the prosecution or the claimant). The concept of burden of proof can be divided into two categories: the persuasive burden, which is the responsibility of the party who will lose the case if they fail to prove the disputed fact; and the evidential burden, which is the duty of presenting enough evidence to establish a valid argument for the consideration of the fact-finder regarding the existence or nonexistence of the disputed fact.
In a criminal case, the general principle is that the defendant is considered innocent until proven guilty. Consequently, it is the responsibility of the prosecution to demonstrate the defendant's guilt by showing both the *actus reus (the wrongful act) and the *mens rea (the guilty mind). In order to establish the validity of its claims, it is necessary for the party to provide evidence that substantiates its assertions. If the defense fails to meet this requirement, they may present or the court may instruct that there is no basis for a legal argument, and the judge is obligated to instruct the jury to find the defendant not guilty. The prosecution has the potential to
Occasionally, presumptions of fact are used to meet the burden of proof in legal cases. For example, if it is established that a woman experienced violence during sexual intercourse, it typically creates a presumption that supports a charge of rape and demonstrates that she did not give consent. However, if the prosecution has provided a foundation for its case, it must then meet the persuasive burden by proving its case beyond a reasonable doubt (sometimes referred to as proof beyond reasonable doubt). The judge has the responsibility to explicitly instruct the jury that the prosecution is obligated to provide evidence and establish guilt beyond all reasonable uncertainty. Failure to provide this explicit guidance entitles the defendant to be acquitted.
There are several instances where the usual principle that the prosecution has the burden of proof does not apply. The primary exclusions are as outlined below:
1. If the defendant acknowledges the essential components of the crime (the actus reus and mens rea) but asserts a specific defense, it is their responsibility to provide sufficient evidence to raise a reasonable doubt in their favor. An instance of this can arise in a murder trial where the accused asserts a self-defense argument.
2. In cases where the defendant claims coercion, diminished responsibility, or insanity, it is the defendant's responsibility to provide both the evidence and the convincing argument to support their claim. However, in this instance, it is satisfactory for him to establish his argument based on a balance of probabilities (meaning he must convince the jury that it is more probable that he was mad rather than not).
3. In many situations, the law explicitly imposes a burden of persuasion on the defendant. For instance, if someone is found carrying a weapon that is considered objectionable in public, they are presumed guilty of an offense unless they can demonstrate that they had valid authorization or a sufficient cause.
Burden of proof refers to the responsibility of a party involved in a legal dispute to provide evidence supporting a truth or facts that are in question. Typically, the responsibility to provide evidence lies with the party that strongly claims the reality of a specific fact (either the prosecution or the claimant). The concept of burden of proof can be divided into two categories: the persuasive burden, which is the responsibility of the party who will lose the case if they fail to prove the disputed fact; and the evidential burden, which is the duty of presenting enough evidence to establish a valid argument for the consideration of the fact-finder regarding the existence or nonexistence of the disputed fact.
In a criminal case, the general principle is that the defendant is considered innocent until proven guilty. Consequently, it is the responsibility of the prosecution to demonstrate the defendant's guilt by showing both the *actus reus (the wrongful act) and the *mens rea (the guilty mind). In order to establish the validity of its claims, it is necessary for the party to provide evidence that substantiates its assertions. If the defense fails to meet this requirement, they may present or the court may instruct that there is no basis for a legal argument, and the judge is obligated to instruct the jury to find the defendant not guilty. The prosecution has the potential to
Occasionally, presumptions of fact are used to meet the burden of proof in legal cases. For example, if it is established that a woman experienced violence during sexual intercourse, it typically creates a presumption that supports a charge of rape and demonstrates that she did not give consent. However, if the prosecution has provided a foundation for its case, it must then meet the persuasive burden by proving its case beyond a reasonable doubt (sometimes referred to as proof beyond reasonable doubt). The judge has the responsibility to explicitly instruct the jury that the prosecution is obligated to provide evidence and establish guilt beyond all reasonable uncertainty. Failure to provide this explicit guidance entitles the defendant to be acquitted.
There are several instances where the usual principle that the prosecution has the burden of proof does not apply. The primary exclusions are as outlined below:
1. If the defendant acknowledges the essential components of the crime (the actus reus and mens rea) but asserts a specific defense, it is their responsibility to provide sufficient evidence to raise a reasonable doubt in their favor. An instance of this can arise in a murder trial where the accused asserts a self-defense argument.
2. In cases where the defendant claims coercion, diminished responsibility, or insanity, it is the defendant's responsibility to provide both the evidence and the convincing argument to support their claim. However, in this instance, it is satisfactory for him to establish his argument based on a balance of probabilities (meaning he must convince the jury that it is more probable that he was mad rather than not).
3. In many situations, the law explicitly imposes a burden of persuasion on the defendant. For instance, if someone is found carrying a weapon that is considered objectionable in public, they are presumed guilty of an offense unless they can demonstrate that they had valid authorization or a sufficient cause.
- Published on
Legal Terms – Burglary
Burglary is a criminal offense defined by the Theft Act 1968. It involves either (A) unlawfully entering a building, part of a building, ship, or inhabited vehicle with the intention of committing one of three specified crimes (burglary with intent), or (B) unlawfully entering such a place but subsequently committing one of two specified crimes (burglary without intent). The three stated offenses for burglary with purpose are (1) theft; (2) inflicting grievous bodily harm; and (3) creating criminal damage. The offense of burglary with the intention to commit rape was established in 2003.
Substituted by the offense of trespassing with the intention to commit a sexual offense, as stated in Section 63 of the Sexual Offenses Act. The two defined offenses for burglary without intent are (1) theft or attempted theft; and (2) causing or attempting to cause serious bodily harm. The act of unlawfully entering and stealing from a residential building is subject to a maximum penalty of 14 years of incarceration. Aggravated burglary, as defined in section 10 of the Theft Act 1968, occurs when a trespasser is in possession of a weapon of offense, explosive, or firearm, as established in the case of R v Kelly (1992) 97 Cr App R 245. This offense is subject to a maximum penalty of life imprisonment. The Crime (Sentences) Act 1997 mandates a mandatory minimum sentence of three years for anyone convicted of burglary for the third time. However, judges have the discretion to impose a lighter sentence if they determine that the minimum sentence would be unreasonable given the specific circumstances of the case.
Burglary is a criminal offense defined by the Theft Act 1968. It involves either (A) unlawfully entering a building, part of a building, ship, or inhabited vehicle with the intention of committing one of three specified crimes (burglary with intent), or (B) unlawfully entering such a place but subsequently committing one of two specified crimes (burglary without intent). The three stated offenses for burglary with purpose are (1) theft; (2) inflicting grievous bodily harm; and (3) creating criminal damage. The offense of burglary with the intention to commit rape was established in 2003.
Substituted by the offense of trespassing with the intention to commit a sexual offense, as stated in Section 63 of the Sexual Offenses Act. The two defined offenses for burglary without intent are (1) theft or attempted theft; and (2) causing or attempting to cause serious bodily harm. The act of unlawfully entering and stealing from a residential building is subject to a maximum penalty of 14 years of incarceration. Aggravated burglary, as defined in section 10 of the Theft Act 1968, occurs when a trespasser is in possession of a weapon of offense, explosive, or firearm, as established in the case of R v Kelly (1992) 97 Cr App R 245. This offense is subject to a maximum penalty of life imprisonment. The Crime (Sentences) Act 1997 mandates a mandatory minimum sentence of three years for anyone convicted of burglary for the third time. However, judges have the discretion to impose a lighter sentence if they determine that the minimum sentence would be unreasonable given the specific circumstances of the case.
- Published on
Legal Terms –Business
Business, in the context of value-added tax, refers to an activity that qualifies as a "economic activity" according to the interpretation of the EU Sixth Directive by the European Court of Justice (Welcome Trust Ltd v Customs and Excise Commissioners [1994] VAT Decision 12206). Such activities are potentially subject to VAT liability. In other sections of the Taxes Acts, the definition of the term "business" appears to be influenced by the surrounding circumstances. A "property business" refers to the total sum of all rental activities conducted by an individual taxpayer. Income tax on property income is imposed on the profits generated by the taxpayer's own "property business". Courts generally recognize that every corporation engages in business activities, as this is the fundamental nature of a firm. Occasionally, the business alone possesses shares in other companies. Deductions are made for business-related expenses when calculating profits subject to income tax. Deductions are not made for expenses that have a domestic purpose, and generally not made when there is a duality of purpose.
Business, in the context of value-added tax, refers to an activity that qualifies as a "economic activity" according to the interpretation of the EU Sixth Directive by the European Court of Justice (Welcome Trust Ltd v Customs and Excise Commissioners [1994] VAT Decision 12206). Such activities are potentially subject to VAT liability. In other sections of the Taxes Acts, the definition of the term "business" appears to be influenced by the surrounding circumstances. A "property business" refers to the total sum of all rental activities conducted by an individual taxpayer. Income tax on property income is imposed on the profits generated by the taxpayer's own "property business". Courts generally recognize that every corporation engages in business activities, as this is the fundamental nature of a firm. Occasionally, the business alone possesses shares in other companies. Deductions are made for business-related expenses when calculating profits subject to income tax. Deductions are not made for expenses that have a domestic purpose, and generally not made when there is a duality of purpose.
