- Published on
Legal Terms - Assize
An assize is a court or council. Assizes in modern times referred to the sessions of High Court judges who traveled to different parts of the country with official authorization from the Crown to preside over legal disputes. These commissions were either
The judges are granted the authority to preside over the most severe criminal cases through the process of oyer, terminer, and general gaol delivery. Additionally, they are empowered to adjudicate civil matters through the process of nisi prius. The Courts Act of 1971 abolished these assizes, resulting in the transfer of the criminal authority of assizes to the Crown Court. Simultaneously, the High Court was granted the authority to adjudicate civil disputes throughout England and Wales without requiring a special commission.
It also means a legislative enactment or local law, such as the Assize of Clarendon or the Novel Disseisin.
An assize is a court or council. Assizes in modern times referred to the sessions of High Court judges who traveled to different parts of the country with official authorization from the Crown to preside over legal disputes. These commissions were either
The judges are granted the authority to preside over the most severe criminal cases through the process of oyer, terminer, and general gaol delivery. Additionally, they are empowered to adjudicate civil matters through the process of nisi prius. The Courts Act of 1971 abolished these assizes, resulting in the transfer of the criminal authority of assizes to the Crown Court. Simultaneously, the High Court was granted the authority to adjudicate civil disputes throughout England and Wales without requiring a special commission.
It also means a legislative enactment or local law, such as the Assize of Clarendon or the Novel Disseisin.
- Published on
Legal Terms - Associated Operations
The *transfer of value is calculated by considering the combined effect of two or more operations.
Subject to inheritance tax. In these instances, the transfer of value is quantified as the decrease in the total worth of the estate resulting from the combined effect of the different actions (as defined in section 268 of the Inheritance Tax Act 1984). Case law illustrates that the occurrence of operations simultaneously or the performance of comparable activities by different individuals does not establish an association between them (Macpherson v IRC [1988] 2 All ER 753 (HL)). In order for two operations to be connected, they must either pertain to the same property (as stated in the Inheritance Tax Act 1984 § 268(1)(a)), or one operation must rely on the other, as seen in the case of Rysaffe Trustee Co (CI) v IRC [2003] EWCA Civ 356.
The *transfer of value is calculated by considering the combined effect of two or more operations.
Subject to inheritance tax. In these instances, the transfer of value is quantified as the decrease in the total worth of the estate resulting from the combined effect of the different actions (as defined in section 268 of the Inheritance Tax Act 1984). Case law illustrates that the occurrence of operations simultaneously or the performance of comparable activities by different individuals does not establish an association between them (Macpherson v IRC [1988] 2 All ER 753 (HL)). In order for two operations to be connected, they must either pertain to the same property (as stated in the Inheritance Tax Act 1984 § 268(1)(a)), or one operation must rely on the other, as seen in the case of Rysaffe Trustee Co (CI) v IRC [2003] EWCA Civ 356.
- Published on
Legal Terms - Association Agreement
An agreement between a member state of the European Union and a non-EU country or organization, as stipulated in Article 217 of the Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome). The agreement, which can be made with a country, a federation of states, or an international organization, forms a partnership that involves mutual rights and obligations, joint action, and certain procedures.
An agreement between a member state of the European Union and a non-EU country or organization, as stipulated in Article 217 of the Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome). The agreement, which can be made with a country, a federation of states, or an international organization, forms a partnership that involves mutual rights and obligations, joint action, and certain procedures.
- Published on
Legal Terms - Assent Procedure
The Single European Act of 1986 provided a procedure that enhanced the authority of the European Parliament.
The European Commission, which is not elected by the public. Previously, this rule was in effect when a new legislative measure was read once in Parliament. Parliament had two options: either approve the bill as it was presented, or reject it. Parliament did not have the authority to make changes to the measure. According to the Lisbon Treaty of 2007, the assent procedure has been replaced by the regular legislative procedure in almost all areas. In the few areas where it is still used, it is referred to as the consent procedure.
The Single European Act of 1986 provided a procedure that enhanced the authority of the European Parliament.
The European Commission, which is not elected by the public. Previously, this rule was in effect when a new legislative measure was read once in Parliament. Parliament had two options: either approve the bill as it was presented, or reject it. Parliament did not have the authority to make changes to the measure. According to the Lisbon Treaty of 2007, the assent procedure has been replaced by the regular legislative procedure in almost all areas. In the few areas where it is still used, it is referred to as the consent procedure.
- Published on
Legal Terms - Cost evaluation
The process by which the amount of expenses owed by one party to another, or owed by a client to their solicitor, is decided.
by a court official. Prior to the implementation of the Civil Procedure Rules in 1999, this process was referred to as the taxation of costs. Assessments can be categorized as either concise or comprehensive. In a summary assessment, the court calculates the exact amount that must be paid immediately after the hearing concludes. In this case, the court has the authority to request any proof that is now accessible (such as a brief fee) in order to ascertain the exact amount. The type of assessment described here is the most favored approach in fast track trials. Summary evaluation can exclusively be conducted by the judge who presided over the case at the relevant period. On the other hand, a comprehensive evaluation entails the calculation of expenses for a *costs officer, who evaluates the amount at a later point in time, following the hearing. District judges in the county courts mostly conduct thorough evaluations, while the Senior Courts Costs Office is specifically responsible for conducting detailed assessments in the High Court and the Court of Appeal.
The process by which the amount of expenses owed by one party to another, or owed by a client to their solicitor, is decided.
by a court official. Prior to the implementation of the Civil Procedure Rules in 1999, this process was referred to as the taxation of costs. Assessments can be categorized as either concise or comprehensive. In a summary assessment, the court calculates the exact amount that must be paid immediately after the hearing concludes. In this case, the court has the authority to request any proof that is now accessible (such as a brief fee) in order to ascertain the exact amount. The type of assessment described here is the most favored approach in fast track trials. Summary evaluation can exclusively be conducted by the judge who presided over the case at the relevant period. On the other hand, a comprehensive evaluation entails the calculation of expenses for a *costs officer, who evaluates the amount at a later point in time, following the hearing. District judges in the county courts mostly conduct thorough evaluations, while the Senior Courts Costs Office is specifically responsible for conducting detailed assessments in the High Court and the Court of Appeal.
- Published on
Legal Terms - Assessor
An assessor is a someone who is summoned to aid a court in adjudicating a case that necessitates specialist technical expertise. The High Court and the Court of Appeal possess extensive authority to appoint assessors to aid them in any legal proceeding, but, this authority is limited to those specific courts.
Power is seldom utilized except in instances related to Admiralty law. Assessors shall abstain from providing verbal testimony and will not be available for cross-examination or questioning. When dealing with matters related to navigation and seamanship, it is customary to select assessors who are Elder Brethren of Trinity House. During the process of reviewing an assessment of costs, a practicing solicitor and a costs officer are typically appointed to assist the judge.
An assessor is a someone who is summoned to aid a court in adjudicating a case that necessitates specialist technical expertise. The High Court and the Court of Appeal possess extensive authority to appoint assessors to aid them in any legal proceeding, but, this authority is limited to those specific courts.
Power is seldom utilized except in instances related to Admiralty law. Assessors shall abstain from providing verbal testimony and will not be available for cross-examination or questioning. When dealing with matters related to navigation and seamanship, it is customary to select assessors who are Elder Brethren of Trinity House. During the process of reviewing an assessment of costs, a practicing solicitor and a costs officer are typically appointed to assist the judge.
- Published on
Legal Terms - Assets
Assets, in the plural form, refer to tangible or intangible possessions or entitlements that possess a financial worth and can be owned by either a legal entity or an individual. Assets can be material, such as property and buildings, or intangible, such as goodwill.
A company's balance sheet displays its fixed assets, such as land, machinery, and investments, followed by its current or circulating assets, including shares, debtors, and cash.
Assets for a deceased individual refer to any tangible and intangible possessions that are included in the deceased's estate and can be used to settle their debts and obligations.
Assets, for the purpose of capital gains tax, are defined based on the declaration that states: "All forms of property, whether tangible or intangible, movable or immovable, are considered assets."
The phrase "of property shall be assets" is defined in section 21(1) of the Taxation of Chargeable Gains Act 1992. To address the issue of asset identification, refer to the legal case of Burca v Parkinson [2001] STC 1298. In the case of O'Brien v Benson's Hosiery (Holdings) Ltd [1979] UKHL TC 53, the House of Lords determined that an employer's rights under an employment contract with an employee are considered an asset for the purposes of capital gains tax. The irrelevance of the inability to assign rights is a factual matter. Some types of assets are specifically excluded from capital gains tax, particularly an individual's primary dwelling.
Assets, in the plural form, refer to tangible or intangible possessions or entitlements that possess a financial worth and can be owned by either a legal entity or an individual. Assets can be material, such as property and buildings, or intangible, such as goodwill.
A company's balance sheet displays its fixed assets, such as land, machinery, and investments, followed by its current or circulating assets, including shares, debtors, and cash.
Assets for a deceased individual refer to any tangible and intangible possessions that are included in the deceased's estate and can be used to settle their debts and obligations.
Assets, for the purpose of capital gains tax, are defined based on the declaration that states: "All forms of property, whether tangible or intangible, movable or immovable, are considered assets."
The phrase "of property shall be assets" is defined in section 21(1) of the Taxation of Chargeable Gains Act 1992. To address the issue of asset identification, refer to the legal case of Burca v Parkinson [2001] STC 1298. In the case of O'Brien v Benson's Hosiery (Holdings) Ltd [1979] UKHL TC 53, the House of Lords determined that an employer's rights under an employment contract with an employee are considered an asset for the purposes of capital gains tax. The irrelevance of the inability to assign rights is a factual matter. Some types of assets are specifically excluded from capital gains tax, particularly an individual's primary dwelling.
- Published on
Legal Terms - Article 101 of the Treaty on the Functioning of the European Union
An article in the Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome) that forbids actions that hinder competition.
Agreements that have the intention or result of limiting, preventing, or distorting competition in the European Union (also known as competition law). Article 101, previously known as 81 and before that 85, has direct applicability in all member states as per Community legislation. It is commonly employed to combat cartels and is only applicable when the agreement has an impact on trade between member states.
Agreements that violate the Article are invalid and cannot be enforced; third parties have the legal right to seek compensation if they have experienced financial harm as a result of these agreements. Violation of the Article may lead to EU penalties of up to 10% of the company's total yearly revenue. Following Brexit, Article 101 is applicable exclusively to UK undertakings when a practice within the UK has an impact within the EU. In the UK, the Competition Act 1998 contains rules that are quite similar. These provisions specifically prohibit agreements that are anticompetitive under Chapter I of the Act.
An article in the Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome) that forbids actions that hinder competition.
Agreements that have the intention or result of limiting, preventing, or distorting competition in the European Union (also known as competition law). Article 101, previously known as 81 and before that 85, has direct applicability in all member states as per Community legislation. It is commonly employed to combat cartels and is only applicable when the agreement has an impact on trade between member states.
Agreements that violate the Article are invalid and cannot be enforced; third parties have the legal right to seek compensation if they have experienced financial harm as a result of these agreements. Violation of the Article may lead to EU penalties of up to 10% of the company's total yearly revenue. Following Brexit, Article 101 is applicable exclusively to UK undertakings when a practice within the UK has an impact within the EU. In the UK, the Competition Act 1998 contains rules that are quite similar. These provisions specifically prohibit agreements that are anticompetitive under Chapter I of the Act.
- Published on
Legal Terms - Article 102 of the Treaty on the Functioning of the European Union
The Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome) has a provision that has legal force and applies directly to all member states of the EU.
The EU has established Community legislation that specifically targets and prohibits any instances of enterprises with a dominant position engaging in abusive practices. Instances of violations of Article 102, previously known as Article 82 and before that Article 86, encompass actions such as denying the provision of goods or services to an established customer, particularly when the customer starts competing with the dominant company. Other breaches include strategically lowering prices to hinder competition from rivals (known as predatory pricing), imposing unfair or excessively high prices, implementing tying clauses, and declining to grant licenses for intellectual property rights. Article 102 specifically forbids such behavior only if the company holds a dominating position, typically defined as having a market share of 40% or above in the EU (or a significant portion of it).
The restrictions are only applicable when the behavior has an impact on commerce among member nations.
Following Brexit, Article 102 now only applies to UK commitments when a practice within the UK has an impact within the EU. The Competition Act 1998, specifically in Chapter II, includes a similar prohibition that states that if an abuse of a dominant position has implications in the UK, it will be considered a violation of UK law.
The Treaty on the Functioning of the European Union (formerly known as the Treaty of Rome) has a provision that has legal force and applies directly to all member states of the EU.
The EU has established Community legislation that specifically targets and prohibits any instances of enterprises with a dominant position engaging in abusive practices. Instances of violations of Article 102, previously known as Article 82 and before that Article 86, encompass actions such as denying the provision of goods or services to an established customer, particularly when the customer starts competing with the dominant company. Other breaches include strategically lowering prices to hinder competition from rivals (known as predatory pricing), imposing unfair or excessively high prices, implementing tying clauses, and declining to grant licenses for intellectual property rights. Article 102 specifically forbids such behavior only if the company holds a dominating position, typically defined as having a market share of 40% or above in the EU (or a significant portion of it).
The restrictions are only applicable when the behavior has an impact on commerce among member nations.
Following Brexit, Article 102 now only applies to UK commitments when a practice within the UK has an impact within the EU. The Competition Act 1998, specifically in Chapter II, includes a similar prohibition that states that if an abuse of a dominant position has implications in the UK, it will be considered a violation of UK law.
- Published on
Legal Terms - Articles of Association
Articles of association refer to the rules and regulations that govern the management and operation of a registered corporation. They constitute, along with any pertinent decisions or agreements,
The document outlining the rules and regulations of the company. The Companies (Model Articles) Regulations 2008 offer standardized legal articles for various types of companies.
Articles of association refer to the rules and regulations that govern the management and operation of a registered corporation. They constitute, along with any pertinent decisions or agreements,
The document outlining the rules and regulations of the company. The Companies (Model Articles) Regulations 2008 offer standardized legal articles for various types of companies.