LAW

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KembaraXtra – Legal Terms – Predatory Pricing
Predatory pricing is the practice of selling goods or services at extremely low prices in order to drive competitors out of the market.
It is most commonly associated with businesses holding a dominant market position.
Under UK competition law and Article 102 of the Treaty on the Functioning of the European Union, predatory pricing may amount to an abuse of dominance.
Competition authorities may impose fines or other penalties on companies engaging in such conduct.
The practice is viewed as harmful to fair competition and consumer welfare in the long term.

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KembaraXtra – Legal Terms – Predecessor
A predecessor in land law is a person through whom ownership or title to land is traced.
Examples include previous owners, testators, settlors, or mortgagees who sold the property.
A current owner’s title is often established by tracing transactions through predecessors in title.
The concept is important in proving ownership and examining title history.
Predecessors form part of the chain of title in property law.

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KembaraXtra – Legal Terms – Pregnancy
In employment law, pregnancy is protected under the Equality Act 2010 and related maternity rights legislation.
Employees are protected against discrimination, dismissal, or unfair treatment connected with pregnancy or maternity.
Employers must not disadvantage workers because of pregnancy-related illness or maternity leave.
Pregnancy rights form part of broader protections relating to equality and family rights in employment law.

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KembaraXtra – Legal Terms – Preliminary Hearing
A preliminary hearing is a pretrial hearing conducted in cases sent to the Crown Court before the full criminal trial begins. Its main purpose is to allow the judge to deal with important case management matters at an early stage so that the proceedings can progress fairly and efficiently. During the hearing, the judge may issue directions concerning the disclosure and service of prosecution evidence, the filing of the defence statement, and the timetable to be followed by the parties. Preliminary hearings are especially useful in complex criminal cases where substantial preparation is required before trial. The procedure helps reduce delays, narrow the issues in dispute, and improve the overall administration of justice.

A preliminary hearing is not automatically required in every Crown Court case. The court may order such a hearing where there are significant case management issues that need early attention before trial. It is also commonly ordered where the trial is expected to last more than four weeks, where an early trial date should be fixed, or where the defendant is a child or young person. These hearings therefore play an important role in ensuring that vulnerable defendants and complicated prosecutions are handled properly from the outset. The relevant procedural framework is found in the Consolidated Criminal Practice Direction and related criminal procedure rules.

At a preliminary hearing, the judge may consider matters such as disclosure obligations, witness arrangements, expert evidence, legal representation, and the estimated duration of the trial. The hearing may also address whether certain evidence should be admitted or excluded and whether any legal issues should be determined in advance. By resolving procedural disputes early, the court seeks to avoid unnecessary interruptions once the trial itself begins. This promotes efficiency and ensures that jurors are not kept waiting while legal arguments are resolved. Effective case management at this stage can significantly reduce costs and delays for all parties involved.

The hearing also provides an opportunity for the prosecution and defence to clarify the issues genuinely in dispute. This may encourage admissions of uncontested matters and help narrow the factual and legal questions requiring determination at trial. Judges may set strict deadlines for compliance with procedural requirements and may impose sanctions if parties fail to comply. Such sanctions may include adverse cost consequences or restrictions on reliance upon late evidence. The modern criminal justice system places strong emphasis on judicial control of proceedings to ensure fairness, proportionality, and efficiency.

A preliminary hearing should be distinguished from a Plea and Trial Preparation Hearing, although the two procedures are closely related. The plea and trial preparation hearing focuses more specifically on obtaining the defendant’s plea and preparing the matter for trial. Preliminary hearings, by contrast, are generally reserved for cases involving substantial procedural complexity or special management requirements. Together, these hearings form part of the broader system of criminal case management in England and Wales. Their overall purpose is to ensure that trials proceed in an organized, fair, and timely manner while safeguarding the rights of both the accused and the prosecution.

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KembaraXtra – Legal Terms – Prejudice
Prejudice refers to preconceived judgment or bias.
In legal proceedings, the term appears in several contexts, including:
  • unfair prejudice in company law;
  • without prejudice communications in settlement negotiations; and
  • prejudicial conduct affecting fairness in legal proceedings.
The meaning depends on the legal context in which the term is used.

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KembaraXtra – Legal Terms – Pre-incorporation Contract
A pre-incorporation contract is a contract made on behalf of a company before the company has legally come into existence.
Under section 51 of the Companies Act 2006, the person acting on behalf of the unformed company is generally personally liable unless otherwise agreed.
That person may also enforce the contract personally.
The rule prevents uncertainty where businesses attempt to contract before formal incorporation.
Important cases include Phonogram Ltd v Lane and Braymist Ltd v Wise Finance Co Ltd.

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KembaraXtra – Legal Terms – Prehearing Review
A prehearing review is a procedural hearing formerly used in employment tribunal proceedings.
It was conducted before the full hearing in order to identify preliminary issues, clarify legal questions, or manage the case efficiently.
The process formed part of employment tribunal case management procedures.

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KembaraXtra – Legal Terms – Pregnancy Per Alium
Pregnancy per alium refers to the situation where a woman is pregnant by someone other than her husband or civil partner at the time of marriage or civil partnership.
If the husband or civil partner was unaware of the pregnancy, the marriage or civil partnership may be voidable.
The doctrine historically formed part of matrimonial law relating to consent and deception.

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KembaraXtra – Legal Terms – Preferment


Preferment in criminal procedure refers to the act of bringing a bill of indictment before the appropriate court.


To “prefer” an indictment means formally to present or lay criminal charges before the court.


The term is defined in the Glossary to the Criminal Procedure Rules.


It forms part of the formal criminal prosecution process.
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KembaraXtra – Legal Terms – Pre-employment Health Questionnaires
Pre-employment health questionnaires are health or disability-related questions asked by employers during recruitment.
Under the Equality Act 2010, employers are generally prohibited from asking applicants about health or disability before making a job offer.
The rule aims to prevent discrimination against disabled applicants at an early stage of recruitment.
Certain exceptions apply, including questions about:
  • reasonable adjustments needed for interviews or assessments;
  • the ability to perform essential job functions;
  • workforce monitoring;
  • occupational requirements; and
  • positive action schemes benefiting disabled persons.
If unlawful questions are asked and the applicant is rejected, this may support a claim for disability discrimination before an employment tribunal.
Enforcement is primarily carried out by the Equality and Human Rights Commission.

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