Dictionary for Law

					Dictionary of Law Website: Update No 1

accused, trial of absent. In R v Jones (2002) The Times, 21 February, HL held that a trial judge had the
discretion to begin a trial (for robbery) in the absence of an absconding defendant, and this did not breach the
provisions of the Human Rights Convention.


Act, premature use of. CA held, in R v D (Video Testimony) (2002) The Times, 21 May, that a judge was
entitled to use an Act which was not, at the time, in force (Youth Justice and Criminal Evidence Act 1999, s
53(3)) in reaching a decision whether admission of video testimony of a witness whose competence was under
challenge was in the interests of justice.


adverse possession. Under Land Registration Act 2002, Part 9, a squatter can apply to become registered after
ten years’ adverse possession. But registered proprietor’s title will not be lost merely through lapse of time: onus
will be on squatter to act if he wishes to acquire title. Registered proprietor will be notified by Land Registry of
a squatter’s application, and if he makes an objection, application is rejected. Proprietor must then seek to evict
squatter, but if squatter remains in adverse possession after two years, he has right to be registered as proprietor.


affray. HL decided in R v W London Youth Court. ex p M [2001] 2 WLR 765, that offence of affray does
require threat of unlawful violence to be directed against another person present at the scene which would cause
fear to a notional bystander of reasonable firmness. See Public Order Act 1986, s 3(1).


aggravated offences, religiously. Anti-terrorism, Crime and Security Act 2001, s 39, amends Crime and
Disorder Act 1998, s 28, so as to refer to religious as well as racial aggravation. ‘Religious belief’ is not defined.
Religiously aggravated offences are included in definition under Police and Criminal Evidence Act 1984, s
24(2) of ‘arrestable offences’: s 39(8).


appeal, fresh evidence on. In R v Hanratty (deceased) (2002) The Times, 16 May, CA held that on appeal
against conviction, fresh evidence could be introduced by the Crown even though it appeared not to relate
directly to ground of appeal and its intention was to weaken the appeal. CA emphasised that in case of
admission of fresh evidence, its main purpose was to assist court in furtherance of general principles of justice.


appeal, re-opening of. Where there are exceptional circumstances (eg, allegation of judge’s bias), CA possesses
power to re-open an appeal which has already been determined: Taylor v Lawrence (2002) 152 NLJ 22i. For
‘bias’, see Porter v Magill [2002] 1 All ER 465.


bank, multilateral development. An international financial institution having as one of its objects economic
development, either generally or in any region of the world: International Development Act 2002, s 11(2).


bodily injury, under Warsaw Convention. HL held in relation to air travel and the Convention that bodily
injury involves a physiological change in passenger’s body, including his brain, sufficiently serious to be
described as an injury. Peptic ulcer induced by stress following emergency landing was an injury; severe
depression resulting from indecent assault on aircraft was not. See King v Bristow Helicopters [2002] UKHL 7.


British overseas territories citizenship. British Overseas Territories Act 2002, s 2, renames British dependent
territories citizenship, ‘British overseas territories citizenship’; a person having that citizenship is a ‘British
overseas territories citizen’. Any person who immediately before the commencement of s 3 is a British overseas
territories citizen shall, on the commencement of this section, become a British citizen: s 3(1).


Caesarean section. Delivery of a child by opening wall of mother’s abdomen. See Rochdale Healthcare NHS
Trust v C [1997] 1 FCR 274; DOH Guidelines to Consent for Examination or Treatment, April 2001. In case of
competent pregnant woman, her wishes relating to delivery of a child must be respected, irrespective of
consequences; in case of a long-term incompetent person, treatment must be in her best interests.


cash, terrorist. Under Anti-terrorism, Crime and Security Act 2001, Sch 1, para 2, an authorised officer may
seize any cash if he has reasonable grounds for suspecting that it is terrorist cash. Application for forfeiture may
be made under para 6. ‘Authorised officer’ means a constable, customs officer, immigration officer: para 19(1).


character evidence. Law Commission Report, Evidence of Bad Character in Criminal Proceedings (2001),
recommends that evidence of any person’s bad character could be brought before court without its permission
where it concerns ‘the central set of facts’ in a case, ie, alleged facts of offence charged, or misconduct
connected with investigation of offence. ‘Bad character evidence’ is that tending to show that defendant has
committed an offence, or is disposed to behave in a way of which reasonable persons might have disapproved.


claimant, absence in court of. A judge should not, in the exercise of his discretion, strike out a claim because
of claimant’s absence if he is represented in court by his legal representatives: Rouse v Freeman (2002) The
Times, 8 January.


cloning, human reproductive. It is an offence under Human Reproductive Cloning Act 2001, s 1(1), to place in
a woman’s womb a human embryo which has been created otherwise than by fertilisation.


common law, extinguishing of by statute. It is a well established principle that a statute does not extinguish a
rule of common law unless that statute makes such extinguishment clear by express provision or clear
implication: per Lord Hutton in R v Commissioner of Metropolitan Police (2002) The Times, 21 May.


confidential information, disclosure of. In A v B (A Company) (2002) 152 NLJ 434, CA set out guidelines
relating to balancing of right to privacy and to freedom of expression, eg, claimant’s need to accept that, as a
public figure, his actions would be closely scrutinised by media.


constructive trusts, company directors and. In Harrison Properties Ltd v Harrison [2001] All ER(D) 160
(Oct), CA held that a director who obtained company’s property for himself following his misuse of powers
entrusted to him as a director was a constructive trustee. See also Paragon Finance plc v Thakerar [1999] 1 All
ER 400.


consumer rights. Sale of Goods Act 1979 will be amended substantially by Sale and Supply of Goods to
Consumers Regulations 2002, implementing Directive 1999/44/EC. Thus, s 14 is amended by requiring that a
seller is to deliver goods to the consumer (defined as ‘any natural person who, in the contracts covered b y the
Regulations, is acting for purposes which are outside his business’) which conform to the contract of sale.
Where an installation is part of the contract and is incorrectly carried out, this will be considered as equivalent to
lack of conformity of goods.


consumer credit, unfair terms. In DG of Fair Trading v First National Bank (2001) 151 NLJ 1610, HL
decided that a term in a standard form of consumer credit contract, stating that in the event of borrower’s default
additional interest would be charged until payment, was not necessarily unfair within meaning of Unfair Terms
in Consumer Contracts Regulations 1994.


contracts, successive breaches of. In Heaton v AXA (2002) The Times, 15 May, HL held that where claimant
had linked claims against two defendants, A and B, for successive breaches of separate contracts and had
concluded a compromise agreement with A in full and final settlement of all actual and potential claims between
them, and the question had arisen whether he could pursue an action against B, the correct approach was to
ascertain intended effect of the compromise by interpreting words used, and where the agreement had not fixed
the entire measure of claimant’s loss, his action against B was not precluded.


conversion, liability of a series of persons relating to. HL held, in Kuwait Airways Corporation v Iraqi
Airways Co (Nos 4 and 5) (2002) The Times, 21 May, that all persons through whose hands goods had passed in
a series of conversions that had wrongfully excluded an owner from possession, were liable to the owner for any
loss resulting from misappropriation of those goods.


courts martial system. In Morris v UK (2002) (Application 38784/97), European Court of Human Rights stated
that the British courts martial system was in breach of Human Rights Convention because trial by officers taken
ad hoc from their duties breached requirement of impartiality set out in art 6(1).


demesne land. Land belonging to Her Majesty in right of the Crown which is not held for an estate in fee
simple absolute in possession: Land Registration Act 2002, s 132(1).


dishonesty. HL decided in Twinsectra Ltd v Yardley (2002) 152 NLJ 469, that a dual test is necessary to
determine whether defendant has acted dishonestly and to establish accessory liability: was his conduct
dishonest by the ordinary standards of reasonable and honest persons; and did he realise that his conduct was
dishonest in relation to those standards.
driving a vehicle. Whether a cessation of movement has been for so long and in such circumstances that it
could not reasonably be said that the occupant of the driving seat was ‘driving’ within the meaning of Road
Traffic Act 1988, is a question of fact and degree: Planton v DPP (2001) The Times, 17 August.


dwelling. In Uratemp Ventures v Collins [2001] UKHL 43, HL held that the expression ‘dwelling’ in Housing
Act 1988, s 1(1) means a place where the occupier lives and treats as his/her home. There is no requirement that
cooking facilities must be available for premises to fall within the definition.


equity of redemption. In Jones v Morgan (2001) The Times, 24 July, the Master of the Rolls stated that the
doctrine of a clog on the equity of redemption (in relation to mortgages) no longer serves a useful purpose and
would be better excised.


EU courts, jurisdiction. Brussels Convention 1968 is replaced by Brussels Regulation 44/2001, taking effect
                           .



on 1 March 2002, setting out rules for deciding which EU court has jurisdiction in disputes concerning
commercial contracts. In absence of express agreement, defendant can be sued only in courts of his ‘home
country’, as determined by his domicile (ie, where company or other legal entity has its registered office and
central administration).


European Union, pillars of. EU has ‘three pillars’: the European Communities; provisions on a common
foreign and security policy; provisions on police and judicial co-operation in criminal matters. For
implementation of the ‘third pillar’, see Anti-terrorism, Crime and Security Act 2001, s 111.


extradition, powers of search, legality of. In R v Commissioner of Metropolitan Police (2002) The Times, 21
May, HL held that a police officer who had effected the arrest of a person on his premises in reliance on a
warrant of arrest issued under Extradition Act 1989, s 8, was empowered under common law to search the
premises for items which he really believed to constitute material evidence relating to extradition crime which
was the basis of the warrant. He may, further, seize those items.


freedom of expression and human rights. CA held in R (on the application of Farrakhan) v Secretary of State
for Home Department (2002) 152 NLJ 708, that ‘where a state refuses entry to an alien solely to prevent his
expression of opinions within its territory, art 10 of Human Rights Convention (‘freedom of expression’) is
engaged. In a case of this nature, art 10.2 (restriction of this freedom in interests of national security, etc) would
apply in determining whether interference with alien’s freedom of expression was justified.


freedom of information. Freedom of Information Act 2000 will not come fully into force until 2005: statement
of Lord Chancellor on 13 November 2001. Police, police authorities, Armed Forces, will be affected as from
June 2003.


freezing order and terrorism. Under Anti-terrorism, Crime and Security Act 2001, ss 4, 5, Treasury may make
order prohibiting persons from making funds available to or for benefit of persons specified in the order.
Treasury must believe reasonably: that an action to detriment to economy of UK has been or is likely to be taken
or that an action constituting a threat to life or property of UK residents is likely to be taken; and that one of the
persons acting in this way is a government or resident of a country outside UK.


guarantees. Under Sale and Supply of Goods to Consumers Regulations 2002, para 7, where guarantees are
offered at no extra charge to consumer, they will be legally binding. Any guarantee offered must be supplied in
writing on consumer’s request.


harassment, sexual. Defined in EU Directive, agreed in April 2002, as taking place ‘where any form of
unwarranted verbal, non-verbal or physical conduct of a sexual nature occurs with the purpose or effect of
violating a person’s dignity, in particular when creating an intimidating, hostile, degrading, humiliating or
offensive environment.’


Henry VIII clauses. ‘Henry VIII powers’ are not confined to making minor or modest changes in legislation;
thus, Parliament could delegate power to amend primary legislation , and subordinate legislation made by
ministers in implementation of EU Metrication Directives, by modification of Weights and Measures Act 1985,
was valid: Thorburn v Sunderland CC (2002) 152 NLJ 312.


holiday pay, calculation of. Calculation of daily amount of pay in relation to holiday pay is to be made by
considering number of working days involved, not number of calendar days in a year: Leisure Leagues Ltd v
Maconachie (2002) The Times, 3 May.


home. In Qazi v Harrow LBC [2001] EWCA Civ 1834, CA held that there was no requirement, for purposes of
Human Rights Convention art 8 (respect for a person’s home), for occupation of the premises to be lawful or for
the existence of an occupier’s legal interest. See Buckley v UK (1996) 23 EHRR 101 – significance of exact
circumstances, such as existence of sufficient and continuous links.


homelessness review. A review of: current and likely future homelessness levels in an authority’s district;
activities carried out in such a district for preventing homelessness, securing that accommodation is or will be
available in such a district for people who are or may become homeless in that district; providing support for
people who are or may become homeless and need support to prevent its recurrence: Homelessness Act 2002, s
2. A local authority is expected to carry out such a review from time to time: s 1().


human rights, retrospectivity and. In R v Kansal (No 2) [2001] 3 WLR 1562, HL decided that decision in R v
Lambert [2001] 3 WLR 206 (that although Human Rights Act 1998 is retrospective in relation to proceedings
brought by or following instigation of public authority, it is not retrospective in relation to appeals in such
proceedings) should be followed even though a majority of Law Lords in the present case felt that it had been
decided wrongly.
imprisonment for non-violent offences. In R v Kefford [2002] All ER(D) 37, Lord Woolf LCJ called for courts
to accept the realities of the upsurge in prison population, and to think carefully about imprisoning perpetrators
of economic, non-violent, crimes.


income tax, minimum wage, VAT changes. Income tax rates for 2002-3 are, after allowances: 10 per cent on
first £1,920 (starting rate band); 22 per cent on £1,921-£27,980 (basic rate band); 40 per cent on income over
£29,900 (higher rate). Minimum wage goes up from 1 October 2002 to £4.20 per hour for workers aged 22 or
over; £3.60 per hour for workers aged 18-21 inclusive. Registration level for VAT is £55,000 p.a. after 24 April
2002 (deregistration limit is £53,000 p.a.).


information and consultation. Information and Consultation Directive (2002/14/EC), to be implemented by
March 2005, requires EU Member States to announce detailed provisions for ‘minimum requirements for the
right to information and consultation of employees and undertakings or establishments within the Community’.
‘Employees’ will be defined in terms of national employment law and practice.


insolvency, transfer of assets. Transfer of an asset conditional on the revesting of the asset in the transferor in
the event of the transferee’s insolvency is, in general, ineffective: Money Markets Stockbrokers Ltd v London
Stock Exchange plc [2001] 4 All ER 223.


judicial review, House of Lords and. In R v Hammersmith and Fulham LBC ex p Burkett (2002) The Times, 24
May, HL held that it had jurisdiction to consider appeal from refusal of CA, on a renewed application under
RSC, Order 59, r 14(3), of leave to apply for judicial review (in relation to planning appeal).


judicial review, pre-action protocol for. A claim or judicial review lodged after 4 March 2002 must comply
with the Pre-action Protocol: see Practice Statements from Administrative Court [2002] All ER (D) 12 (Feb). It
involves requirement for a letter before claim to be sent to all concerned, and a letter of response from
appropriate public body within 14 days.


jury deliberations. Despite Human Rights Act 1998, investigation into jury deliberations is not permitted: R v
Quereshi (2001) The Times, 11 September.


land registration, electronic conveyancing. Land Registration Act 2002, Part 8, authorises Registrar to
establish and operate a network of electronic conveyancing.


land registration, leases and. Under Land Registration Act 2002, s 4, leases of over seven years must be
registered. The Lord Chancellor is empowered to reduce this period.


laundering money. First Money Laundering Directive (Council Directive 9/308/EEC), seeking to prevent
misuse of banks and other financial institutions for laundering of criminal funds, implemented by Money
Laundering Regulations 1999 (SI 93/1933), is followed by Second Directive (2001/97/EC) extending
regulations to solicitors (to be implemented by 28 June 2003).


law reports. Under Practice Direction (Judgments: Neutral Citation) (2002) The Times, 17 January, system of
‘neutral’ case citation in operation in HL and CA is extended to cover judgments delivered by High Court
judges. Neutral citations should be given before the reference to series of reports in which the judgment appears.


lease, assignment of. In Ashworth Frazer Ltd v Gloucester CC (2001) 151 NLJ 1695, HL stated that as a matter
of law it could not be said that a landlord’s belief, however reasonable, that a proposed assignee intended to use
leased premises for a purpose which would produce a breach of a user covenant, could not in itself be a
reasonable ground for withholding consent to the assignment.


legislation, burdensome, reform of. A ministerial order may be made so as to reform legislation which
effectively imposes burdens affecting persons, so as to remove or reduce those burdens: Regulatory Reform Act
2001, s 1(1). ‘Burden’ includes restrictions, conditions, sanctions for failure to observe restrictions; but a burden
affecting only a government department is excluded: s 2(1).


limitation of action. HL has ruled that defendant in a negligence action can rely on defence of limitation even
though he did not disclose a relevant fact, as long as his concealment had not been deliberate: Cave v Robinson-
Jarvis & Rolf (2002) 152 NLJ 671. (See Limitation Act 1980, s 32.) The construction of s 32(2) by CA in
Brocklesby v Armitage [2001] 1 All ER 172 was wrong.


limitation periods. Law Commission has recommended repeal of Limitation Act 1980: Limitation of Actions
(2001). A single regime of limitation periods is recommended which will apply to all claims, with a primary
limitation period of three years and a long-stop ten-year limitation period commencing on the date on which the
relevant events take place.


local government, wilful misconduct. HL stated that the policy of selling council houses in marginal wards for
purpose of increasing number of voters who agreed with a particular political party’s policies constituted wilful
misconduct: Magill v Weeks (2001) 151 NLJ 1886; Local Government Finance Act 1982, s 20.


medical treatment, refusal of. It was held in B v An NHS Hospital Trust (2002) 152 NLJ 470, that there was a
presumption that a patient possesses the mental capacity to decide whether to accept or refuse medical treatment
in circumstances where a refusal will almost certainly lead to the patient’s death. If mental capacity is not in
issue and the patient has chosen to refuse treatment, the decision must be respected by the doctors. Questions as
to the ‘best interests of the patient’ are irrelevant. (B later died after asking doctors to switch off her life-support
machine: The Times, 30 April 2002, p7.)


miscarriage. Meaning of the term (which refers, generally, to a non-induced, spontaneous abortion) was
considered by Munby J in R (Smeaton) v Secretary of State for Health (2002) The Times, 2 May. The word is an
ordinary English word of flexible meaning which Parliament chose not to define in Offences against the Person
Act 1861, ss 58, 59. It should be interpreted as currently understood and in the light of current medical
knowledge. It is the termination of pregnancy which begins once the blastocyst is implanted in the
endometrium, and this clearly excludes results brought about by use of the ‘morning-after’ pill. (See
Prescription Only Medicines (Human Use) Amendment (No 3) Order 2000.)


mortgage cases. In Royal Bank of Scotland plc v Etridge (No 2) [2001] 3 WLR 1021 , HL gave guidance as to
when a bank is put on notice that a guarantor’s relationship with a debtor may increase risk of undue influence.
In general, this occurs whenever a wife offers to stand surety in relation to husband’s debts. The bank must
explain to her the risks of the secured transaction.


naval disciplinary courts. Naval Discipline Act 1957, s 52G, under which a disciplinary court may be ordered
for the trial of an officer below the rank of commander, is abolished: Armed Forces Act 2001, s 18.


no case, ruling of. A Crown Court judge is entitled, even when the defence case is completed, to rule that there
is no case to go before the jury if there is a lack of evidence on a count, or if no reasonable jury could convict on
the evidence presented: R v Brown [2002] 1 Cr App R 5.


nuclear weapons, use of. Under Anti-terrorism, Crime and Security Act 2001, s 47, it is an offence to use,
develop, produce, possess, participate in transferring, a nuclear weapon, subject to exceptions authorised by
Secretary of State or in the course of armed conflict.


nuisance, continuing. In Delaware Mansions Ltd v Westminster CC (2001) 151 NLJ 1611, HL decided that
where there was a continuing nuisance (damage to property resulting from tree roots) of which defendant knew
or ought to have known, the property owner may recover reasonable remedial expenditure he has incurred.


OFCOM. Office of Communications, set up under Office of Communications Act 2002, s 1(1), with initial
function of doing such things as it considers appropriate for facilitating the implementation of, or for securing
the modification of, any relevant proposals about the regulation of communications: s 2(1).


overriding interests. Under Land Registration Act 2002, Sch 1, the list of unregistered interests which override
first registration refers to ‘an interest belonging to a person in actual occupation, except for an interest under a
settlement under the Settled Land Act 1925’. This is a modification of Land Registration Act 1925, s 70 (1)(g).


parental leave. Maternity and Parental Leave Amendment Regulations 2001 (SI 2001/4010) give all parents of
children born or adopted by them between December 1994-December 1999 the right until 31 March 2005 to
take parental leave.


Parliament, primacy of. CA held, in R v Saunders and Others (2002) The Times, 1 February, that the Human
Rights Act 1998 preserved Parliamentary sovereignty; even if convictions resulted from procedures
characterised by Court of Human Rights as unfair, those convictions could not be declared unsafe by CA,
because the stigmatised procedures had been permitted expressly by Parliament.


pensions, annual uprating. QBD held, in R (Carson) v Secretary of State for Work and Pensions (2002) The
Times, 24 May, that the exclusion of pensioners resident abroad from the annual uprating of state retirement
pensions was not in breach of Human Rights Convention. The matter involved a political decision, not a judicial
one, and had to be made by Parliament.


pleas, discount on. In R v Barber [2001] All ER (D) 335 (Oct), CA held that, in relation to an offence triable
only on indictment, an appropriate discount for a prompt plea was around one-third. A higher discount might be
appropriate in the case of offences triable either way, where the plea was entered at plea-before-venue stage.


pre-emption, rights of. Under Land Registration Act 2002, s 115, a right of pre-emption in relation to
registered land has effect from time of creation as an interest capable of binding successors in title (subject to
rules concerning effect of dispositions on priority). The section has effect in relation to rights of pre-emption
created on or after the day on which this section comes into force.


prisoner, killing of by cell-mate. In Edwards and Another v UK (Application 46477/99) (2002) The Times, 1
April, Court of Human Rights held that UK was in breach of Human Rights Convention, art 2 (right to life)
when the appropriate agencies failed to warn prison staff of danger presented by a violent prisoner, who later
killed his cell-mate.


proceedings in chambers. The right to fair trial does not require that all proceedings shall be heard in open
court; nor is this required by Human Rights Act 1998, Sch 1, Part 1, art 6. Family proceedings may be heard in
chambers in private, under Family Proceedings Rules 1991: Cliberry v Allan [2002] 1 All ER 865.


proprietary estoppel, and mere equities. Land Registration Act 2002, s 116 declares, for the avoidance of
doubt that, in relation to registered land, each of the following – (a) an equity by estoppel, and (b) a mere equity,
has effect from the time the equity arises as an interest capable of binding successors in title.


proprietor in possession. Under Land Registration Act 2002, s 131(1), land is in the possession of the
proprietor of a registered estate in land if it is physically in his possession, or in that of a person who is entitled
to be registered as the proprietor of the registered estate; thus land in possession, or which is treated as being in
possession of a tenant or licensee is treated for purposes of s 131(1) as in the possession of the landlord or
licensor. A squatter who is physically in possession is not to be considered as a proprietor in possession: s
131(3).


prostitution , advertisements relating to. It is an offence for a person to place on, or in the immediate vicinity
of, a public telephone, an advertisement relating to prostitution with the intention that it should come to the
attention of other persons: Criminal Justice and Police Act 2001, s 46(1). ‘Public telephone’ means any
telephone located in a public place and made available for use by the public, or a section of the public: s 46(5).


provocation and lack of intent, defences of. Defences of lack of intent and provocation cannot be raised on
behalf of a defendant found to be under a disability rendering him unfit to plead to a count of murder under
Criminal Procedure (Insanity) Act 1964, s 4A: R v Grant (2001) The Times, 10 December.


psychiatric illness, stress-induced. In Sutherland v Hatton [2002] EWCA Civ 76, CA set out guidelines for
courts in determining negligence claims against an employer where claimant had been unable to continue work
because of a stress-induced psychiatric illness. An assessment of damages would take into account any pre-
existing disorder or vulnerability.


public interest, defence of. In R v Shayler (2002) The Times, 22 March, HL held that an ex-member of the
Security Service, prosecuted under Official Secrets Act 1989, for unauthorised disclosure of documents acquired
during his service, had no entitlement to rely on defence of his disclosure having been made in the public
interest.


reasons, judge’s duty to give. In English v Emery Reimbold Ltd (2002) The Times, 10 May, CA held that it was
the duty of a judge to give a judgment that explained clearly why an order had been made. Such a judgment had
to enable the parties and an appellate court to understand the reasons for the decision, and it should identify the
vital issues and the manner of their resolution.


sentences, extended. Where an extended sentence is being considered for defendants convicted of sex offences
or offences of violence, under Powers of the Criminal Courts (Sentencing) Act 2000, s 85, defence counsel
should be given advance warning. Sentencing necessitates: decision on sentence commensurate with gravity of
offence; consideration of whether longer period in custody is essential for protection of public from offender;
where sentence is four years or more (arising from sexual or violent offence), consideration of adequacy of
sentence to prevent further offences by offender and to effect his rehabilitation. See R v Nelson (2001) The
Times, 10 December.


sex discrimination. A person discriminates against a woman if he applies to her a provision, criterion or
practice which he applies or would apply equally to a man, but (a) which is such that it would be to the
detriment of a considerably larger proportion of women than men; and (b) which he cannot show to be
justifiable irrespective of the sex of the person to whom it is applied; and (c) which is to her detriment: SI
2001/2660, amending Sex Discrimination Act 1975. Further, when an employee has made a complaint and a
prima facie case is established, employers will have to prove that no discrimination has taken place.


suicide, assisted. In R (on application of Pretty) v DPP (2001) 151 NLJ 1819, it was held that DPP has no
power to undertake not to prosecute any person before an offence (eg, assisting in a suicide) has been
committed); Suicide Act 1961, s 2(1), is not incompatible with Human Rights Convention; there is no right ‘to
die with dignity’ under Convention, arts 2, 3, 8, 9. Court of Human Rights held (see (2002) 152 NLJ 707) that
there had been no violation of art 8, and that arts 2, 3, 9 had not been engaged. (Mrs Pretty later died in a
hospice from motor neurone disease: The Times, 13 May 2002.)


terrorist, suspected international. Under Anti-terrorism, Crime and Security Act 2001, s 21, Secretary of State
may issue a certificate if he reasonably believes that a person’s presence in the UK is a risk to national security,
and he suspects that the person is or has been concerned in the commission, preparation or instigation of acts of
international terrorism or belongs to or has links with an international terrorist group. Detention, deportation and
removal are covered in ss 22, 23.


threatening to destroy or damage another’s property. Principal issues to be taken into account when
considering ingredients of offence under Criminal Damage Act 1971, s 2, are: whether threat has objectively
been made to another; whether the words and actions were objectively considered to be capable of constituting
such a threat; whether defendant intended that person threatened would fear that the threat would be carried out:
R v Cakmak (2002) The Times, 28 March.


trial, integrity of, prejudice to. Privy Council held, in Randall v The Queen (2002) The Times, 24 April, that
even though not every deviation from criminal proceedings conduct rules would make for an unfair trial, a point
could be reached when deviations from good practice might be so gross, persistent, prejudicial, irremediable that
the court would be obliged to condemn the trial as unfair and quash the conviction as unsafe, however strong the
grounds were for believing defendant to be guilty.


victim, personal statement by. Lord Woolf LCJ has issued a practice statement [2001] All ER (D) 216 (1
October)) concerning personal statements by victims in relation to sentencing: statement and supporting
evidence should be taken into account prior to passing sentence; evidence of effects of offence should be in
proper form and served on defendant prior to sentencing; opinions of victim concerning sentence are not
relevant.


working time. From October 2001, Working Time Regulations (SI 1998/1833) are amended so as to remove
qualifying period necessary to receive entitlement to paid annual leave; a worker now has a right to paid annual
leave from the first day of his employment.

				
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