C

Cabinet n. A body of *ministers (normally about 20) consisting mostly of heads of
chief government departments but also including some ministers with few or no
departmental responsibilities; it is headed by the *Prime Minister, in whose gift
membership lies. As the principal executive body under the UKconstitution, its
function is to formulate government policy and to carry it into effect (particularly
by the initiation of legislation). The Cabinet has no statutory foundation and exists
entirely by convention, although it has been mentioned in statute from time to
time, e.g. in the Ministers of the Crown Act 1937, which provided additional salaries
to "Cabinet Ministers". The Cabinet is bound by the convention of collective
responsibility, i.e. all members should fully support Cabinet decisions; a member
who disagrees with a decision must resign. If the government loses a vote of
confidence, or suffers any other major defeat in the House of Commons, the whole
Cabinet must resign.

cabotage n. Transport services provided in one member state of the EU by a
carrier of another state. Article 71 (formerly 75) of the Treaty of Rome provides that
the Council of the European Union may lay down proposals in relation to the
conditions under which nonresident carriers may operate transport services within a
member state.

CAC See CENTRAL ARBITRATION COMMITTEE.

Cafcass See CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE.

Calderbank letter (Calderbank offer) Formerly, a letter sent by one party to a
civil action, in which a remedy other than debt or damages is claimed, to another
offering to compromise the action on terms specified in the letter. The first such
letter was sent in the case Calderbank v Calderbank (1976). Calder bank offers are now
(since the introduction of the *Civil Procedure Rules in 1999) known as *Part 36 offers.

call n. 1. A ceremony at which students of the Inns of Court become barristers. The
name of the student is read out and he is "called to the Bar" by the Treasurer of his
Inn. Call ceremonies take place four times a year, once in each dining term. 2. A
demand by a company under the terms of the articles of association or an ordinary
resolution requiring company members to pay up fully or in part the nominal value
of their shares. Unless the articles provide otherwise, calls must be made equally
upon all shareholders of the same class. Calls should be distinguished from
instalments, which become due upon a date predetermined at the time the shares
were issued. See also PAID-UP CAPITAL.

calling the jury Announcing the names of those selected to serve on a jury as a
result of a ballot of the jury panel.

Calvo clause [named after the Argentine jurist Carlos Calvo (1824~1906)] A clause
in a contract stating that the parties to the contract agree to rely exclusively on
domestic remedies in the event of a dispute. The insertion of such a clause in a
contract was an attempt, originally by Latin American countries, to eliminate
diplomatic intervention should a dispute arise with a foreign national: by making
such a contract the foreign national was said to have renounced the protection of
his government. The clause is in effect in most cases superfluous - firstly, because
diplomatic intervention belongs to the state only, and thus cannot be renounced by
an individual; and secondly, because the exhaustion of local remedies is always taken
to be a *condition precedent to appealing for diplomatic intervention. Since the
1930s such clauses have not been used in international disputes.

cancellation n. 1. (in equity) An order by the court that specified documents
should no longer have effect. This may occur when a document has fulfilled its
purpose but its continued existence could lead to improper claims against its
maker. 2. (in commercial law) The right to cancel a commercial contract after it has
been entered into. The right to cancel exists generally for contracts concluded at a
distance (see DISTANCE SELLING), such as mail order and Internet sales when the
contract is with a *consumer, and in particular in such sectors as time-share sales
and consumer credit.

cannabis n. A drug obtained from the crushed leaves and flowers of the hemp
plant (Cannabis sativa); under the Misuse of Drugs Act 1971 cannabis is defined as a
*controlled drug of Class B,but in October 2001 the Home Secretary announced a
decision to reclassify it as a Class C drug. In addition to the offences applying to all
controlled drugs, there is a specific offence applying only to cannabis and cannabis
resin (and also to prepared opium): it is an offence for an occupier, landlord, or
property manager to allow these substances to be smoked on the premises he
occupies or manages.

cannon-shot rule The rule by which a state has territorial sovereignty of that
coastal sea within three miles of land. Its name derives from the fact that in the
17th century this limit roughly corresponded to the outer range of coastal artillery
weapons and therefore reflected the principle terrae dominum finitur, ubi finitur
armarium vis (the dominion of the land ends where the range of weapons ends). The
rule is now not widely recognized: many nations have established a 6- or 12-mile
coastal limit. See alsoTERRITORIAL WATERS.

canonical disability See IMPOTENCE.

canon law (ecclesiastical law) Church law, such as the Roman Catholic Code of
Canon Law and, in England, the law of the Church of England. Unless subsequently
becoming *Iegislation or *custom, it is not part of the laws of England but is
binding on the clergy and lay people holding ecclesiastical office, e.g. churchwardens.
See ECCLESIASTICAL COURTS.

CAP See COMMON AGRICULTURAL POLICY.

capacity of a child in criminal law See DOLI CAPAX.

capacity to contract Competence to enter into a legally binding agreement. The
main categories of persons lacking this capacity in full are minors, the mentally
disordered, the drunk, and corporations other than those created by royal charter.
A minor is capable of making valid contracts for *necessaries and is also bound by
any beneficial contract of service into which he enters (i.e. any contract of
employment or training that is advantageous to him taken as a whole). Certain
contracts of a proprietary nature (e.g.tenancy agreements, agreements to buy
company shares, and partnership agreements) are voidable in that a minor may
repudiate them either before he comes of age or within a reasonable time thereafter.
If he fails to repudiate, he becomes fully bound. All other contracts made by a
minor are unenforceable unless ratified by the minor when he comes of age (see
RATIFICATION) unless the Minors Contracts Act 1987applies. This Act gives the court
the right to require the transfer of property acquired by a minor under a contract
when it is just and equitable to do so and improves the rights of adults contracting
with minors.
A contract made by a person who is mentally disordered or drunk is voidable if
the other party knows that his disorder or drunkenness will prevent him from
understanding what he is doing. This means that, subject to certain limitations, he
can set the contract aside by *rescission.
A corporation incorporated by royal charter has full contractual capacity, but a
statutory corporation has power to contract only for purposes connected with the
objects for which it was incorporated. Other contracts are *ultra vires and void.

capias n. [Latin: that you take] One of a group of writs of assistance conferring
certain supplemental powers upon the sheriff in respect of the enforcement of
judgment. Such writs are now obsolete.

capital 1. (share capital) A fund representing the contributions given to the
company by shareholders in return for their shares. These assets are intended to
protect the interests of any creditors in the event of a *limited company
encountering financial difficulties, and there are rules under the Companies Act
1985 to ensure that this fund is not reduced unless it is absolutely necessary. Each
share is assigned a nominal or par value to enable each holder to measure his
interest in and liability to the company. In a company limited by shares (see LIMITED
COMPANY) the liability of a shareholder is limited to the unpaid purchase price of the
share. If a company is able to command a market price for a share that is above the
nominal value assigned to it, the difference is said to represent a premium. The
total number of shares and their nominal values must be stated in the capital clause
of the *memorandum of association and represents the company's authorized
share capital. See AUTHORIZED CAPITAL. 2. See LOAN CAPITAL.

capital allowance A tax allowance for businesses on capital expenditure on
particular items. These include *machinery and plant, industrial buildings,
agricultural buildings, mines and oil wells, energy-saving equipment, and scientific
equipment. For other types of expenditure neither the capital cost nor the
depreciation is allowable against tax. The percentage of the expenditure allowed
varies (up to 100%) according to the type of expenditure. If a business's capital
allowances exceed its profit, it may carry forward the balance for setting against
future profits.

capital gains tax A tax charged on gains arising from the disposal of assets. The
tax due is a proportion of the chargeable gain, which in general terms is the
amount by which the proceeds of the disposal exceed the original cost of acquiring
the asset. If the disposal results in a loss, this may be offset against other chargeable
gains in the same year or subsequent years. Assets that may be taxed in this way
include stocks, shares, unit trusts, land, buildings, machinery, jewellery, and works
of art. There are, however, a number of exemptions, including private motor
vehicles, an individual's *main residence, National Savings Certificates, and most
personal chattels with an expected life of less than 50 years. Marketable government
securities held for longer than 12 months are also exempt. Gains arising from the
disposal of business assets may be offset against the cost of acquiring replacement
assets. This is known as roll-over relief. Capital gains tax applies only to gains
accruing since 31 March 1982. If the asset was held before this date, the gain is based
on the asset's market value on 31 March 1982. The gain will be reduced by taper
relief if the asset was held for more than one year. For example, a business asset
owned for three years will have the gain reduced by 50%. The first .7500 (for
2001-02) of annual gains is exempt. The rate of tax is the taxpayer's marginal rate of
income tax (10-40% in 2001-02).

capitalization issue See BONUS ISSUE.

capital money Money arising from certain transactions relating to *settled land
or land held on a *trust of land. It may arise from sale, the granting of certain
leases and similar transactions, borrowing on the security of a mortgage, and other
circumstances in which the money should be treated as capital of the settlement, e.g.
the proceeds of a fire insurance claim relating to the land. Generally capital money
must be received by the trustees of the settlement, not the beneficiary. When the
money is raised or paid for a specific purpose (e.g.for improvements authorized by
the Settled Land Act 1925) it must be applied for that purpose. Otherwise, it is
invested and held by the trustees on the same trusts as the land itself was held.

capital punishment Death (usually by hanging) imposed as a punishment for
crime. Capital punishment for murder was abolished in the UKunder the Murder
(Abolition of Death Penalty) Act 1965. The death penalty continued to exist for a
small number of offences, such as *piracyand *treason. The ratification by the UK
of the Sixth Protocol of the European Convention on Human Rights and the
introduction of the *Human Rights Act 1998 has meant that the death penalty is
now completely abolished, apart from special provisions in respect of acts in times
of war. Its reintroduction would be a violation of the Human Rights Act and, at an
international level, a breach of a treaty obligation.

capital redemption reserve A fund established to protect creditors by ensuring
that the assets representing a company's *capital are not reduced. In limited
circumstances a company is permitted to buy back its own shares. If this is provided
for by a term in the original share contract the company redeems its own shares. If
no such term exists the company makes a purchase of its own shares. In either
case the value of the capital sum will be reduced by the amount of the purchase or
redemption unless an equal amount is transferred to a reserve that is subject to the
same restrictions as the capital.

capital transfer tax (eTT) A tax formerly levied on property passing on death
and on transfers of wealth during a person's lifetime. See INHERITANCE TAX.

capitulation n. 1. An agreement under which a body of troops or a naval force
surrenders upon conditions. The arrangement is a bargain made in the common
interest of the contracting parties, one of which avoids the useless loss that is
incurred in a hopeless struggle, while the other, besides also avoiding loss, is spared
all further sacrifice of time and trouble. A capitulation must be distinguished from
an unconditional surrender, which need not be effected on the basis of an
instrument signed by both parties and is not an agreement. 2. A system of
extraterritorial jurisdiction, based partly upon custom and partly upon treaties of
unilateral obligation, in which cases relating to foreign citizens were tried before
diplomatic or consular courts operating in accordance with the laws of the states
concerned. The practice is now obsolete, being a clear breach of the right of
sovereign equality between states.

caravan n. For the purpose of collective *trespass and *powers of search in
anticipation of violent disorder, any structure adapted for human habitation and
capable of being moved from one place to another, either by being towed or being
transported on a motor vehicle or trailer. See alsoUNAUTHORIZED CAMPING.

care and control Formerly, the right to the physical possession and control of the
day-to-day activities of a minor. See PARENTAL RESPONSIBILITY; SECTION 8 ORDERS.

care contact order An order of the court allowing a local authority to restrict
*contact with a child in care (see CARE ORDER). Under the Children Act 1989 there is a
presumption that children in care will have reasonable contact with their parents
(including unmarried parents) or those who have had care of them and a local
authority must now seek a court order if it wishes to limit such contact.

careless and inconsiderate driving The offence of driving a motor vehicle on
a road or other public place without due care and attention or without reasonable
consideration for other road users. This is a *summary offence for which the
maximum penalty is a *fine at level 4 on the standard scale and it carries 3-9
penalty points under the *totting-up system; *disqualification is discretionary. This
offence, defined by the Road Traffic Act 1988 (in a section inserted by the Road
Traffic Act 1991), replaces the former offences of careless driving and inconsiderate
driving. See also CAUSING DEATH BY CARELESS DRIVING.

careless statement See NEGLIGENT MISSTATEMENT.

care or control Protection and guidance of a minor or the discipline of such a
child. A court has authority to make orders in care proceedings only if it is satisfied
that (in addition to other specified conditions) the child is in need of care or is
beyond control. In this context it is not necessary to show that all his day-to-day
needs are being neglected. See CARE ORDER.

care order A court order placing a child under the care of a local authority. Under
the Children Act 1989 an application for a care order can only be made by a local
authority, the NSPCC, or a person authorized by the Secretary of State. The court has
the power to make a care order only when it is satisfied that a child is suffering or
likely to suffer significant harm either caused by the care (or lack of care) given to
it by its parents, or because the child is beyond parental control (the so-called
threshold criteria). The phrase "significant harm", as defined in the Children Act,
means ill treatment (including sexual abuse and forms of treatment that are not
physical) or the impairment of health (either physical or mental) or development
(whether physical, intellectual, emotional. social, or behavioural). Once the court IS
satisfied that the threshold criteria have been satisfied, it must decide whether a
care order would be in the best interests of the child. In so doing, it should
scrutinize the *care plan drawn up in respect of the child. The court may, instead of
making a care order, make a *supervision order or a *section 8 order. Since the
coming into force of the Human Rights Act 1998, the court must ensure that the
granting of a care order will not be in breach of Article 8 (which guarantees a right
to *family life); the court must be satisfied that any intervention by the state
between parents and children is proportionate to the legitimate aim of protecting
family life. A care order gives the local authority *parental responsibility for the
child who is the subject of the order. Although parents retain their parental
responsibility, in practice all major decisions relating to the child are made by the
local authority. While the child is in care, the local authority cannot change the
child's religion or surname or consent to an adoption order or appoint a guardian.
There is a presumption that parents will have reasonable contact with their children
while in care; if the local authority wishes to prevent this, it must apply for a court
order to limit such contact. A parent with parental responsibility, the child itself, or
the local authority may apply to discharge a care order. No care order can be made
with respect to a child who is over the age of 16. A local authority can no longer use
*wardship proceedings as an alternative means of obtaining a care order, nor may it
take a child into care through administrative means. Before the Crime and Disorder
Act 1998 came into force a care order could only be made if the threshold criteria
were ~et. N?w, .h~wever, the family proceedings court has the power to make a care
order If a child IS in breach of a *child safety order.

care plan A plan drawn up by a local authority in respect of a child it is looking
after. The purpose of a care plan is to safeguard and promote the welfare of the
child in accordance with the local authority's duties under the Children Act 1989.
The plan will address such matters as where the child is be placed and the likely
duration of such a placement, arrangements for contact between the child and its
famil~, and .what the needs of the child are and how these might be met. When a
court IS deciding whether or not to make a *care order or a *supervision order in
respect of a child, the care plan is of crucial importance and must be scrutinized
carefully.

care proceedings See CARE ORDER.

c~rgo n. Goods, other than the personal luggage of passengers, carried by a ship or
aircraft, Normally (but not necessarily in relation to insurance) "cargo" denotes the
whole of a ;;hip's loading. Under a ship's charterparty, the freight payable to the
shipowner IS normally calculated at a rate per tonne of cargo. Unless otherwise
agreed, the duty of the charterer is to provide a full and complete cargo: if he fails
to do this, he is liable for damages known as dead freight.

carriage of goods by air The act of carrying goods by air, which is normally
under a contract between the consignor and a *carrier. International carriage has
been the sUbj~ct of several international conventions: Warsaw (1929), The Hague
(1955), Guadalajara (1961),Guatemala (1971),and Montreal (1975). The UKis party to a
number of these Conventions, which have been given effect by the Carriage by Air
Acts 1932, 1961, and 1962 and the Carriage by Air and Road Act 1979 (in part not yet
in force). They deal with such matters as the nature and limit of the carrier's
liability, who can sue and be sued, the right to stop in transit, the documentation of
air carriage, and time limits for complaint.
~arrjer n. One who transports persons or goods from one place to another. Carriage
IS normally under a contract that may affect or limit the duties otherwise imposed
by law, but sum contracts may be subject to statutory control. Carriers of goods are
bailees of the goods consigned. A common carrier is one who publicly undertakes to
carry any goods or persons for payment on the routes he covers. A common carrier
is subject to three ~ommon-Iawduties: (1) he must, if he has space, accept any goods
of the type he carnes or any person; (2)he must charge only a reasonable rate; and
(3) he is strictly liable for all loss or damage to goods in the course of transit (but see
INHERENT VICE). All other carriers are private carriers, and they owe only a duty of
reasonable care.
car~jer's I~en The right of a common *carrier to retain possession of goods he has
carried until he has been paid his freight or charge.

cartel n. 1. An ag.reement between belligerent states for certain types of nonhostile
transactions, especially the treatment and exchange of prisoners. 2. A national or
:nternatlOnal association of independent enterprises formed to create a *monopoly
in a given industry.

case n. 1. Acourt *action. 2. A legal dispute. 3. The arguments, collectively, put
forward by either SIde in a court action, 4. (action on the case) A form of action
abolished by the Judicature Acts 1873-75.

case law The body of law set out in judicial decisions, as distinct from *statute
law. See alsoPRECEDENT.

case management Under the *Civil Procedure Rules (CPR), the new procedure
for managing civil cases, as proposed in Lord Woolf's Access to Justice (Final Report)
1996.Under the new regime, the judge becomes the case manager. A case is allocated
to one of three tracks, depending on the value of the dispute and the complexity of
the case: the *small claims track, *fast track, or *multi-track. Each case is actively
managed by the judge on a court-controlled timetable with the aims of encouraging
and facilitating cooperation between the parties, identifying the areas in dispute,
and encouraging settlement. The court can control progress and even 'strike out' an
action. In considering the benefits of a particular way of hearing it can use a range
of procedural devices to enforce discipline against lawyers not complying with CPR
*pre-action protocols and/or *Practice Directions, including costs sanctions and
refusing an extension of time.

case management conference Under the *Civil Procedure Rules, a central
feature of *case management at which the judge reviews the progress of the case
preparation, including the degree of compliance with *Practice Directions and *preaction
protocols. Legal representatives will attend, and the judge is able to make
further directions as are considered necessary.

case stated A written statement of the facts found by a magistrates' court or
tribunal (or by the Crown Court in respect of an appeal from a magistrates' court)
submitted for the opinion of the High Court (Queen's Bench Divisional Court) on
any question of law or jurisdiction involved. Any person who was a party to the
proceedings or is aggrieved by the decision can request the court or tribunal to state
a case; if it wrongly refuses, it can be compelled to do so by a *mandatory order.

casus belli [Latin: occasion for war] An event giving rise to war or used to justify
war. The only legitimate casus bellinow is an unprovoked attack necessitating selfdefence
on the part of the victim.

casus omissus [Latin: an omitted case) A case inadvertently not provided for in a
defective statute.

catching bargain (unconscionable bargain) A contract on very unfair terms.
An example is the sale of a future interest in property at a gross undervalue, made
by someone with expectations to succeed to the property who is in immediate need
of money. Such a contract may be set aside or modified by a court of equitable
jurisdiction.

cattle trespass An early form of strict liability for damage done by trespassing
cattle or other livestock (but not dogs or cats), replaced in England by the Animals
Act 1971. Under the 1971 Act, the owner of livestock that strays on another's land and
does damage to the land or any property on it is liable for the damage and any
expenses incurred in keeping the livestock or ascertaining to whom it belongs. See
CLASSIFICATION OF ANIMALS.

causa causans [Latin] The effective cause. See CAUSATION.

causation n. The relationship between an act and the consequences it produces. It
is one of the elements that must be proved before an accused can be convicted of a
crime in which the effect of the act is part of the definition of the crime (e.g.
murder). Usually it is sufficient to prove that the accused had *mens rea (intention
or recklessness) in relation to the consequences; the *burden of proof is on the
prosecution. In tort it must be established that the defendant's tortious conduct
caused or contributed to the damage to the claimant before the defendant can be
found liable for that damage. Sometimes a distinction is made between the effective
or immediate cause (causa causans) of the damage and any other cause in the
sequence of events leading up to it (causa sine qua non). Simple causation problems
are solved by the "but for" test (would the damage have occurred but for the
defendant's tort?), but this test is inadequate for cases of concurrent or cumulative
causes (e.g.if the acts of two independent tortfeasors would each have been
sufficient to produce the damage).
Sometimes a new act or event (novus actus (or nova causa) interveniens) may
break the legal chain of causation and relieve the defendant of responsibility. Thus
if a house, which was empty because of a nuisance committed by the local authority,
is occupied by squatters and damaged, the local authority is not responsible for the
damage caused by the squatters. Similarly, if X stabs Y,who almost recovers from
the wound but dies because of faulty medical treatment, X will not have "caused"
the death. It has been held, however, that if a patient is dying from a wound and
doctors switch off a life-support machine because he is clinically dead, the attacker,
and not the doctors, "caused" the death. If death results because the victim has some
unusual characteristic (e.g.a thin skull) or particular belief (e.g.he refuses a blood
transfusion on religious grounds) there is no break in causation and the attacker is
still guilty.

cause n. 1. A court *action. 2. See CAUSATION.

Cause Book The book recording the issue of claim forms in the *Central Office of
the Supreme Court and certain later stages of the court proceedings.

Cause List A list of cases to be heard, displayed in the precincts of a court. The
DailyCause List lists all cases for trial in the Royal Courts of Justice and its outlying
buildings. It also contains the warned list of cases about to be listed for hearing.
cause of action The facts that entitle a person to sue. The cause of action may be
a wrongful act, such as *trespass; or the harm resulting from a wrongful act, as in
the tort of *negligence.

causing death by careless driving The offence committed by someone whose
driving while unfit through drink or drugs or driving over the prescribed limit (see
DRUNKEN DRNING) results in the death of another person. For this offence, which was
created by the Road Traffic Act 1991, the driving must be judged careless (see
CARELESS AND INCONSIDERATE DRIVING) rather than dangerous (compare CAUSING DEATH
BY DANGEROUS DRIVING); the maximum punishment is five years' imprisonment and
compulsory *disqualification.

causing death by dangerous driving The offence committed by someone
guilty of *dangerous driving that results in the death of another person. The
offence is defined by the Road Traffic Act 1991 and replaces the former offence of
causing death by reckless driving (defined in the Road Traffic Act 1988). If the
danger is such that there is an obvious and serious risk of injury to another person
or significant damage to property - and the driver either recognizes the risk or fails
to give any thought to the possibility that such a risk exists - this will constitute
reckless *manslaughter in addition to causing death by dangerous driving. The
maximum penalty for causing death by dangerous driving is ten years'
imprisonment and compulsory *disqualification for not less than two years.

caution n. 1. (in criminal law) a. A warning that should normally be given by a
police officer, in accordance with a code of practice issued under the Police and
Criminal Evidence Act 1984,when he has grounds for believing that a person has
committed an offence and when arresting him. The caution is in the following
terms: "You do not have to say anything. But it may harm your defence if you do
not mention when questioned something which you later rely on in court. Anything
you do say may be given in evidence." The caution must be given before any
questions are put. If a person is not under arrest when a caution is given, the officer
must say so; if he is at a police station the officer must also tell him that he is free
to leave and remind him that he may obtain legal advice. The officer must record
the caution in his pocket book or the interview record, as appropriate. See RIGHT OF
SILENCE. b. A warning by a police officer, on releasing a suspect when it has been
decided not to bring a prosecution against him, that if he is subsequently reported
for any other offence, the circumstances relating to his first alleged offence may be
taken into account. It is common practice for the police to give this type of caution,
although the procedure has no statutory basis and there are no legal consequences if
it is not followed. 2. (in land law) A document lodged at the Land Registry by a
person having an interest in registered land, requiring that no dealing with that
land be registered until the cautioner has been notified, so that he may lodge an
objection. For example, a caution might be lodged by someone who was induced by
fraud to convey his land, in order to prevent the fraudulent transferee from
registering his title. If a caution is lodged unreasonably the cautioner may be
ordered to compensate anyone to whom it causes loss. The Land Registrar may order
the caution to be vacated if he considers it to be unjust.
caveat n. [from Latin: let him beware] A notice, usually in the form of an entry in
a register, to the effect that no action of a certain kind may be taken without first
informing the person who gave the notice (the caveator). For example, a caveat may
be filed in the Probate Registry by someone claiming an interest in a deceased
person's estate. The caveat prevents anyone else from obtaining a *grant of .
representation without reference to the caveator, who may thus ensure that hIS
claim is dealt with in the distribution of the estate.

caveat actor [Latin] Let the doer be on his guard.

caveat emptor [Latin: let the buyer beware] A common-law maxim warning a
purchaser that he could not claim that his purchases were defective unless he
protected himself by obtaining express guarantees from the vendor. The maxim has
been modified by statute: under the Sale of Goods Act 1979(a consolidating statute),
contracts for the sale of goods have implied terms requiring the goods to
correspond with their description and any sample and, if they are sold in the course
of a business, to be of satisfactory quality and fit for any purpose made known to
the seller. Each of these implied terms is a condition of the contract. However, in
most commercial contracts the implied terms are excluded. This will usually be
valid unless the exclusion is unreasonable or unfair under the law relating to unfair
contract terms. These statutory conditions do not apply to sales of land, to which
the maxim caveat emptor still applies as far as the condition of the property is
concerned. However, a term is normally implied that the vendor must convey a good
*title to the land, free from encumbrances that were not disclosed to the purchaser
before the contract was made.

caveat subscriptor [Latin] Let the person signing (e.g.a contract) be on his guard.

caveat venditor [Latin] Let the seller be on his guard.

Cd See COMMAND PAPERS.

CE [French Communaute europeenne: European Community] A marking applied to
certain products, such as toys and machinery, to indicate that they have complied
with certain EU directives that apply to them, including *electromagnetic
compatibility. A CE marking is not a quality mark, but it indicates that health and
safety and other legislation has been complied with. The manufacturer or first
importer into the EU must apply the CEmarking; fines can be levied for breach of
the rules.

CELEX [Latin Communitatis Buropae Lex: European Community Law]A database of
EU material of a legislative nature, such as directives, regulations, and treaties,
including national legislation. It is possible to access this electronically through the
on-line data service EURIS.

Central Arbitration Committee (CAC) A statutory body, established under the
Employment Protection Act 1975(consolidated into the Trade Union and Labour
Relations (Consolidation) Act 1992), that consists of a chairman and members
appointed by the Secretary of State for Work and Pensions from persons nominated
by *ACAS. The Committee determines disputes relating to: (1) arbitration in *trade
disputes referred by ACAS with the consent of both parties; (2) *disclosure of
information to trade unions; (3) the application of the Equal Pay Act 1970(see EQUAL
PAY) to collective agreements (see COLLECTIVE BARGAINING); (4) recognition of trade
unions for the purpose of *collective bargaining (see RECOGNITION PROCEDURE); and (5)
specified issues in relation to the introduction and operation of *European Works
Councils.
When the Committee makes an award of pay and/or conditions of employment
these generally become incorporated in the contracts of employment of individual
employees and are enforceable in the courts.

Central Criminal Court The principal *Crown Court for Central London, usually
known from its address as the Old Bailey. The Lord Mayor of London and any City
aldermen may sit as judges with High Court or circuit judges or recorders. See also
COMMON SERJEANT.

Central Office The administrative organization of the *Supreme Court of
Judicature in London, from which claim forms are issued. Its business is
superintended by the Queen's Bench Masters (see MASTERS OF THE SUPREME COURT), one
of whom sits each day as practice master to give any directions that may be
required on questions of practice and procedure.

certificate of incorporation A document issued by the Registrar of Companies
after the *registration of a company, certifying that the company is incorporated
(see INCORPORATION). For a *limited company, the certificate also certifies that the
company members have limited liability, and for a *public company the fact that it
is a public company. The validity of the incorporation cannot thereafter be
challenged.

Certification Officer (CO) An official appointed by the Secretary of State for
Work and Pensions (formerly Employment) under the Trade Union and Labour
Relations (Consolidation) Act 1992, whose main duties concern the supervision of
trade unions' and employers' associations' obligations as bodies corporate to keep
accounting records and submit audited reports and accounts to him. He is also
responsible for the certification of trade unions as independent in appropriate cases
(see INDEPENDENT TRADE UNION). The powers of the COwere greatly increased by the
Employment Relations Act 1999; in particular, the COsubstantially took over the
duties of both the Commissioner for the Rights of Trade Union Members and the
Commissioner for the Protection Against Unlawful Industrial Action, which were
abolished by that Act. See STRIKE; TRADE UNION.

certiorari n. [Latin: to be informed] See QUASHING ORDER.

certum est quod certum reddi potest [Latin] If something is capable of being
made certain, it should be treated as certain. For example, a landlord can only
distrain for rent (see DISTRESS) if the amount of rent is certain. However, if the
amount of the rent is capable of being ascertained, it is treated as certain.

cessate grant A grant (e.g. of a lease) renewing a previous grant that has lapsed.
cesser n. The premature termination of some right or interest. For example, if
land is held in trust for A for life so long as he does not marry and then for B, there
is a cesser of A's life interest if he marries. A mortgage under which the mortgagor
attorns tenant of the mortgagee (see ATTORNMENT) provides for cesser on redemption:
thus the tenancy ends whenever the debt is repaid.

cesser clause A clause inserted in a charterparty when the charterer intends to
transfer to a shipper his right to have goods carried. It provides that the shipowner
is to have a lien over the shipper's goods for the freight payable under the
charterparty, and that the charterer's liability for that freight will cease accordingly
on shipment of a full cargo.

cession n. The transfer of sovereignty over a territory by means of a treaty. This
may either be a peace treaty (e.g.the peace treaty between France and Germany in
1871 that made Alsace-Lorraine part of the German empire), a treaty to exchange
territory (e.g.the treaty of 1890 whereby the UK ceded Heligoland to Germany in
exchange for Zanzibar), or more rarely a treaty bestowing a gift. See also DERIVATIVE
TITLE.
cestui que trust [Norman French, from cestuiaque trust, he for whom is the
trust] Formerly, a beneficiary under a trust.
cestui que use [Norman French, from cestuiaque use,he to whose use] A person
to whose use (i.e. for whose benefit) property was held by another. The modern
equivalent is the *beneficiary. See USE.
cestui que vie [Norman French, from cestuiaque vie,he for whose life] A person
for whose life an interest in property is held by another person. See ESTATE PUR AUTRE
VIE.

CEl See COMMON EXTERNAL TARIFF.

CFP See COMMON FISHERIES POLICY.

CFSP (common foreign and security policy) See EUROPEAN UNION; MAASTRICHT
TREATY.

chain of executorship (chain of representation) A rule under the
Administration of Estates Act 1925 by which the executor of someone who was
himself a sole or surviving executor stands, on the latter's death, in his place as
executor of the testator who appointed him. Thus, if A appoints B as his only
executor and B in turn appoints C as his own executor, on the death of A and B,C
becomes the executor of both. The rule does not apply on intestacy or to an
administrator, and the chain is broken by the failure of a testator to appoint an
executor or a failure to obtain probate. See alsoDE BONIS NON ADMINISTRATIS.

challenge to jury A procedure by which the parties may object to the
composition of a jury before it is sworn. Before the Criminal Justice Act 1988 came
into force a challenge could be peremptory (i.e. with no reason for the challenge
being given) or for cause. Peremptory challenges were abolished by the Criminal
Justice Act 1988, but the prosecution can ask that a juror "stand by", in which case
he rejoins the jury panel and may be challenged for cause when the rest of the
panel has been gone through. Either party may challenge for cause. This may be to
the array, in which the whole panel is challenged by alleging some irregularity in
the summoning of the jury (e.g. bias or partiality on the part of the jury
summoning officer): or to the polls, in which individual jurors may be challenged.
Any challenge to jurors for cause is tried by the judge before whom the accused is
to be tried.

chambers pl. n. 1. The offices occupied by a barrister or group of barristers. (The
term is also used for the group of barristers practising from a set of chambers.)
2. The private office of a judge, master, or district judge. Most *interim proceedings
are held in chambers (in private) and the public is not admitted, although judgment
may be given in open court if the matter is one of public interest.

champerty n. See MAINTENANCE AND CHAMPERTY.

Chancellor of the Exchequer The minister who, as political head of the
Treasury, is responsible for government monetary policy, raising national revenue
(particularly through taxation), and controlling public expenditure in the UK. Each
year he presents to Parliament a Budget (usually in March) proposing changes in
revenue and taxation and a statement (in November) proposing government
expenditure.

Chancery Division The division of the *High Court of Justice created by the
Judicature Acts 1873-75 to replace the *Court of Chancery. The work of the Division
is principally concerned with matters relating to real property, trusts, and the
administration of estates but also includes cases concerned with company law,
patents and other *intellectual property, and confidentiality cases. The effective
head of the Division is the *Vice Chancellor, although the *Lord Chancellor is
nominally its president. It may hear some *appeals. See also APPELLATE JURISDICTION;
COMPANIES COURT.

Chancery Masters See MASTERS OF THE SUPREME COURT.

change of name A natural person (i.e. a human being) may change his or her
"surname simply by using a different name with sufficient consistency to become
generally known by that name. A change is normally given formal publicity (e.g. by
means of a statutory declaration, deed poll, or newspaper advertisement), but this is
not legally necessary. A woman can also change her surname through operation of
law on getting married. A young child, however, has no power to change its
surname, nor does one parent have such a power without the consent of the other.
(An injunction may be sought to prevent a parent from attempting to change a
child's name unilaterally.) When a mother has remarried after divorce or is living
with another person, and wishes to change the name of the child to that of her new
partner, a court order must be obtained and the welfare of the child will be the
first and paramount consideration. A person's Christian name (i.e. a name given at
baptism) can, under ecclesiastical law, be changed only by the bishop on that
person's subsequent confirmation.
A *juristic person may change its name but may be subject to formal procedure
before the change of name takes effect; for example, for a company limited by
shares, a change of name is possible only on the passing of a special resolution of the
Company at an extraordinary or annual general meeting.

Chapter VII The chapter of the United Nations Charter that is headed: "Action
with respect to threats to the peace, breaches of the peace and acts of aggression"
and includes Articles 39-51 of the Charter. Those who devised the UN Charter were
acutely aware of the failure of the former Covenant of the League of Nations in
respect of *collective security, namely (1) that it left it oper: to m~mber states to
respond, or not respond, to the call for military aid and (2) It provided no machinery
or system for organizing League forces in advance or for coordinating such
responses as members might make. Chapter VII addressed such pro?lems by
empowering the Security Council to orchestrate such coll~ctive actions unde~
Articles 42 and 43. Under Articles 43-47 advance preparation of collective action was
to be made through a *Military Staff Committee. Article 51 creates a right to *selfdefence
for member states; controversially, it is held to have preserved the Wider
scope of self-defence in customary international law. See alsoENFORCEMENT ACTION.

character n. (in the law of evidence) 1. The reputation of a party or witness. In
civil cases the reputation of a party is not admissible unless it is directly in issue, as
it may be in an action for *defamation. In criminal cases the accused may call
evidence of his good character or give evidence to show the bad character of the
witnesses for the prosecution. If he does so, the prosecution may call evidence in
rebuttal, but any such evidence must be limited to evidence of reputation and not
include opinions about the accused's *disposition. Evidence of the reputation for
truthfulness of a witness may be given in both civil and criminal cases. 2. Loosely,
the disposition of a party.

charge n. 1. A formal accusation of a crime, usually made by the police after
*interrogation. See alsoINDICTMENT. 2. Instructions given by a Judge to ~ Jury. 3. A
legal or equitable interest in land, securing the payment of money. It gives the
creditor in whose favour the charge is created (the chargee) the nght to payment
from the income or proceeds of sale of the land charged, in priority to claims
against the debtor by unsecured creditors. Under the ~aw of .Property Act 1925 the
only valid legal charges are: (1) a *rentcharge payable immediately and for a ~Ixed
period or in perpetuity; (2)a charge by way of legal *mortgage; and (3) certain
charges arising under statute (e.g.under the Charging Orders Act 1979). All others
take effect as equitable interests. All mortgages and charges over registered land
must be registered to be enforceable against purchases of the land; both legal
mortgages and *equitable charges over unregistered land must be registered as land
charges unless the mortgagee or chargee holds the title deeds as security (se~
REGISTRATION OF ENCUMBRANCES). 4. An interest in company property created m
favour of a creditor (e.g.as a *debenture holder) to secure the amount owing. Most
charges must be registered at the Companies Registry. A f~xe~ charge is attached to
specific assets (e.g. premises, plant and machinery) and while in force prevents the
company from dealing freely with those assets without the consent of the lender. A
floating charge does not immediately attach to any sl?ecific assets but 'floats' over
all the company's assets until *crystallization. Until this point the ~ompa~y IS free
to deal freely with such assets; this type of charge is SUItable for circulating assets
(e.g. cash, stock in trade), whose values must necessarily fluctuate. In the ~vent of
the company not paying the debt the creditor can secure the a~oun.t owm? in
accordance with the terms of the charge. If the company goes into liquidation (see
WINDING-UP) the order for repayment of debts laid down under the Insolvency Act
1986 is that fixed-charge holders are paid before floating-charge holders. A charg~
can also be created upon shares. For example, the articles of association usuall! give
the company a *lien in respect of unpaid *calls, and company meIfolbers may, in
order to secure a debt owed to a third party, charge their shares, either by a fuJI
*transfer of shares coupled with an agreement to retransfer upon repayment of the
debt or by a deposit of the *share certificate.

chargeable gain A profit made on the disposal of an asset, which may attract
*capital gains tax or *corporation tax.

charge by way of legal mortgage See MORTGAGE.

charge certificate A certificate issued by the Land Registry to a legal mortgagee
of registered land as evidence of his title. It will only be issued if the *Iand
certificate is deposited at the Land Registry for the duration of the mortgage.

charge sheet A document in which an officer at a police station records an
accusation against a suspect. It normally also gives details of his name and those of
his accusers, who should sign the sheet.

charges register See LAND REGISTRATION.

charging clause A clause in a trust entitling a trustee to charge for his services.
When a solicitor or some other professional person is appointed trustee, he is
usually authorized to charge for his services. In the absence of such a clause neither
he nor his firm is entitled to charge for his professional services, although he may
recover expenses incurred during the course of his trusteeship.

charging order A court order obtained by a judgment creditor by which the
judgment debtor's property (including money, land, and shares) becomes security for
the payment of the debt and interest.

charitable trust A trust for purposes that the law regards as charitable. There is
no statutory definition of 'charitable'. In a legal sense, a purpose is charitable only if
it is for the furtherance of religion, for the advancement of education, for the relief
of poverty, or for other purposes beneficial to the community. In every case the
purpose must be for the benefit of the public or a section of it (though in cases of
relief of poverty this is very easily satisfied); the precise meaning depends on the
class of charity in question. The last class is taken to include every object of general
utility to the public; it includes, for example, trusts for the protection of animals
generally and for the provision of fire brigades. A trust cannot be charitable unless
it is solely and exclusively for charitable purposes: benevolent and philanthropic
purposesare not necessarily charitable. Trusts for purposes that are predominantly
political are not charitable. A charitable trust has many advantages over a private
noncharitable trust: its objects do not have to be certain; charitable trusts are not
subject to the *rules against perpetuities or against perpetual trusts; if the objects
are or have become impossible or impracticable, the trust may be saved by the *cypres
doctrine; and the trustees may act by a majority. The greatest benefit to a
charitable trust is that it has fiscal advantages: a charity is either wholly or partially
exempt from income tax, corporation tax, capital gains tax, inheritance tax, stamp
duty, and council tax.

charity n. A body (corporate or not) established for one of the charitable purposes
specified by statute (see CHARITABLE TRUST). A charity is subject to the control of the
High Court in the exercise of its jurisdiction with respect to charities. With certain
exceptions, all charities are required to be registered with the *Charity
Commissioners.

Charity Commissioners A statutory body, now governed by the Charities Act
1993, generally responsible for the administration of charities. The Commissioners
are responsible for promoting the effective use of charitable resources, for
encouraging the development of better methods of administration, for giving
charity trustees information and advice on matters affecting charity, and for
investigating and checking abuses. The Commissioners maintain a register of
charities and decide whether or not a body should be registered: an appeal from
their decision may be made to the High Court. Their Annual Reports (published by
the Stationery Office) indicate how the Commissioners operate and how they are
allowing the law of charity to develop.

charter n. 1. A document evidencing something done between one party and
another. The term is normally used in relation to a grant of rights or privileges by
the Crown; for example, the grant of a royal charter to a university. 2. A
constitution, e.g. the Charter of the United Nations.

charterparty n. A written contract by which a person (the charterer) hires from a
shipowner, in return for the payment of freight, the use of his ship or part of it for
the carriage of goods by sea. The hiring may be either for a specified period (a time
charter) or for a specified voyage or voyages (a voyage charter), and the charterer
may hire the ship for carrying either his own goods alone or the goods of a number
of shippers, who mayor may not include himself. A special but now rare type of
charterparty is the charter by demise. It is analogous to a lease of land and gives
the charterer full possession and control of the ship. The normal charterparty is a
simple charter, under which the shipowner retains possession and control and the
primary rights of the charterer are confined to placing goods on board and choosing
the ports of call. A number of standard forms (known by codenames such as
Austwheat and Shelltime) have been developed for use in particular trades. See also
BILL OF LADING; CESSER CLAUSE.

chastisement n. Physical punishment as a form of discipline. A parent or
guardian has the common-law right to inflict reasonable and moderate punishment
on his children and may authorize someone *in loco parentis to do so, such as a child
carer, nanny, or school. State schools now prohibit this, although if parents have
consented it is still lawful in private schools. A husband does not, however, have the
right to chastise his wife, nor a wife her husband. Illegal chastisement may amount
to one of the *offences against the person.

chattel n. Any property other than freehold land (compare REAL PROPERTY). Leasehold
interests in land are called chattels real, because they bear characteristics of both
real and personal property. Tangible goods are called chattels personal. The
definition of "personal chattels" in the Administration of Estates Act 1925,for the
purposes of succession on intestacy, excludes chattels used for business purposes at
the intestate's death, money, and securities for money.

cheat n. A common-law offence, now restricted to defrauding the public revenue
(e.g.the tax authorities). No act of deceit is required. It is enough if one dishonestly
fails to make VATor other tax returns and to pay the tax due.

check-off n. A system whereby a company deducts union membership fees from a
member's wages during the calculation of those wages and pays them over to the
union. Such deductions are regulated by the Deregulations (Deduction from Pay of
Union Subscriptions) Order 1998. These require that an employer must obtain the
workers' written authorization before making deductions; the authorization
remains valid unless and until withdrawn.

cheque n. A *bill of exchange drawn on a banker payable on demand. Since a
cheque is payable on demand it need not be presented to the drawee bank for
acceptance. A cheque operates as a mandate or order to the drawee bank to pay and
debit the account of its customer, the drawer. The Cheques Act 1992 gave legal force
to the words "account payee" on cheques, making them nontransferable.

cheque card A card issued by a bank to one of its customers containing an
undertaking that any cheque signed by the customer and not exceeding a stated
sum will be honoured by the bank This is normally subject to certain conditions;
for example, the cheque must be signed in the presence of the payee, the signature
must correspond with a specimen on the card, and the payee must write the card
number on the reverse of the cheque. The bank thus undertakes to the payee of the
cheque that the cheque will be honoured regardless of the state of the customer's
account with the bank.

chief rent See RENTCHARGE.

child n. 1. A young person. There is no definitive definition of a child: the term has
been used for persons under the age of 14, under the age of 16, and sometimes under
the age of 18 (an *infant). Each case depends on its context and the wording of the
statute governing it. For the purposes of the Children Act 1989and the Family Law
Act 1996a child is a person under the age of 18. 2. An offspring of parents. In wills,
statutes, and other legal documents, the effect of the Family Law Reform Act 1987is
that there is a presumption that (unless the contrary intention is apparent) the word
"child" includes any illegitimate child (see ILLEGITIMACY). Adopted children are treated
as the legitimate children of their adoptive parents. See also CHILD OF THE FAMILY;
QUALIFYING CHILD.

child abuse Molestation of children by parents or others (see BATTERED CHILD). If
the molestation is of a sexual nature, the offender may be guilty of *indecent
assault or *gross indecency with children (see alsoPAEDOPHILE). It is an offence to take
or allow the taking of indecent photographs of a child under the age of 16, to
distribute or show such photographs, to advertise that one intends to distribute or
show them, or simply to possess them without legitimate reason. Photographs on
the Internet and computers have been held by the courts to fall within this
legislation. See also OBSCENE PUBLICATIONS.

child assessment order An order of the court made when a local authority or
the NSPCC has concerns for a child's welfare in circumstances when the child's
parents are refusing to allow the child to be medically or otherwise examined. The
order authorizes such an examination. If a local authority fears that a child is in
immediate danger, or when it is denied access to a child, an *emergency protection
order should be applied for rather than a child assessment order.

child being looked after by a local authority A child who is either the
subject of a *care order or who is being provided with accommodation by the local
authority on a voluntary basis (see VOLUNTARY ACCOMMODATION). In respect of such a
child, the local authority must seek, Where possible, to promote contact between the
child and its parents, relatives, and others closely connected with the child.
Accommodation should be near where the child lives, and siblings should be
accommodated together. A written plan should be drawn up before a child is placed;
all the people involved in the plan, including the child (so far as is consistent with
his age and understanding), should be consulted.

child destruction An act causing a viable unborn child to die during the course
of pregnancy or birth. (Afoetus is generally considered to be viable, i.e. capable of
being born alive, if the pregnancy has lasted at least 24 weeks.) If carried out with
the intention of causing death, and if it is proved that the act was not carried out in
good faith in order to preserve the mother's life, the offence is subject to a
maximum punishment of life imprisonment. Compare ABORTION.

child employee A child of compulsory school age (i.e. between 5 and 16 years)
who undertakes paid work. Subject to certain exceptions, such employment is
prohibited in Britain, and any employment under the age of 13 years is completely
prohibited. Children are prohibited from working in industrial undertakings,
factories, or mines. There are narrow exceptions for work in theatres and films,
sports, work experience and/or training, and light work, with strict conditions
attached in each case. In many cases these exceptions require that prior
authorization is obtained from a local authority with respect to the proposed work
In particular, children falling within some of the above exceptions must not work
for more than two hours on any school day (outside school hours) or for more than
12 hours a week during term times. Work must not start before 7 a.m. or after 7
p.m. These restrictions can be relaxed for working time during school holidays and
for children between 13 and 15 years of age. Night work by children is prohibited
between 8 p.m. and 6 a.m., and children working more than 4V, hours daily are
entitled to a 30-minute break from work Local authorities are also empowered to
further regulate the employment of children under byelaws. Although byelaws can
differ from authority to authority, the majority conform to guidance issued by the
Department of Health and are subject to confirmation and deregulation by the
Secretary of State for Health.
Workers aged between 15 and 18 are referred to as young or adolescent workers.
Their employment is restricted. At present they are entitled to 12 consecutive hours'
rest between each working day, two days' weekly rest, and a 30-minute rest break
when working longer than 4Y2 hours. They are also entitled to four weeks' paid
annual leave. The implementation of further restrictions relating to young workers,
as required by the Young Workers Directive 94/33/EC, is currently under
consideration. These restrictions are: (1) the limitation of the working day to 8 hours
and the working week to 40 hours; (2) restriction of night work between midnight
and 4 a.m.; (3) restriction of night work between 10 p.m. and 6 a.m. or 11 p.m. and 7
a.m.

child in care A child who is the subject of a *care order. It is important to note
that not all children who are being looked after by a local authority are the subjects
of care orders; some of these children may be being accommodated by the local
authority on a voluntary basis (see VOLUNTARY ACCOMMODATION). See also CHILD BEING
LOOKED AFTER BY A LOCAL AUTHORITY.

child of the family A person considered under the Matrimonial Causes Act 1973,
the Domestic Procedures and Magistrates' Courts Act 1978, and the Children Act 1989
to be the child of a married couple, although not necessarily born to or adopted by
them, on the grounds that he or she has been treated by them as their own child.
Courts have powers to make orders in favour of children of the family in all
*family proceedings.

child of unmarried parents See ILLEGITIMACY.

Child Protection Conference A conference that decides what action should be
taken by the local authority in respect of a child believed to be at risk of suffering
harm. The conference comprises representatives of those bodies concerned with the
child's welfare, including the NSPCC, social services, the police, the health and
education authorities, and the probation service. Parents have no absolute right to
attend the Child Protection Conference but are usually excluded only in exceptional
circumstances.

child protection in divorce The legal rules designed to safeguard the position
of children of divorcees. In the past courts would routinely make orders for custody
and access in respect of children on divorce. The Children Act 1989,however,
introduced a presumption of non-interference; i.e. the court will assume that
parents are able to make their own arrangements for their children and will only
make an order if it is necessary to do so, for example when the parents are in
disagreement. Divorce courts have wide powers to make financial provision and
property adjustment orders in favour of *children of the family, as well as any
*section 8 orders necessary to safeguard the child's welfare. A court is no longer
able to make a care or supervision order during divorce proceedings. However, if it
is concerned about the welfare of a child before it, the court may direct a local
authority to investigate the child's circumstances with a view to determining
whether intervention is necessary.

Children and Family Court Advisory and Support Service (Cafcass) An
amalgamation of three former services, the Guardian ad Litem Service, the Family
Court Welfare Service, and the Official Solicitor's children's department. Cafcass will
provide courts with information about children coming before them.

children in care See CHILD IN CARE; CARE ORDER.

children in need Those children designated by the Children Act 1989as being in
need of special support and provision by the *local authority. They include disabled
children and children who are unlikely to maintain a reasonable standard of health
or development without the provision of these special services.

children's guardian A person appointed by the court to protect a minor's
interests in proceedings affecting his interests (such as adoption, wardship, or care
proceedings), formerly known as a guardian ad litem. Since the Children Act 1989
came into force the role of guardians has increased and they must ensure that the
options open to the court are fully investigated. However, if a child is deemed
capable of instructing a solicitor on his own behalf, he may do so even if this
conflicts with the interests of the guardian.

children's tax credit See INCOME TAX.

child safety order An order that enables local authorities and courts to intervene
when a child under the age of 10 (who cannot be prosecuted in criminal proceedings
by virtue of his age) behaves antisocially or disruptively. The order was introduced
by the Crime and Disorder Act 1998as part of a strategy to reduce youth crime and
is founded on the belief that early intervention is more effective than waiting until
a child is old enough to be dealt with under the youth justice system. Application
for an order is made by a local authority on the grounds that the child has
committed or is in danger of committing an offence, or is in breach of a local child
curfew scheme, or has acted in a manner likely to cause harassment, alarm, or
distress to a person not living in the same household as the child. The requirements
imposed under the order are entirely a matter for the court and might include, for
example, attendance at school or extracurricular activities, avoiding contact with
disruptive and older children, and not visiting such areas as shopping centres
unsupervised. The purpose of the requirements imposed is either to ensure that the
child receives appropriate care, protection, and support and is subject to proper
control, or to prevent the repetition of the kind of behaviour that led to the child
safety order being made. Breach of the order may lead to the court making a *care
order in respect of the child. See also PARENTING ORDER.

Child Support Agency (CSA) See CHILD SUPPORT MAINTENANCE.

child support maintenance The amount that a nonresident parent (i.e. one
who does not live with the child concerned) must pay as a contribution to the
upkeep of his or her *qualifying child to a parent with care (i.e. one with whom
the child lives) or a person in whose favour a residence order is made (see SECTION 8
ORDERS). Since the Child Support Act 1991, responsibility for the assessment, review,
collection, and enforcement of maintenance for children is supervised by the Child
Support Agency (CSA), an agency of the Department for Work and Pensions
(formerly Social Security) established under the Act, rather than by the court. It is
no longer possible for people who do not already have a court order for child
maintenance to go to court to obtain an order for periodical payments other than
on behalf of stepchildren. However, it is still possible to apply to the court to obtain
property settlements or lump sums or when an absent parent does not live
habitually in the UK.A child over the age of 12 who lives in Scotland and whose
absent parent lives in the UK may apply directly to the Child Support Agency on his
or her own behalf. The Agency has wide powers of enforcement: for example it can
make an order for payment to be deducted directly from wages or salary (see also
CLEAN BREAK). No distinction is made between married and unmarried parents, but
when parentage is disputed the Agency has power to apply to the court for a
declaration of parentage; if successful this will have effect only for the purposes of
the Child Support Act.
Certain changes, contained in the Child Support, Pensions and Social Security Act
2000, have been (or will soon be) implemented; the most important of these is a
change in the way in which the amount of maintenance payable by the nonresident
parent is calculated. The original formula was extremely complex and took into
account the income of the parent with care. The new formula is simply based on the
following percentages of the net weekly income of the nonresident parent: 15% if
there is one qualifying child; 20% if there are two qualifying children; and 25% if
there are three or more. These amounts are reduced if the nonresident parent has
one or more other children (for example, the children of a new partner) in his
household and if he has staying contact with his child. Under the old system a
married father was able to deny parentage, but there will now be a presumption of
paternity in favour of both a married father and a person named as father on the
child's birth certificate.

child witness See VIDEO EVIDENCE; WITNESS.

Chiltern Hundreds. stewardship of the An appointment that, as a nominal
office of profit under the Crown, disqualifies its holder from membership of the
House of Commons. Although the appointment has been a sinecure since the 18th
century, it has been retained as a disqualifying office to enable members to give up
their seats during the lifetime of a parliament (a member cannot by law resign his
seat). After obtaining the stewardship (an application for which is never refused),
the member resigns the office so as to make it available for re-use.
A second office used for the same purpose is the stewardship of the Manorof
Northstead. The law relating to both these offices is now contained in the House of
Commons Disqualification Act 1975.

chose n. A thing. Choses are divided into two classes. A chose in possession is a
tangible item capable of being actually possessed and enjoyed, e.g. a book or a piece
of furniture. A chose in action is a right (e.g.a right to recover a debt) that can be
enforced by legal action.

Church of England The established Church in England, of which the sovereign is
the supreme head. Structurally, the Church consists of the two provinces of
Canterbury and York, which are divided into dioceses, and these into parishes. For
each province there is an archbishop (that of Canterbury being Primate of All
England, and that of York Primate of England), and for each diocese a bishop. A
suffragan bishop has no diocese of his own but assists an archbishop or a diocesan
bishop. The archbishops and other senior bishops are members of the House of
Lords.
The governing body of the Church is the General Synod (formerly the Church
Assembly, but renamed and reconstituted by the Synodical Government Measure
1969). It consists of a House of Bishops, a House of Clergy, and a House of Laity and
has legislative functions. A Measure passed by each House and granted the royal
assent following a resolution of each House of Parliament has the force of an Act of
Parliament. There are also diocesan synods, and certain matters require the approval
of a majority of these before they can be finally approved by the General Synod. The
Dioceses Measure 1978authorizes the reorganization of diocesan structure and the
creation of area synods, to which diocesan synods may delegate functions. See also
ECCLESIASTICAL COURTS.

c.i.f. contract (cost. insurance. freight contract) A type of contract for the
international sale of goods by which the seller agrees not only to supply the goods
but also to make a contract of carriage with a sea carrier, under which the goods
will be delivered at the contract port of destination, and a contract of insurance
with an insurer, to cover them while they are in transit. The seller performs his
contract by delivering the relevant documents to the buyer: an invoice specifying
the goods and their price, a *bill of lading evidencing the contract of carriage, a
policy of insurance, and any other documents specified in the contract. The contract
will normally provide for payment against documents. The risk of accidental loss or
damage normally passes to the buyer on or as from shipment. c.i.f. is a defined
*incoterm under Incoterms 2000.

circuit administrator A civil servant having responsibility for the administration
of the courts within a circuit (see CIRCUIT SYSTEM). He liaises closely with the
*presiding judge of the circuit in the allocation of resources and particularly the
sittings of judges and recorders.

circuit judge Any of the judges appointed under the provisions of the Courts Act
1971 from among those who have had a ten-year Crown Court or county court
*advocacy qualification, or who are *recorders, or who have held a full-time
appointment of at least three years duration in one of the offices listed in the
Courts Act 1971. They sit in the *county courts and the *Crown Court and may, by
invitation of the Lord Chancellor, sit as High Court judges. All judges of county
courts and other judges of comparable status were made circuit judges in 1971.

circuit system The system of dividing England and Wales into regional circuits
for the purpose of court administration. It is based upon the traditional regional
groupings adopted by the Bar and consists of the South-Eastern, Western, Midland
and Oxford, Wales and Chester, Northern, and North-Eastern circuits. Each circuit is
administered by a *circuit administrator and supervised by two *presiding judges.
See also CIRCUIT JUDGE.

circumcision. female It is an offence, punishable with up to five years'
imprisonment, to excise or otherwise mutilate the external genital organs of a
woman, or to *aid and abet a woman mutilating herself in this way. Girls living in
the UKwho come from countries where female circumcision is the normal practice
are, however, still sent abroad by their parents for such an operation. Male
circumcision is lawful in the UK. See also CONSENT; WOUNDING.

circumstantial evidence (indirect evidence) Evidence from which the judge or
Jury may infer the existence of a fact in issue but which does not prove the
existence of the fact directly. Case law has described circumstantial evidence as
evidence that is relevant (and, therefore, admissible) but that has little probative
value. Compare DIRECT EVIDENCE.

citation n. 1. A notice, issued in the Probate Registry by an executor proving a will
in solemn form (see PROBATE), calling upon persons to come forward if they object to
the grant of probate to him. 2. The quoting of a legal case or authority.

citizen's arrest An *arrest by anyone other than a police officer. Such an arrest is
lawful. See alsoARRESTABLE OFFENCE.

citizenship of the UK and Colonies A form of citizenship created by the
British Nationality Act 1948. By the British Nationality Act 1981, it was replaced as
from 1 January 1983 by *British citizenship, *British Dependent Territories
citizenship, and *British Overseas citizenship.

City Code on Takeovers and Mergers A body of rules regulating those
engaged in the conduct of *takeovers and *mergers of public companies. It is
administered by a Panel representing the major City financial institutions, e.g. the
*Stock Exchange and the Issuing Houses Association. The principal aim is to ensure
that company members (rather than the directors) decide upon the merits of
accepting a bid, that they are fully informed about what is going OI1, and that
shareholders of the same class are treated equally in the event of a takeover or
merger. The rules are not legally binding, but if they are contravened sanctions may
be imposed on the company, including having the facilities of the securities markets
withdrawn from them. Decisions of the Panel are subject to *judicial review.

City of London That part of *Greater London which, for local government
purposes, is administered by the City of London Corporation. In addition to special
powers under ancient royal charters, the Corporation has all the functions of a
London borough council, which it exercises principally through a Court of Common
Council consisting of the Lord Mayor, aldermen elected for life, and common council
men elected annually. Limited governmental functions are exercised through a
separate Court of Aldermen, and formal functions through a Court of Common
Hall.

civil court A court exercising jurisdiction over civil rather than criminal cases. In
England the principal civil *courts of first instance are the *county courts and the
*High Court. *Magistrates' courts have limited civil jurisdiction, mainly confined to
matrimonial proceedings.

civil defence Establishments and units organized or authorized by the competent
authorities to carry out humanitarian tasks intended to protect the civilian
population against the dangers of hostilities or disasters and to help it to recover
from the immediate effects of these.

civil law 1. The law of any particular state, now usually called *municipallaw.
2. Roman law. 3. A legal system based on Roman law, as distinct from the English
system of *common law. 4. *Private law, as opposed to *public law, military law,
and ecclesiastical law.

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 anyone 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
cou:-t assesses the. amount of contribution on the basis of what would be just and
equitable, taking mto account the parties' responsibility for the damage.

Civil List The sum authorized by statute to be paid annually out of the
"Consolidated Fund for meeting the expenses of the royal household and for
making allowances to certain members of the royal family. It may be increased in
amount by Treasury order, but this is liable to annulment by the House of
Commons. Certain members of the royal family have volunteered to be taxed on
their Civil List allowances.

Civil Procedure Rules (CPR) The new procedural code, which was enacted in 1998
and revoked the *Rules of the Supreme Court with effect from 26 April 1999. The
Rules, a result of the reforms proposed by Lord Woolf's Access to Justice (Final Report)
1996,now govern proceedings in the civil cases of the Court of Appeal (Civil
Division), the High Court, and the county courts. The CPRhave been supplemented
by *Practice Directions and *pre-action protocols. They have no application in
certain areas, including the Mental Health Act 1983 Part IV and family and adoption
proceedmgs.

civil remedy See REMEDY.

Civil Service The body of *Crown servants that are employed to put government
P?I~cies into action and are paid wholly out of money voted annually by Parliament.
CIVIl servants include the administrative and executive staff of central government
departments (e.g. the Home Office and Treasury) and the industrial staff of
government dockyards and factories. Civil servants may serve in established or
unestablished capacities, with effects on pension entitlement, etc. The police (not
being Crown servants), the armed forces (not being civil), government ministers, and
those (e.g. judges) whose salaries are charged on the Consolidated Fund are not civil
servants.

civil wrong An infringement of a person's rights, for which the person wronged
may sue for damages or some other civil remedy. Examples are *torts and *breaches
of contract.

claim. n. A demand for a remedy or assertion of a right, especially the right to take
a particular case to court (right of action). The term is used in civil litigation. See also
CLAIM FORM; PART 20 CLAIM.
c1a.i~ant n. A person applying for relief against another person in an action, suit,
petition, or any other form of court proceeding. Before the introduction of the
*Civil Procedure Rules in 1999, a claimant was called a plaintiff. Compare DEFENDANT.
claim .form (in civil proceedings) A formal written statement setting out details of
the claImant: defendant, .and the remedy being sought. The claim form may also
contam details of the claim (the particulars of claim); alternatively, these can be
served separately. Since the introduction of the Civil Procedure Rules in 1999, the
usual method of initiating civil proceedings is by issuing a claim form; all previous
methods (e.g.writ of summons, originating summons) have now been rendered
obsolete. See alsoPART 8 CLAIM FORM; STATEMENT OF CASE.

claim of privilege See PRIVlLEGE.

class gift A gift to people of a certain specified category (e.g. "to my daughters"),
rather than to people named individually, (e.g. "to my daughters A and B").

classification of animals At common law animals were formerly classified as
wild by nature (ferae naturae) or tame by nature (mansuetae naturae), referring to
the species in general rather than the individual animal. The owner of a wild animal
was strictly liable for any damage it caused. The owner of a tame animal was liable
for damage it caused if he knew that it had a vicious tendency abnormal in the
species (the scienter rule). Special rules applied to damage done by cattle (see CATILE
TRESPASS; DISTRESS DAMAGE FEASANT) and dogs. The common law classifications have
been largely replaced by modern statutes.
For purposes of civil liability in England, animals are classified as belonging to a
dangerous or a nondangerous species (Animals Act 1971). A dangerous species is one
not commonly domesticated in the British Isles, fully grown members of which are
likely to cause severe damage. The keeper of an animal of a dangerous species is
strictly liable for any damage it causes. Liability for damage done by other animals
arises either under the Animals Act, if the animal was known by its keeper to have
characteristics not normally found in that species, or only normally found in
particular circumstances, which made it likely to cause that kind of damage; or
under ordinary rules of tort liability. Thus carelessly allowing a dog to stray on the
highway can make the keeper liable in negligence if it causes an accident, and
excessive smell from a pig farm can be an actionable nuisance. The Animals Act also
imposes *strict liability for damage done by trespassing livestock, which includes
cattle, horses, sheep, pigs, goats. and poultry. The keeper of a dog that kills or
injures livestock is liable for the damage, except when the livestock was injured
while straying on the keeper's land. If livestock is worried by a dog, the owner of
the livestock (or the owner of the land on which the livestock lives) may kill or
injure the dog to protect the livestock.
In Scotland, there is strict liability for damage caused by animals belonging to a
species likely to kill or severely injure persons or animals or cause material damage
to property under the Animals (Scotland) Act 1987. The Act also excuses the killing
or injuring of an animal that attacks or harries people or livestock.
Dangerous wild animals may require a licence under the Dangerous Wild Animals
Act 1976(see DANGEROUS ANIMALS). Keeping dogs of a species bred for fighting is an
offence under the Dangerous Dogs Act 1991. The use of *guard dogs is controlled by
the Guard Dogs Act 1975. Other statutes protect various species, control importation
of animals, and deal with animal diseases.

class rights Rights that attach to a clearly defined class of share (e.g. preference
*shares) or are conferred upon a person for so long as he is a holder of any shares.
In the latter case shareholders become a class in their own right. Typical class rights
would relate to *dividends, return of capital on a *winding-up, or the right to
appoint a director to the board. Class rights may only be altered either in accordance
with a clause in the constitutional documents of the company (see ARTICLES OF
ASSOCIATION) or with the consent of the class affected under the Companies Act 1985.
Shareholders from the class affected who did not agree to the alteration may apply
to court to have the change cancelled within 21 days.

clause n. 1. A subdivision of a document. A clause of a written contract contains a
term or provision of the contract. Clauses are usually numbered consecutively (1, 2,
etc.); subclauses may follow a clause, numbered 1.1, 1.1.1, etc. 2. A section of a *Bill.
clean break The principle that, upon divorce, spouses should try to settle their
financial affairs in a final manner, by a lump sum order, rather than a continuous
periodical payments order. Under the Matrimonial Causes Act 1973,the courts have a
duty to consider whether they can achieve a clean break in their orders for financial
relief even when there are children. However, the Child Support Act 1991 makes it
possible for a parent with care of a child to apply directly to the Child Support
Agency for a maintenance assessment even when the divorce court has achieved a
clean break (see CHILD SUPPORT MAINTENANCE).

clean hands A phrase from a *maxim of equity; he who comes to equity must
come with clean hands, i.e. a person who makes a claim in equity must be free from
any taint of fraud with respect to that claim. For example, a person seeking to
enforce an agreement must not himself be in breach of it.

clearance n. 1. A certificate acknowledging a ship's compliance with customs
requirements. 2. An indication from a taxing authority that a certain provision does
not apply to a particular transaction. The procedure is laid down by statute in some
cases.

clearance area Formerly, an area declared as such by a housing authority (usually
a district or London borough council) on the ground that the houses in it were unfit
for human habitation or otherwise dangerous or injurious to health and were best
demolished. The authority must also have been satisfied that alternative
accommodation existed and that its resources were sufficient it then acquired the
area and carried out the demolition. The power to designate a clearance area was
abolished by the Housing Act 1974. See alsoREHABILITATION ORDER. Compare HOUSING
ACTION AREA.

Clerk of the House The principal permanent officer of the House of Commons.

Clerk of the Parliaments The principal permanent officer of the House of
Lords.

clerk to the justices ijustices' clerk, magistrates' clerk) A person who has a
five-year magistrates' court qualification, or a barrister or solicitor of not less than
five years' standing as an assistant to a magistrates' clerk, who is appointed to assist
magistrates in court, particularly by giving advice about law practice or procedure
on questions arising in connection with the discharge of their or his functions. The
clerk or one of his staff will sit in court with the justices in order to advise them,
but should not retire with them when they consider their verdict. He may, however,
advise them in private during their retirement, at their request, but should return
to the court when his advice has been given. See alsoMAGISTRATES' COURT.
client n. A person who employs a solicitor to carry out legal business on behalf of
himself or someone else. The relationship between a solicitor and his client is a
*fiduciary one and any other transactions between them may be affected by *undue
influence. A solicitor's client cannot consult a barrister directly but only through his
solicitor; the solicitor is therefore the barrister's client.

clog on the equity of redemption Any provision in a *mortgage deed to
prevent redemption on payment of the debt or performance of the obligation for
which the security was given. Such provisions are void. An example is an option
contained in the mortgage deed for the mortgagee to purchase the mortgaged
property before or after the mortgage has been redeemed. Unconscionable
provisions in a mortgage (for example, one to prevent redemption for 100 years) are
also void. However, a company may issue irredeemable *debentures. A provision that
would otherwise be unconscionable may be valid if the transaction containing it is a
commercial arrangement rather than a mortgage. Thus, such provisions in
mortgages of public houses or garages by their tenants or owners to breweries or oil
companies will be upheld, provided that they do not infringe the contractual rules
against *restraint of trade. Under the Unfair Terms in Consumer Contracts
Regulations 1994 unfair redemption penalties may also be subject to challenge.

close n. Land that is enclosed.

close company A company under the control of its directors or five or fewer
participators. The participators have or are entitled to acquire a share or interest in
the capital or income of the company and can include <loan creditors. Special tax
provisions apply to such companies.

closed-shop agreement A collective agreement requiring members of a
particular group of employees to be or become members of a specified trade union.
A pre-entry agreement is one that prohibits an employer from engaging a relevant
employee unless he is already a member of the union concerned. A post-entry
agreement requires employees to join the specified union within a certain time
after the employment commences.
Under the Trade Union and Labour Relations (Consolidation) Act 1992, all
employees are free to join a trade union or not, as they wish. If an employer t~kes
action, short of dismissal, against an employee to enforce membership of a union,
the employee can complain to an *employment tribunal, which can order the
employer to pay him compensation. Dismissal for failure to belong to a trade union
is automatically unfair (see INADMISSIBLE REASON). In this case there are special
minimum rates of *compensation payable. If, as a result of trade union pressure, an
employer dismisses an employee for failing to belong to a union, the employer can
join the union as a party to the dismissal proceedings and pass the liability to pay
compensation on to the union.
A union that attempts to enforce a closed shop by industrial action loses the
immunity from legal action that it would otherwise have if the action was in
furtherance of a *trade dispute.
The effect of these provisions is that, while closed-shop agreements are not in
themselves illegal, they are unenforceable by either employers or unions.

close of pleadings Formerly, a stage in the course of pleading in an action in the
High Court that occurred 14 days after service of the reply, defence to counterclaim,
or defence. This stage has been taken over by the functions of *case management
and track *allocation.

closing order An order made by a local housing authority under the Housing Act
1985prohibiting the use of a house, which it considers unfit for human habitation,
for any purpose not approved by the authority.

closure n. The curtailing of debate on a question, particularly in the House of
Commons, by carrying a motion (which cannot itself be debated) "that the question
be now put". The result is that a vote on the question under debate must be taken
immediately. Compare GUILLOTINE.

club n. An association regulated by rules that bind its members according to the
law of contract. Club property is either vested in trustees for the members
(members' club) or owned by a proprietor (often a company limited by guarantee;
see LIMITED COMPANY) who operates the club as a business for profit (proprietary
club). The committee is usually liable for club debts in the case of a members' club;
the proprietor in the case of a proprietary club.

Cmd See COMMAND PAPERS.

Cmnd See COMMAND PAPERS.

coastal waters See EXCLUSIVE ECONOMIC ZONE; FISHERY LIMITS; TERRITORIAL WATERS.

code n. A complete written formulation of a body of law, (e.g. the Code Napoleon in
France). A code of English law does not exist, but a few specialized topics have been
dealt with in this way by means of a *codifying statute (e.g. the Sale of Goods Act
1893, re-enacted with modifications by the Sale of Goods Act 1979).
codecision procedure A procedure introduced by the *Maastricht Treaty that
gives the *European Parliament a power to veto certain legislative proposals. If the
*Council of the European Union and the European Parliament fail to agree after a
second reading of the proposal by the Parliament, a conciliation committee of the
Council and Parliament will attempt to reach a compromise. If no compromise is
reached, the Parliament can reject the measure by absolute majority voting. Compare
ASSENT PROCEDURE; COOPERATION PROCEDURE.

code of practice A body of rules for practical guidance only, or that sets out
professional standards of behaviour, but does not have the force of law, e.g. the
Highway Code. Under the provisions of the Fair Trading Act 1973the *Director
General of Fair Trading has the duty of encouraging trade associations to prepare
and distribute to their members codes of practice for guidance in safeguarding and
promoting the interests of UKconsumers. Several such codes have been approved by
the Director General. Codes of practice have also been published by *ACAS, the
Health and Safety, Equal Opportunities, and Racial Equality Commissions, and the
Secretary of State for Work and Pensions, providing guidance to employers,
employees, and their representatives on the fulfilment of their statutory obligations
in relevant fields. Codes of practice under the Police and Criminal Evidence Act 1984
regulate searches and the *interrogation of suspects by the police.
Generally, failure to comply with a code of practice does not automatically expose
the party in breach to prosecution or any civil remedy. It may, however, be relied on
as evidence tending to show that he has not fulfilled some relevant statutory
requirement.

codicil n. A document supplementary to a will, which is executed with the same
formalities under the Wills Act 1837(see EXECUTION OF WILL) and adds to, varies, or
revokes provisions in the will. It must be proved with the will. A codicil confirming
a will normally republishes the will (see REPUBLICATION OF WILL) and may revive a will
that has been revoked if that is the testator's clear intention. If many changes are
made to the will it is better to execute a new will.

codifying statute A statute that sets out the whole of the existing law (i.e. both
statute law and common law) on a particular subject. Such statutes are extremely
rare; an example is the Law of Property Act 1925. Compare CONSOLIDATING STATUTE. See
also INTERPRETATION OF STATUTES.

coercion n. A defence available only to married women who have committed a
crime (other than murder or treason) in the presence of, and under pressure from,
their husbands. Its scope is unclear but may be wider than that of *duress in that it
may cover economic and moral as well as physical pressure, though unlike duress it
has to be proved (see BURDEN OF PROOF). If a wife is acquitted on grounds of coercion,
her husband may be liable for the offence in question through his wife's innocent
agency and/or for a crime involving a *threat.

cognates pl. n. Persons descended from a common ancestor.

cohabitants pl. n. See COHABITATION.

cohabitation n. Living together as husband and wife. Married persons generally
have a right to expect their spouses to live with them. Unmarried people living
together as husband and wife (cohabitants) do not usually have the status of a
married couple (see also COMMON-LAW MARRIAGE). But under the cohabitation rule the
resources and requirements of an unmarried couple living together are aggregated
for the purposes of claiming social security benefits under the Social Security Acts
even in the absence of a sexual relationship (see INCOME SUPPORT).

co-imperium n. Joint rule by two or more states of an entity that has a distinct
international status (compare CONDOMINIUM). An example is the occupation and rule
of Germany after 1945 by the four victorious powers.

collateral 1. adj. Describing the relationship between people who share a common
ancestor but are descended from him through different lines of descent. See also
CONSANGUINITY. 2. adj. Ancillary; subordinate but connected to the main subject,
etc. 3. n. Security that is additional to the main security for a debt (or an advantage
to the mortgagee that is additional to the payment of interest). For example, a
lender may require as collateral the assignment of an insurance policy in addition to
the principal security of a mortgage on the borrower's home.

collateral benefits Benefits received from a third party by the victim of a
tortious injury in consequence of the injury, such as insurance money, sick pay,
disability pensions, loans, social security benefits, or gifts from a disaster appeal
fund. Some collateral benefits are taken into account when assessing the damages to
be paid by the person liable for the injury; others, such as insurance money and
gifts, are not. Under the Social Security Administration Act 1992,the amount of
social security benefits received by the victim for the first five years after the
injury must, with a few exceptions, be deducted from the total damages and repaid
to the Department for Work and Pensions by the person liable for the injury (or his
insurer).

collateral contract A subsidiary contract that induces a person to enter into a
main contract. For example, if X agrees to buy from Y goods made by Z, and does so
on the strength of Z's assurance as to the high quality of the goods, X and Z may be
held to have made a collateral contract consisting of Z's promise as to quality given
in consideration of X's promise to enter into the main contract with y.

collective agreement See COLLECTIVE BARGAINING.

collective bargaining Negotiations between trade unions (acting for their
members) and employers about terms and conditions of employment. Under the
Trade Union and Labour Relations (Consolidation) Act 1992,a collective agreement
(an agreement between trade union and employer resulting from collective
bargaining) is not legally binding unless it is in writing and specifically states the
parties' intention to be bound. Unenforceable collective agreements frequently
include terms (relating to pay, discipline, etc.) that will become incorporated in
individual employees' binding contracts of employment. In these respects the
written particulars of employees' contracts, which the employer must give under
the Employment Rights Act 1996,must refer the employee to the collective
agreement, which must be reasonably accessible to him. Terms of a collective
agreement that discriminate on grounds of sex may be challenged by individuals in
a court or employment tribunal on the ground that they contravene the principle
of equal treatment. When a collective agreement provides that individual employees'
contracts will circumscribe their right to strike, the employees will only be bound if
their contracts contain that provision and the collective agreement was negotiated
by an *independent trade union, is in writing, and is readily accessible to employees
during working hours. The parties to a collective agreement containing procedures
for determining complaints of unfair dismissal may apply to the Secretary of State
for an order that those procedures be substituted for the statutory jurisdiction of
employment tribunals. An order will only be made if the agreement was negotiated
by an independent trade union, sufficiently identifies the employees affected, and
gives them remedies as beneficial as the statutory scheme and a right to
independent arbitration or adjudication. See alsoDISCLOSURE OF INFORMATION;
RECOGNITION PROCEDURE.

collective redundancy The proposed dismissal as redundant by an employer of
20 or more employees. In such a situation the employer is required, under the Trade
Union and Labour Relations (Consolidation) Act 1992,to disclose information (see
DISCLOSURE OF INFORMATION) and to consult with elected workers' representatives or
representatives of a recognized trade union with a view to reaching agreement
about ways of avoiding the dismissals, reducing the numbers of employees to be
dismissed, and mitigating the consequences of the dismissals. If the employer fails to
comply with these requirements the union may complain to an employment
tribunal who may, if the complaint is upheld, issue a *protective award.
Employment tribunals have held that notification of impending redundancies must
take place at the earliest opportunity in order that representations by the union
may be taken into account.

collective responsibility See CABINET.

collective security The centralized system of international rules, now embodied
in the Charter of the United Nations, that governs the collective resort to force
under the authority of the United Nations for the purpose of maintaining or
restoring international peace and security. An example is the action by the
international community during the Gulf War of 1991. It should be noted that the
precise legal justification of this conflict is uncertain, the UN Security Council
Resolution 678 stating only that its legal basis was under *Chapter VII of the UN
Charter. See also ENFORCEMENT ACTION.

collective trespass See TRESPASS.

collision clause (running-down clause) A clause in a marine insurance policy
binding the underwriters to indemnify the insured in respect of any damages in
tort he may be liable for as a result of his ship colliding with another. At common
law, such a policy covers only the insured's physical losses. The clause is customarily
restricted to three quarters of the damages in question. When two vessels collide,
the damage done to each is added together and treated as a common loss. It is
divided between insurers according to the proportion of blame attributable to each
ship or, if this cannot be determined, equally.

collusion n. An improper agreement or bargain between parties that one of them
should bring proceedings against the other. Collusion is no longer a bar to divorce or
nullity proceedings, but it may affect the validity of a declaration of legitimacy.

colony n. A territory that forms part of the Crown's dominions outside the UK.
Although it may enjoy internal self-government, its external affairs are controlled
by the UKgovernment.

colourable adj. Describing that which is one thing in appearance but another in
substance; for example, a symbolic residence in a parish for the purpose of
qualifying for marriage there.

comfort letter (administrative letter) A letter sent by the Competition
Directorate of the European Commission following a notification for exemption or
*negative clearance of a commercial agreement that may infringe EU *competition
law. It is very rare for the Commission to issue a binding decision following such a
notification. However, although a comfort letter does not have the force of a formal
decision, it would be unusual for the Commission to fine a business in relation to an
agreement that was notified and in relation to which a comfort letter was then
issued.

comity (comitas gentium) n. Neighbourly gestures or courtesies extended from
one state to another, or others, without accepting a legal obligation to behave in
that manner. Comity is founded upon the concept of sovereign equality among
states and is expected to be reciprocal. It is possible for such practices, over a period
of time and with common usage, to develop into rules of customary international
law, although this requires such behaviour to acquire a binding or compelling
quality. See CUSTOM; OPINIO JURIS.

Command Papers Documents that the government, by royal command, presents
to Parliament for consideration. They include white papers and green papers. The
former contain statements of policy or explanations of proposed legislation; the
latter are essentially discussion documents. For reference purposes they have serial
numbers, with (since 1869)prefixes. The prefixes are C (1870-99), Cd (1900-18), Cmd
(1919-56), and Cmnd (1957- ).

commercial agent An *agent who solicits business from potential customers on
behalf of a principal. In the ED the contracts of many commercial agents are
governed by directive 86/653,which gives them substantial rights to claim
compensation or an indemnity on termination of their agency agreement and
implies other terms into their contracts; for example, in relation to payment of
commission and notice periods for termination of the agreement. In the UK this
directive is implemented by the Commercial Agents (Council Directive) Regulations
1993 as amended.

Commercial Court A court forming part of the *Queen's Bench Division of the
High Court and specializing in the trial of commercial cases, mostly relating to
shipping and commodity trading. Many of the court's cases arise from the awards of
arbitrators (see ARBITRATION). The judges of the court are nominated by the l.ord
Chancellor from among the Queen's Bench *puisne judges who have special
experience of commercial matters.

commission n. 1. Authority to exercise a power or a direction to perform a duty;
for example, a commission of a *justice of the peace. 2. A body directed to perform
a particular duty. Examples are the *Charity Commissioners and the *l.aw
Commission. 3. A sum payable to an *agent in return for his performing a
particular service. This may, for example, be a percentage of the sum for which he
has secured a contract of sale of his principal's property. The circumstances in which
a commission is payable depend on the terms of the contract between principal and
agent. The terms on which commission is paid to a *commercial agent are set down
in the ED directive 86/653. 4. Authorization by a court or a judge for a witness to be
examined on oath by a court, judge, or other authorized person, to provide evidence
for use in court proceedings. The procedure is used when the witness is unlikely to
be able to attend the hearing (e.g. because of illness). If the witness is still unable to
attend when the court hearing takes place the written evidence is read by the court.

Commissioner n. (in the ED)See EUROPEAN COMMISSION.

commissioner for oaths A person appointed by the Lord Chancellor to
administer oaths or take affidavits. By statute, every solicitor who holds a
*practising certificate has the powers of a commissioner for oaths, but he may not
exercise these powers in a proceeding in which he is acting for any of the parties or
in which he is interested. Thus when an affidavit must be sworn, the client cannot
use his own solicitor but must go to another solicitor to witness the swearing.

Commissioner for the Protection Against Unlawful Industrial Action See
CERTIFICATION OFFICER.

Commissioner for the Rights of Trade Union Members See CERTIFICATION
OFFICER.

Commission for Health Improvement A body established under the Health
Act 1999. Its remit includes providing advice to *Primary Care Trusts or *NHS
Trusts for the purpose of monitoring and improving the quality of health care and
reporting on the provision or quality of health care.

Commission for Racial Equality A body appointed by the Home Secretary
under the Race Relations Act 1976 with the general function of working towards the
elimination of *racial discrimination by promoting equality of opportunity and
good relations between different racial groups. It keeps the working of the Act
under review, investigates alleged contraventions and, when necessary, issues and
applies for injunctions to enforce nondiscrimination notices.

Commission of the European Communities See EUROPEAN COMMISSION.

Commissions for Local Administration Two commissions, one each for
England and Wales, that were established by the Local Government Act 1974 to
investigate complaints by the public of injustice suffered through
maladministration by local authorities, police authorities, the National Rivers
Authority, and housing action trusts. The *Parliamentary Commissioner for
Administration is a member of both commissions and there are three Local
Government Commissioners (or Ombudsmen) for England and one for Wales.
Certain matters (e.g. decisions affecting the public generally and the conduct of
criminal investigations) are outside their competence. Complaints to a Commissioner
must normally be made in writing through a member of the authority concerned,
within one year of the date on which the matter first came to the complainant's
notice, but if a complaint is not duly passed on it can be accepted directly by the
Commissioner. Commissioners' reports are sent to the complainant and the
authority concerned and are also made public.

committal for sentence The referring of a case from a magistrates' court to the
Crown Court, which occurs when the magistrates have found the accused guilty and
consider that their powers of sentencing are insufficient for the case.

committal for trial The referring of a case from a magistrates' court for trial at
the Crown Court following a *preliminary investigation by the magistrates. The
committal proceedings may consist of taking *depositions from all the witnesses in
the form of oral evidence. Alternatively the committal may take a short form under
section 6 of the Magistrates' Courts Act 1980.This occurs when the accused agrees
that the prosecution should put all its evidence in writing; the justices may then
commit for trial without considering the evidence. The accused does not have to
disclose any defence that he intends to put forward at the trial, but must, not later
than seven days after committal, give notice of any intended *alibi and details of
the witnesses he is going to call in support of it. A committal without consideration
of the evidence may only take place if the accused is legally represented. The press
may normally only report certain limited facts about committal proceedings, such as
the name of the accused and the charges. However, if the accused asks that
reporting restrictions be lifted, the magistrates may allow publication of full details
of the proceedings. Concern as to the effectiveness of committal proceedings in
preventing weak cases going to trial led to provisions in the Criminal Justice and
Public Order Act 1994,which have now created a new transfer for trial procedure,
based upon consideration of case documents. The Criminal Procedure and
Investigations Act 1996lays down new committal procedures.

committal in civil proceedings A method of enforcing judgment by obtaining
an order that a person be committed to prison. It is most commonly sought when
the person has committed a *contempt of the court (e.g.by disobedience of an order
of the court). In modern practice it is very occasionally available to enforce an order
for the payment of a debt.

Committee of the whole House A committee of which all members of the
House of Commons or the House of Lords are members. In the Lords it sits for the
committee stage of all public Bills. In the Commons the committee stage is normally
taken by a *standing committee, but major Bills (particularly if controversial) are
sometimes referred instead to a whole House committee. Certain matters
concerning expenditure and taxation were formerly considered by the whole House
sitting as the Committee of Supply or the Committee of Ways and Means, but
since 1967 they have been dealt with by the House sitting as such.
common n. A *profit aprendre enjoyed by a number of landowners over
*common land. A right of common may be *appurtenant, in gross (i.e. independent
of any *dominant tenement), or pur cause devicinage ("by reason of neighbourhood":
the right to allow animals grazing common land to stray onto adjoining common
land). They generally comprise rights of pasture (grazing), piscary (fishing), turbary
(rare; a right to take turf), ferae naturae(a right to take animals), *estovers, etc., and
unless they exist in gross are usually limited to the reasonable needs of the
dominant tenements.

Common Agricultural Policy (CAP) The agricultural policy of the EUas set out
in Articles 32-38 of the Treaty of Rome. The overall aims of the CAPare to increase
agricultural productivity, ensure a fair standard of living for the agricultural
community, stabilize markets, assure the availability of supplies, and ensure that
supplies reach consumers at a reasonable price. The Treaty is supplemented by a
wide range of ED directives in this field. See also INTERVENTION.

common assault See ASSAULT.

Common Budget See COMMON EXTERNAL TARIFF.

common carrier See CARRIER.

common design The intention assumed to be shared by those engaged in a joint
illegal enterprise: each party is liable for anything done during the pursuance of
that enterprise, including any unexpected consequences that arise. If, however, one
of the parties does something that was not agreed beforehand, the others may not
be held responsible for the consequences of this act. See also ACCESSORY.

common duty of care The duty of an occupier of land or premises to take
reasonable care to see that visitors will be reasonably safe in using the premises for
the purposes for which they are invited or permitted to be there. See OCCUPIER'S
LIABILITY.

Common External Tariff (CEl) The tariff of import duties payable on certain
goods entering any member state of the European Union from non-EU countries.
The CET prevents the distortion of trade that would occur if member states set
their own import duties on products coming into their state from outside the ED.
The Tariff contributes to the Common Budget of the EU,from which subsidies due
under the *Common Agricultural Policy are paid.

Common Fisheries Policy (CFP) A fishing policy agreed between members of
the European Community in 1983. It lays down annual catch limits (*quotas) for each
state for major species of fish, a 12-mile exclusive fishing zone for each state, and an
equal-access zone of 200 nautical miles from its coast, within which any member
state is allowed to fish. There are some exceptions to these regulations. The CFPis
handled by the European Commission's Fisheries Directorate General. It was
reviewed in 1992 and is subject to a further review in 2002. See also FISHERY LIMITS.
common heritage of mankind principle The principle that areas of
Antarctica, the sea bed, and outer space should not be monopolized for the benefit
of one state or group of states alone, but should be treated as if they are to be used
to the benefit of all mankind. For example, Article 4 of the Moon Treaty 1979states
that exploration "shall be the province of all mankind and shall be carried out for
the benefit and in the interests of all countries, irrespective of their degree of
economic or scientific development".

commonhold n. A third way of owning land, in addition to *freehold and
*leasehold, that is expected to be introduced into England and Wales in accordance
with the Commonhold and Leasehold Reform Bill. It is intended for developments in
which individual properties, such as flats, houses, or shops, are owned and occupied
by separate persons, but there are common parts, such as stairways and walkways,
that need to remain in central ownership and to be maintained. Previously, such
properties were usually held under long leases, but this had proved unsatisfactory.
Each separate property in a commonhold development will be a unit; the owner
will be a unit-holder. The body owning the common parts will be the commonhold
association, a private company limited by guarantee. Each unit-holder will be a
member of that company. The company membership will be limited to the unitholders,
and the memorandum and articles of the company will be prescribed by the
Lord Chancellor. The commonhold association will also need to create a
Commonhold Community Statement (CCS) setting out the rules and regulations
of the particular community. The commonhold association with its common parts
and all the associated units will be registered at the Land Registry. It will be possible
for leasehold developments to convert to commonhold, but only by the consent of
all parties.

common land Land subject to rights of *common. The Commons Registration Act
1965 provides for the registration with local authorities of all common land in
England and Wales, its owners, and claims to rights of common over it. Subject to
the investigation by Commons Commissioners of disputed cases, and to exceptions
for land becoming or ceasing to be common land, registration provides conclusive
evidence that land is common land and also of the rights of common over it. Rights
could be lost by failure to register.

common law 1. The part of English law based on rules developed by the royal
courts during the first three centuries after the Norman Conquest (1066) as a system
applicable to the whole country, as opposed to local customs. The Normans did not
attempt to make new law for the country or to impose French law on it; they were
mainly concerned with establishing a strong central administration and
safeguarding the royal revenues, and it was through machinery devised for these
purposes that the common law developed. Royal representatives were sent on tours
of the shires to check on the conduct of local affairs generally, and this involved
their participating in the work of local courts. At the same time there split off from
the body of advisers surrounding the king (the curia regis) the first permanent royal
court - the *Court of Exchequer, sitting at Westminster to hear disputes
concerning the revenues. Under Henry II (reigned 1154-89), to whom the
development of the common law is principally due, the royal representatives were
sent out on a regular basis (their tours being known as circuits) and their functions
began to be exclusively judicial. Known as justiciae errantes (wandering justices), they
took over the work of the local courts. In the same period there appeared at
Westminster a second permanent royal court, the *Court of Common Pleas. These
two steps mark the real origins of the common law. The judges of the Court of
Common Pleas so successfully superimposed a single system on the multiplicity of
local customs that, as early as the end of the 12th century, reference is found in
court records to the custom of the kingdom. In this process they were joined by the
judges of the Court of Exchequer, which began to exercise jurisdiction in many
cases involving disputes between subjects rather than the royal revenues, and by
those of a third royal court that gradually emerged - the Court of King's Bench (see
COURT OF QUEEN'S BENCH). The common law was subsequently supplemented by
*equity, but it remained separately administered by the three courts of common
law until they and the Court of Chancery (all of them sitting in Westminster Hall
until rehoused in the Strand in 1872) were replaced by the *High Court of Justice
under the Judicature Acts 1873-75. 2. Rules of law developed by the courts as
opposed to those created by statute. 3. A general system of law deriving exclusively
from court decisions.

common-law marriage 1. A marriage recognized as valid at common law
although not complying with the usual requirements for marriage. Such marriages
are only recognized today if (1) they are celebrated outside England and there is no
local form of marriage reasonably available to the parties or (2)they are celebrated
by military chaplains in a foreign territory (or on a ship in foreign waters), and one
of the parties to the marriage is serving in the Forces in that territory. The form
of marriage is a declaration that the parties take each other as husband and wife.
2. Loosely, the situation of two unmarried people living together as husband and
wife (see COHABITATION). In law such people are treated as unmarried, although
recently they have been recognized as equivalent to married persons for purposes
of protection against battering and for some provisions of the Rent Acts (such as
succession to *statutory tenancies).

Common Market See EUROPEAN COMMUNITI.

common mistake See MISTAKE.

common money bond See BOND.

Common Serjeant The title held by one of the *circuit judges at the *Central
Criminal Court. It was formerly an ancient office of the City of London, first
mentioned in its records in 1291. Serjeants-at-law were the highest order at the
English Bar from the 13th or 14th centuries until the King's Counsel took priority in
the 17th century. Until 1873 the judges of the common law courts were appointed
from the serjeants; the order of serjeants was dissolved in 1877. The title remains,
however, for a circuit judge who has a ten-year Crown Court qualification and who
has been appointed a Common Serjeant by the Crown.

Commonwealth (British Commonwealth) n. A voluntary association consisting
of the UK and many of its former colonies or dependencies (e.g. protectorates) that
have attained full independence and are recognized by international law as separate
countries. The earliest to obtain independence (e.g.Canada and Australia) did so by
virtue of the Statute of Westminster 1931, but the majority have been granted it
individually by subsequent Independence Acts. Some (such as Canada and Australia)
are still technically part of the Crown's dominions; others (e.g. India) have become
republics. All accept the Crown as the symbol of their free association and the head
of the Commonwealth.

commonwealth citizen Under the British Nationality Act 1948,a status
synonymous with that of *British subject. By the British Nationality Act 1981(which
replaced the 1948 Act as from 1 January 1983 and gave the expression British subject
a very limited meaning), it was redefined as a wide secondary status. It now includes
every person who is either a British citizen, a British Dependent Territories citizen, a
British National (Overseas),a British Overseas citizen, a British subject (in its current
sense), or a citizen of one of the independent Commonwealth countries listed in a
schedule to the 1981 Act.

commorientes pl. n. [Latin] Persons who die at the same time. Under the Law of
Property Act 1925, when the order of death is uncertain commorientes are presumed
(so far as the devolution of their property is concerned) to have died in order of
seniority. Thus a bequest by the younger to the elder is treated as having lapsed.
However, this rule may be displaced by a contrary intention expressed in a will, and
under the Intestates' Estates Act 1952 the rule does not apply when intestate spouses
die at the same time: it is assumed that neither spouse left the other surviving.

community n. A *Iocal government area in Wales, as set out in the Local
Government (Wales) Act 1994, consisting of a division of a *county or a county
borough and equivalent to an English civil parish. All communities have meetings
and many have an elected community council. which is a *Iocal authority with a
number of minor functions (e.g. the provision of allotments, bus shelters, and
recreation grounds). A community council may by resolution call its area a town,
itself a town council, and its chairman the town mayor, either in Welsh or in
English.

community charge (poll tax) A former form of local tax levied on all adults
(with some exceptions) to contribute to the cost of local government. It was
introduced by the Local Government Finance Act 1988 to replace domestic *rates (i.e.
rates paid by private householders) from April 1990in England and Wales (it was
introduced in Scotland in 1989). The tax proved unpopular and difficult to collect. It
was abolished and replaced by the *council tax with effect from April 1993.

Community dimension (in ED mergers law) See MERGER.

community home An institution for the accommodation and maintenance of
children and young persons in care. Community homes are provided by local
authorities and voluntary organizations under the Children Act 1989. A local
authority may be liable for the acts of children in community homes.

community land See DEVELOPMENT LAND.

Community law (EU law) The law of the European Union (as opposed to the
national laws of the member states). It consists of the treaties establishing the EU
(together with subsequent amending treaties), *Community legislation, and decisions
of the *European Court of Justice. Any provision of the treaties or of Community
legislation that is directly applicable or directly effective in a member state forms
part of the law of that state and prevails over its national law in the event of any
inconsistency between the two.

Community Legal Service The service that replaced the *legal aid scheme on 1
April 2000. The new service has many features similar to the legal aid scheme but
has been redesigned to ensure that public funds are directed to those most in need.
It does this by excluding more categories of potential applicant and also in
prescribing new and stricter criteria for eligibility. The service is administered by
the Legal Services Commission (which replaced the Legal Aid Board of the old
scheme). There are various levels of service. They are: (1) legal help, which broadly
replaces the *green form scheme; (2) help at court, which is similar to the previous
*ABWOR; (3) investigative help, which provides the funding of investigation before
assessment as to whether or not to proceed; (4)full representation, which is
equivalent to the former full legal aid; (5) support funding, which provides partial
funds to support high-cost claims but not the majority of the costs, which are met
elsewhere; and (6) specific directions, by which the Lord Chancellor may authorize
specific support for particular claims, e.g. test cases or class actions. Strict financial
criteria are laid down for eligibility for each of these six levels of service, which
reflect the requirements of the different levels of service. However, at the centre of
such criteria is the cost-benefit criterion, under which funding will be refused if the
benefit to be gained is considered not to justify the level of costs likely to be
incurred.

Community legislation Laws made by the *Council of the European Union or
the *European Commission. Each body has legislative powers, but most legislation is
made by the Council, based on proposals by the Commission, and usually after
consultation with the *European Parliament. The role of the Parliament in the
legislative process was strengthened under the Single European Act 1986 and the
Maastricht Treaty. Community legislation is in the form of regulations, directives,
and decisions. Regulations are of general application, binding in their entirety, and
directly applicable in all member states without the need for individual member
states to enact these domestically (see COMMUNITY LAw). Directives are addressed to
one or more member states and require them to achieve (by amending national law
if necessary) specified results. They are not directly applicable - they do not create
enforceable Community rights in member states until the state has legislated in
accordance with the directive: the domestic statute then creates the rights for the
citizens of that country. A directive cannot therefore impose legal obligations on
individuals or private bodies, but by its direct effect it confers rights on individuals
against the state and state bodies, even before it has been implemented by changes
to national law, by decisions of the European court. Decisions may be addressed
either to states or to persons and are binding on them in their entirety. Both the
Council and the Commission may also make recommendations, give opinions, and
issue *notices, but these are not legally binding.

community of assets (community of property) The sharing of ownership of
matrimonial property, such as the home and furniture, as an automatic consequence
of marriage. This is not a feature of English law. See FAMILY ASSETS.

community punishment order An order that requires an offender (who must
consent and be aged at least 16) to perform unpaid work for between 40 and 240
hours under the supervision of a probation officer. Formerly known as a
community service order, it has been renamed under the Criminal Justice and
Court Services Act 2000. Such an order replaces any other form of punishment (e.g.
imprisonment); it is usually based on a probation officer's report and is carried out
within 12 months (unless extended). Breach of the order may be dealt with by fine
or by revocation of the order and the imposition of any punishment that could
originally have been imposed for the offence.

community rehabilitation order A court order, formerly known as a
probation order, placing an offender under the supervision of a *probation officer
for a period of between six months and three years, imposed (only with the consent
of the offender) instead of a sentence of imprisonment. Such orders may be imposed
on any offenders over the age of 16; they are most commonly imposed on first
offenders, young offenders, elderly offenders in need of support, and offenders
whose crimes are not serious. The order contains conditions for the supervision and
behaviour of the offender during the rehabilitation period, including where he
should live, when and how often he should report to his local probation officer, and
a requirement that he should notify the probation officer of any change of address.
The order may also require him to live in an approved probation hostel (for those
offenders employed outside the hostel) or an approved probation home (for
offenders not employed outside). An order may also be made that the offender
should attend a specified day-training centre, designed to train him to cope with
the strains of modern life, for a period of up to 60 days.
A community rehabilitation order has the same legal effect as a *discharge. If the
offender is convicted of a further offence while undergoing community
rehabilitation, he may be punished in the normal way for the original offence (for
which the order was made) as though he had just been convicted of that offence. If
he does not comply with the conditions specified in the community rehabilitation
order, he may be fined or the court may make a *community punishment order or
order for attendance at a day centre or it may punish him for the original offence
as though he had just been convicted of it.
Community rehabilitation orders may also be imposed on offenders who, though
not insane, are suffering from some mental problem. A medical practitioner or
chartered psychologist may be specified in such orders.

Community Trade Mark (ClM) A *trade mark that is registered for the whole
of the European Union. It can be obtained by application to national trade mark
offices or the Community Trade Mark Office at Alicante, Spain. The European
Commission adopted the Regulation for the Community Trade Mark, Regulation
40/94, on 20 December 1993; UK legislation was included in the Trade Marks Act 1994.
Marks are registered for a period of ten years and may be renewed on payment of
fees.

commutative contract See CONTRACT OF EXCHANGE.

Companies Court The collective name given to those judges forming part of the
*Chancery Division of the High Court who deal with matters arising out of the
Companies Acts, principally the formation, management, and winding-up of limited
liability companies (see LIMITED COMPANY).

Companies House See COMPANIES REGISTRY.

companies register The official list of companies registered at the Companies
Registry (see REGISTRATION OF A COMPANY).

Companies Registry (Companies House) The office of the Registrar of
Companies (see REGISTRATION OF A COMPANY). Companies with a registered office in
England or Wales are served by the registry at Cardiff; those in Scotland by the
registry in Edinburgh. Certain documents lodged there are open to inspection. These
documents include the *accounts of limited companies, the *annual return, any
*prospectus, the *memorandum and *articles of association, and particulars of the
directors, the secretary, the *registered office, some types of company *charge, and
notices of liquidation.

company n. An association formed to conduct business or other activities in the
name of the association. Most companies are incorporated (see INCORPORATION) and
therefore have a legal personality distinct from those of their members.
Incorporation is usually by registration under the Companies Act 1985 (see
REGISTRATION OF A COMPANY) but may be by private Act of Parliament (see STATUTORY
COMPANY) or by royal charter (chartered company). Shareholders and directors are
generally protected when the company goes out of business. See FOREIGN COMPANY;
LIMITED COMPANY; PRIVATE COMPANY; PUBLIC COMPANY; UNLIMITED COMPANY; WELSH
COMPANY.

company meeting See GENERAL MEETING.

company member A person who holds *shares in a company or, in the case of a
company that does not issue shares (such as a company limited by guarantee), any of
those who have signed the *memorandum of association or have been admitted to
membership by the directors. See LIMITED COMPANY.

company name The title of a registered company, as stated in its *memorandum
of association and in the companies register. The names with which companies can
be registered are restricted (see also BUSINESS NAME). The name must appear clearly in
full outside the *registered office and other business premises, upon the company
seal, and upon certain documents issuing from the company, including notepaper
and invoices. Noncompliance is an offence and fines can be levied. Under the
Insolvency Act 1986,it may be an offence for a director of a company that has gone
into insolvent liquidation to re-use the company name. See also CHANGE OF NAME;
LIMITED COMPANY.

company secretary An officer of a company whose role will vary according to
the nature of the company but will generally be concerned with the administrative
duties imposed upon the company by the Companies Act (e.g.delivering documents
to the *Companies Registry). Under the Companies Act 1985 every company is
required to have a company secretary. A sole *director cannot also be the company
secretary, and in the case of a *public company the company secretary must be
qualified to act as such.

compellable witness A person who may lawfully be required to give evidence.
In principle every person who is competent to be a witness is compellable (see
COMPETENCE). In criminal prosecutions the spouse of the accused is generally
competent and, under the 1999amendments to the Police and Criminal Evidence Act
1984,may in some circumstances be compellable; for example, when the offence
charged is an assault upon the spouse or someone under the age of 16, the spouse is
compellable as well as competent.

compensation n. Monetary payment to compensate for loss or damage. When
someone has committed a criminal offence that caused personal injury, loss, or
damage, and he has been convicted for this offence or it was taken into account
when sentencing for another offence, the court may make a compensation order
requiring the offender to pay compensation to the person suffering the loss (with
interest, if need be). Magistrates' courts may make orders in respect of
compensation. The court must take into account the offender's means and should
avoid making excessively high orders or orders to be paid in long-term instalments.
If the offender cannot afford to pay both a fine and compensation, priority should
be given to payment of compensation. A compensation order may be made for
funeral expenses or bereavement in respect of death resulting from an offence
other than a death due to a motor-vehicle accident. Potential claimants and
maximum compensation for bereavement are the same as those under the Fatal
Accidents Act 1976 (see FATAL ACCIDENTS). An order may only be made in respect of
injury, loss, or damage (other than loss suffered by a person's dependants in
consequence of his death) due to a motor-vehicle accident if (1) it is for damage to
property occurring while it was outside the owner's possession in the case of
offences under the Theft Act 1968,or (2) the offender was uninsured to use the
vehicle and compensation is not payable under the *Motor Insurers' Bureau
agreement. A court that does not award compensation must give reasons. Victims of
*criminal injury may apply for compensation under the *Criminallnjuries
Compensation Scheme. Under the Theft Act 1968, a *restitution order in monetary
terms may be made when the stolen goods are no longer in existence; this kind of
order is equivalent to a compensation order. Compensation orders may be made in
addition to, or instead of, other sentences. A court must order a parent or guardian
of an offender under the age of 17 to pay a compensation order on behalf of the
offender unless the parent or guardian cannot be found or it would be unreasonable
to order him to pay it.
A person who has been wrongfully convicted of a criminal offence may apply to
the Home Secretary for compensation, which is awarded upon the assessment of an
independent assessor.
An *employment tribunal may order an employer to pay compensation to an
employee who has been unfairly dismissed (see UNFAIR DISMISSAL). The compensation
comprises a basic award of a sum equivalent to the *redundancy payment to which
a redundant employee would be entitled (with a minimum of .3300 when dismissal
is for trade union activity), and a compensatory award representing the loss that
the employee suffers because of the dismissal (the compensatory award is subject to
an upper limit of .51,700). This will include compensation for the loss of his earnings
and other benefits of the former employment, and for the loss of his statutory
rights in respect of unfair dismissal and redundancy in the initial period of any new
employment he obtains (see CONTINUOUS EMPLOYMENT). Additional compensation may
be awarded if the employer does not comply with an order by the tribunal to reemploy
the employee; the additional award will be between 26 and 52 weeks' pay.
Limits on the amount of weekly pay that can be used in these calculations are set by
regulations made by the Secretary of State for Work and Pensions and reviewed
annually. The tribunal may reduce any compensation by an appropriate proportion
when the employee's conduct has contributed to his dismissal. The employee is
under the same duty to mitigate his loss as someone claiming damages in the courts.
Thus if he unreasonably refuses an offer of a new job he will not be compensated
for his continued unemployment thereafter. If the employee was dismissed for his
failure to enter into a *closed-shop agreement, following pressure by a trade union
for his dismissal, the employer can pass on to the trade union the liability to pay
compensation. Compensation may also be awarded by an employment tribunal when
there is a finding of sexual or racial discrimination. In such cases the upper limit or
financial cap on unfair dismissal damages has been removed, as the European Court
of Justice has ruled that the cap is discriminatory and contrary to *equal treatment
laws. This award can also include an amount for hurt feelings.

competence n. (of witnesses) The legal capacity of a person to be a *witness. Since
the abolition in the 19th century of certain ancient grounds of incompetence, every
person of sound mind and sufficient understanding has been competent, subject to
certain exceptions. For example, a child may be sworn as a witness only if he
understands the solemnity of the occasion and that the taking of an oath involves an
obligation to tell the truth over and above the ordinary duty of doing so. However,
under the Youth Justice and Criminal Evidence Act 1999, a child below the age of 14
1984 and the subsequent 1999amendments, the spouse of an accused is generally a
competent witness for the prosecution (subject to some exceptions) and compellable
for the accused (subject to some exceptions).

competition law The branch of law concerned with the regulation of
*anticompetitive practices, *restrictive trade practices, and *abuses of a dominant
position or market power. Such laws prohibit *cartels and other commercial
restrictive agreements. In the UK the Competition Act 1998and the Fair Trading Act
1973 contain the legislative provisions. Throughout the EU, *Articles 81 and 82 of the
Treaty of Rome and regulations made under those provisions contain the legal rules
in this area, which constitute EU competition law. Under the de minimis principle,
the European Commission has issued a notice that competition rules will be unlikely
to apply to agreements affecting trade between member states when the parties to
the agreement have a joint market share of 5%or less (10% for *vertical agreements,
such as distribution contracts). In the USAcompetition law is known as antitrust
law.

competitive tendering The introduction of competition into the provision of
public services with the aim of improving the cost-effectiveness and quality of these
services. It affected a wide range of public bodies, from local authorities to the
prison service: public services were supplied by the body (usually a private-sector
company) that submitted the most competitive tender for the service in question.
Examples of services most commonly provided by this means were refuse collection,
the provision of school meals, and residential care for the elderly. These rules were
principally contained in the Local Government Acts 1988 and 1992. The Local
Government Act 1999abolished compulsory competitive tendering and replaced it
with a duty to provide *best value, whereby authorities must have regard to
economy, efficiency, and effectiveness when exercising their functions.

complainant n. A person who alleges that a crime has been committed. A
complainant alleging rape, attempted rape, incitement to rape, or being an accessory
to rape is allowed by statute to remain anonymous; evidence relating to her
previous sexual experience cannot be given (unless the court especially rules
otherwise).

complaint n. 1. The initiating step in civil proceedings in the *magistrates' court,
consisting of a statement of the complainant's allegations. The complaint is made
before a *justice of the peace or, if the complaint is not required to be on oath,
before a *clerk to the justices, who may then issue an originating *process directed
to the defendant. 2. An allegation of a crime. A complaint made by the victim of a
sexual offence directly after the commission of the offence is admissible as evidence
of the consistency of the complainant's story.

completely constituted trust See EXECUTED TRUST.

completion n. (in land law) The point at which ownership of land that is the
subject of a contract for its sale changes hands. The purchaser hands over any
unpaid balance of the price in exchange for the title deeds and a valid conveyance of
the land to him if the land is unregistered. If the land is registered, the purchaser
receives a simple form of transfer that must be lodged at the appropriate District
*Land Registry with the *land certificate.

composition n. An agreement between a debtor and his creditors discharging the
debts in exchange for payment of a proportion of what is due. The debtor may have
to register the agreement as a *deed of arrangement. See also SCHEME OF
ARRANGEMENT; VOLUNTARY ARRANGEMENT.

compound vb. 1. To make a *composition with creditors. 2. See COMPOUNDING AN
OFFENCE.

compounding an offence The offence of accepting or agreeing to accept
consideration for not disclosing information that might assist in convicting or
prosecuting someone who has committed an *arrestable offence (consideration here
does not include reasonable compensation for loss or injury caused by the offence).
There is also a special statutory offence of advertising a reward for stolen goods on
the basis that "no questions will be asked" or that the person producing the goods
"will be safe from inquiry".

compound settlement A settlement of land arising from a series of trust
instruments, e.g. a resettlement following the barring of an *entailed interest.
Under the Settled Land Act 1925 the trustees of the original settlement (or if there
are none, those of the resettlement) are treated as the trustees of the compound
settlement. Thus the tenant for life is always able to overreach the interests of all
other beneficiaries (see OVERREACHING).
compromis d'arbifrage [French] Agreements between states to submit disputes
between them to an arbitration tribunal. See also ARBITRATION.
compromise n. The settlement of a disputed claim by agreement between the
parties. Any court proceedings already started are terminated. The terms of the
settlement can be incorporated in a judgment by the court (called a consent
judgment) or the terms can form a contract between the parties.

compulsory purchase The enforced acquisition of land for public purposes, by
statutory authority and on payment of compensation. Authority may be given for a
specific acquisition, but public and local authorities have wide powers to acquire any
land required for particular functions, such as education. These powers are normally
exercised under the Acquisition of Land Act 1981, and compensation is assessed
under the Land Compensation Acts 1961and 1973.A compulsory purchase order is
submitted for confirmation to the appropriate government minister, whose decision
is preceded by an inquiry into public objections. In most cases the procedure
includes the service of a *notice to treat on the landowner, who then negotiates
compensation. Any dispute about compensation is decided by the *Lands Tribunal.
See also SPECIAL PROCEDURE ORDERS.

compulsory winding-up A procedure for winding up a company by the court
based on a petition made under circumstances listed in the Insolvency Act 1986.The
main grounds for this type of petition are that the company is unable to pay its
debts or that the court is of the opinion that it is in the interests of the company
that a *just and equitable winding-up should be made. Any director, *contributory,
or creditor of the company, the supervisor of a *voluntary arrangement, or the
Secretary of State may make such a petition. The winding-up is conducted by a
*liquidator, who is supervised by the court, a *liquidation committee, and the
Department of Trade and Industry. See also WINDING-UP.

computer documents (in the law of evidence) In civil cases a document
produced by a computer is admissible under the general rules of evidence of any
fact recorded in it of which direct oral evidence would be admissible. In criminal
cases computer printouts are admissible as evidence by virtue of the amendments
introduced by the Youth Justice and Criminal Evidence Act 1999.

computer misuse See HACKING.

concealment n. See NONDISCLOSURE.

concealment of securities The offence (punishable by up to seven years'
imprisonment) of dishonestly concealing, destroying, or defacing any valuable
security, will, or any document issuing from a court or government department for
the purpose of gain for oneself or causing loss to another. Valuable securities
include any documents concerning rights over property, authorizing payment of
money or the delivery of property, or evidencing such rights or the satisfying of any
obligation.

concentration n. (in EU law) The technical term for a *merger.

concert party (consortium) An agreement (which mayor may not be legally
binding) between a number of people to acquire shares in a company in order to
accumulate a significant holding of its voting shares. Under the Companies Act 1985
and rules administered by the Panel on Takeovers and Mergers anyone becoming
interested in 3% or more of the voting shares of a public company must disclose
this to the company; a member of a concert party is deemed to be interested not
only in his own shares but also in those of other consortium members. Such
disclosure may enable a company to counter a *takeover; it may also trigger rules
relating to partial offers, which may make it necessary for the consortium to offer
to buy the remaining shares. See also SARS. Compare DAWN RAID.

conciliation n. 1. (in civil disputes) See ACAS; ALTERNATIVE DISPUTE RESOLUTION. 2. A
procedure of peaceful settlement of international disputes. The matter of dispute is
referred to a standing or ad hoccommission of conciliation, appointed with the
parties' agreement, whose function is to elucidate the facts objectively and
impartially and then to issue a report. The eventual report is expected to contain
concrete proposals for a settlement, which, however, the parties are under no legal
obligation to accept. See also GOOD OFFICES; MEDIATION.

conciliation officer See ACAS.

conclusive evidence Evidence that must, as a matter of law, be taken to
establish some fact in issue and that cannot be disputed. For example, the certificate
of incorporation of a company is conclusive evidence of its incorporation.
concurrent interests Ownership of land by two or more persons at the same
time; for example, *joint tenancy and *tenancy in common.

concurrent jurisdiction That part of the jurisdiction of the *Court of Chancery
before the Judicature Acts 1873-75 that was enforced equally in the common law
courts; equity usually took jurisdiction because the common law remedies were
inadequate. Since the Judicature Acts the jurisdiction of all divisions of the High
Court has been concurrent in name, but certain remedies (for example, specific
performance and injunction) are more commonly sought in the Chancery Division.
Compare EXCLUSIVE JURISDICTION.

concurrent lease A lease granted by a landlord to run at the same time as
another lease of the same premises. The effect is that the lessee of the concurrent
lease acquires the rights and duties of the landlord in relation to the other lease.

concurrent planning (twin-track planning) The planning involved in placing
certain children who are in local-authority care with carers who are approved to
both foster and adopt. Initially, the plan requires that the carers should work
constructively to return the child to its parents. If it becomes apparent that this
will not happen within a reasonable time, the carers will continue to look after the
child and apply to adopt him. The aim of concurrent planning is to reduce the
number of moves experienced by a child in care.

concurrent sentence A *sentence to be served at the same time as one or more
other sentences, when the accused has been convicted of more than one offence.
Concurrent sentences are usually terms of imprisonment, and in effect the accused
serves the term of the longest sentence. Alternatively the court may impose

consecutive sentences, which follow on from each other.

concurrent tortfeasors See JOINT TORTFEASORS.

condition n. 1. A major term of a contract. It is frequently described as a term
that goes to the root of a contract or is of the essenceof a contract (see alsoTIME
PROVISIONS IN CONTRACTS); it is contrasted with a warranty, which is a term of minor
importance. Breach of a condition constitutes a fundamental breach of the contract
and entitles the injured party to treat it as discharged, whereas breach of warranty
is remediable only by an action for damages, subject to any contrary provision in a
contract (see BREACH OF CONTRACT). A condition or a warranty may be either an
*express term or an *implied term. In the case of an express term, the fact that the
contract labels it a condition or a warranty is not regarded by the courts as
conclusive of its status. See alsoINNOMINATE TERMS. 2. A provision that does not form
part of a contractual obligation but operates either to suspend the contract until a
specified event has happened (a condition precedent) or to bring it to an end in
certain specified circumstances (a condition subsequent).When X agrees to buy Y's
car if it passes its MOTtest, this is a condition precedent; a condition in a contract
for the sale of goods that entitles the purchaser to return the goods if dissatisfied
with them is a condition subsequent.

conditional admissibility The *admissibility of evidence whose *relevance is
conditional upon the existence of some fact that has not yet been proved. The courts
permit such evidence to be given conditionally, upon proof of that fact at a later
stage of the trial. Such evidence is sometimes said to have been received *de beneesse.
conditional agreement An agreement that will take effect, if at all, upon the
happening of some uncertain event.

conditional discharge See DISCHARGE.

conditional fee agreement An agreement, which must be in writing, between
lawyer and client for legal services in litigation to be provided on the basis that
payment is only due if the proceedings are successful ("no win, no fee"). In return
for accepting the risk of no fee, the lawyer is entitled to charge a higher fee (by
claiming a higher *uplift) if successful. If the claimant loses the case, he may have
to pay the other party's costs. The litigation is therefore not entirely risk-free,
although insurance, for which premiums are charged, can be taken out to
accommodate this risk. The conditions on which a conditional fee agreement may be
made (including the type of proceedings in which they are available and the
maximum percentage increase in fees allowed) are prescribed by the Lord Chancellor
under the Courts and Legal Services Act 1990 and the Access to Justice Act 1999. For
most areas of law conditional fee agreements are unlawful, but they are allowed for
certain limited categories of cases, including personal injury cases. See also
CONTINGENCY FEE; MAINTENANCE AND CHAMPERTY.