E

easement n. A right enjoyed by the owner of land (the dominant tenement) to a
benefit from other land (the servient tenement). An easement benefits and binds
the land itself and therefore continues despite any change of ownership of either
dominant or servient tenement, although it will be extinguished if the two
tenements come into common ownership (compare QUASI-EASEMENT). It may be
acquired by statute (for example, local Acts of Parliament), expressly granted (e.g.by
*deed giving a right of way), arise by implication (e.g. an easement of support from
an adjoining building), or be acquired by *prescription. (See also PROFIT A PRENDRE.) An
easement can exist as either a legal or an equitable interest in land. Only easements
created by statute, deed, or prescription and held on terms equivalent to a *fee
simple absolute in possession or *term of years absolute qualify as legal easements
and are binding on all who acquire the unregistered servient tenement or any
interest in it Legal easements over registered land should be registered but in
practice will usually be binding without registration. All others are equitable
easements and must generally be registered to be enforceable against a third party
who acquires the servient tenement for value in money or money's worth. Under
section 62 of the Law of Property Act 1925,when land is conveyed, all easements
appertaining to it automatically pass with it without the necessity for express words
in the conveyance. See also REGISTRATION OF ENCUMBRANCES.

easement of necessity An *easement arising by implication in favour either of
a grantee of land over land retained by the grantor or, more rarely, of a grantor of
land over land that he has granted, when access to any land granted or retained
would otherwise be excluded by the operation of the grant. For example, if A, who
owns a plot of land adjoining a highway, sells off the part of the plot immediately
adjacent to the highway but retains the rest, an easement of necessity over the sold
plot is implied if A has no other access to the plot he has retained. If there is any
other right of access to the retained plot, there can be no easement of necessity, no
matter how inconvenient that access proves to be. Any claimant must be able to
prove that the land retained would be inoperative without the easement. The
easement may be extinguished if alternative access becomes possible. The
implication of necessity can be excluded by the terms of the grant; for example,
when the grantor particularly wishes the land retained by him to remain
inaccessible.

EAT See EMPLOYMENT APPEAL TRIBUNAL.

EBRD See EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.

EC See EUROPEAN COMMUNITY.

ecclesiastical courts Courts responsible for the administration of the
ecclesiastical law of the Church of England. They comprise consistory courts, which
are the courts of each diocese, for enforcing discipline among the clergy; the *Court
of Arches and the Chancery Court of York, which hear appeals from consistory
courts in their respective provinces; the *Judicial Committee of the Privy Council,
which hears appeals from the provincial courts in matters not involving doctrine,
ritual, or ceremonial; and the *Court of Ecclesiastical Causes Reserved.

ecclesiastical law See CANON LAW.

ECJ See EUROPEAN COURT OF JUSTICE.

ecolabel n. A label with the EU logo that is used on products that comply with
environmental requirements in particular directives.

economic duress Historically within contract law, a claim that a contract was
voidable for duress could only be successful if a threat to the person (i.e. physical
duress) had induced the contract. Now, however, a contract may be voidable for
economic duress. The essential elements are that an illegitimate threat is made (e.g.
to breach an existing contract or to commit a tort) and that the injured party has
no practical alternative to agreeing to the terms set out by the person making the
threat. See alsoVOIDABLE CONTRACT.

e-conveyancing n. See ELECTRONIC CONVEYANCING.

ECSC See EUROPEAN COAL AND STEEL COMMUNITY.

ECU (European Currency Unit) n. A currency medium and unit of account of the
"European Monetary System, which was replaced by the euro in 1999(see EUROPEAN
MONETARY UNION). Its value was calculated from the values of the currencies of
individual member states of the European Union, The ECUwas not a unit of
currency as such, although some prices were quoted in ECUby the European
Commission and other bodies. The ECUwas used in the *Exchange Rate Mechanism,
and some bonds were issued by member states in ECUs.

education authorities The authorities responsible for the statutory system of
education introduced by the Education Act 1944, i.e. the Secretary of State for
Education and Skills and local education authorities. In England and Wales the latter
are county councils or unitary councils and, within *Greater London, the London
borough councils. The Education Reform Act 1988 introduced measures under which
schools could, with the approval of the Secretary of State, opt out of local education
authority control to become grant-maintained schools, and many have done so. A
new framework for schools has been introduced by the School Standards and
Framework Act 1998.

EEA See EUROPEAN ECONOMIC AREA.

EEC (European Economic Community) See EUROPEAN COMMUNITY.

EEZ See EXCLUSIVE ECONOMIC ZONE.

effective date of termination The date on which a contract of employment
comes to an end, i.e. the date of expiry of any *notice given or of a fixed-term
contract or the date of the employee's dismissal or resignation if no notice is given.
However, an employee dismissed without the statutory minimum notice is treated
as having worked for that period after his dismissal for the purpose of calculating
whether or not his length of service (see CONTINUOUS EMPLOYMENT) qualifies him to
apply to an employment tribunal in respect of redundancy, unfair dismissal, etc.

effective remedy A right contained in Article 13 of the European Convention on
Human Rights but not incorporated directly by the *Human Rights Act 1998. The
Article stipulates that the state must provide systems that give effective remedies
for violations and arguable claims of violations of the other rights contained in the
Convention. This article requires that such systems can both determine such claims
and provide for redress for those violations that are substantiated.

EFTA See EUROPEAN FREE TRADE ASSOCIATION.

eggshell skull rule The rule that a *tortfeasor cannot complain if the injuries he
has caused turn out to be more serious than expected because his victim suffered
from a pre-existing weakness, such as an unusually thin skull. A tortfeasor must
take his victim as he finds him.

EIS See ENTERPRISE INVESTMENT SCHEME.

ejusdem generis rule See INTERPRETATION OF STATUTES.

Elder Brethren See ASSESSOR.

election n. 1. The process of choosing by vote a member of a representative body,
such as the House of Commons or a local authority. For the House of Commons, a
general election involving all UK constituencies is held when the sovereign
dissolves Parliament and summons a new one; a by-election is held if a particular
constituency becomes vacant (e.g.on the death of the sitting member) during the
life of a Parliament. Local government elections (apart from those to fill casual
vacancies) are held at statutory intervals (see LOCAL AUTHORITY). The conduct of
elections is regulated by the Representation of the People Acts 1983 and 1985. The
Representation of the People Act 2000 made some changes to electoral registration
and absent voting and allowed for experiments involving innovative electoral
procedures. Other changes make it easier for the disabled to vote and created an
offence of supplying false particulars on a nomination form. Voting is secret and
normally in person, but any elector can obtain a postal vote without having to
specify a reason. The only requirement is that the applicant is included in the
Register of Electors. Applications for a particular election must be received by the
Electoral Registration Officer six working days before an election. Different rules
apply in Northern Ireland. Any dispute as to the validity of the election of a
Member of Parliament or a local government councillor is raised on an election
petition, which is decided by an election court consisting of two High Court
judges. 2. A doctrine of equity, commonly applied to wills, based on the principle
that a person must accept both benefits and burdens under one document. or reject
both. It arises when there are two gifts in one document, one of A's (the creator's)
property to Band one of B's property to C. Bmust choose whether to accept the gift
of A's property to him and transfer his own property to C. or to reject both gifts.

election court See ELECTION.

election petition See ELECTION.

elective resolution A decision by all the members of a *private company (at a
meeting called on at least 21 days' notice) to dispense with complying with specified
provisions of the Companies Act 1985,for example holding the annual general
meeting and laying the accounts before it or the annual appointment of auditors.

elector n. 1. A person entitled to vote at an *election. For parliamentary and local
government elections, a register of electors is maintained. A new register comes
into force on 16 February each year and governs elections held during the following
12 months. It records electors by reference to their residence on the preceding 10
October (the qualifying date) and includes people who will become 18 (and so
entitled to vote) in the year following its publication. Inclusion on the register is a
requirement for voting. A person on it cannot be prevented from voting but incurs
penalties if he votes without in fact being entitled to do so. See FRANCHISE. 2. (in
equity) One who makes an election.

electricity n. See ABSTRACTING ELECTRICITY.

electromagnetic compatibility The capability of electromagnetic products,
such as computer equipment, machines, etc, to be used together without special
modification. The EU electromagnetic compatibility directive, which is now part of
English law, sets out the minimum requirements to ensure that the use of
computers, etc., does not cause interference with other electromagnetic products. See
alsoCEo

electronic conveyancing (e-conveyancing) The transfer of land by electronic
means instead of by paper documents. The government has announced its intention
to introduce such a method of transferring land, and the Electronic
Communications Act 2000 paves the way for such transfers. It is already possible to
discharge mortgages of registered land electronically. *Land registration (which is
already computerized) has made electronic conveyancing and registration possible.

electronic data interchange (ED!) The use of electronic data-transmission
networks to exchange information. Significant commercial contracts set out the
terms on which such information is supplied, and much commerce is now done on
this basis (known as paperless trading), either through a closed network called an
intranet, to which only members of a limited group have access, or through an open
network, i.e. the Internet. Some international legal rules have been agreed in this
field, including the Uniform Rules of Conduct for Interchange of Trade Data by
Teletransmission (see UNCID).

electronic signature An item of data incorporated into or associated with an
electronically transmitted document or contract for use in establishing the
authenticity of the communication. Under the Electronic Communications Act 2000
electronic signatures are recognized in legal proceedings and as having legal effect.
An electronic signature can be purchased from such bodies as the Post Office and
Chamber of Commerce on production of relevant identification documents. See also
DIGITAL SIGNATURE.

electronic surveillance The use of *telephone tapping, hidden microphones
(bugging) or cameras, or similar means to obtain evidence. The police and other state
bodies may be permitted to use such devices provided that the Secretary of State has
issued a warrant under the Interception of Communications Act 1985. Evidence
obtained by electronic surveillance can usually be used in court proceedings; it has
been compared with the evidence of an eavesdropper. The Police Act 1997 provides
for a system in which independent commissioners of police oversee the
arrangements and investigate complaints in relation to intrusive *surveillance
operations.

eleemosynary corporation [from Latin: eleemosyna, alms] Originally, a lay
(rather than an ecclesiastical) charity. An eleemosynary corporation is now a charity
directed to the relief of individual distress.

embargo n. The detention of ships in port: a type of *reprisal. Ships of a
delinquent state may be prevented from leaving the ports of an injured state in
order to compel the delinquent state to make reparation for the wrong done. See also
ANGARY.

embezzlement n. The dishonest appropriation by an employee of any money or
property given to him on behalf of his employer. Before 1969 there was a special
offence of embezzlement; it is now, however, classified as a form of *theft.

emblements pl. n. Cultivated crops that are normally harvested annually. A tenant
for life of settled land may continue to harvest crops he has sown if his interest in
the land ceases for any reason other than by his own act. For example, he may
continue to harvest his crops if his interest ends on the death of another person but
not if his interest was for life until remarriage and he remarries. When he dies, his
personal representatives are entitled to reap for the benefit of his estate any crops
sown by him before his death.

emergency powers Powers conferred by government regulations durin? a state
of emergency. The existence of such a state is declared by royal proclamation
under the Emergency Powers Acts 1920 and 1964.A proclamation, which lasts for
one month but is renewable, may be issued whenever there is a threat (e.g. a major
strike or natural disaster) to the country's essentials of life. The regulations made
may confer on government departments, the armed forces, and others all powers
necessary to secure the supply and distribution of necessities and the maintenance
of public peace and safety.

emergency protection order A court order under the Children Act 1989 that
gives a local authority or the NSPCC the right to remove a child to suitable
accommodation for a maximum of eight days (with a right to apply for a seven-day
extension) if there is reasonable cause to believe a child is suffering or is likely to
suffer significant harm unless the order is made. The order gives the applicant
*parental responsibility in so far as it promotes the *welfare of the child. In some
cases it may be preferable to remove the abuser from the home rather than ~he
child. The Children Act 1989 provides for the inclusion of an *exclusIOn reqUIrement
in an emergency protection order. The effect of this is to exclude the abuser from
the family home. The order may only be made when another person in the same
household as the child consents to the exclusion order and is able and willing to care
properly for the child. See also SECTION 47 ENQUIRY.

eminent domain See EXPROPRIATION.

emoluments pl. n. A person's earnings, including salaries, fees, wages, profits, and
benefits in kind (e.g. company cars). They are subject to *income tax under Schedule
E in the Income and Corporation Taxes Act 1988.

empanel vb. To swear a jury to try an issue.

employee n. A person who works under the direction and control of another (the
*employer) in return for a wage or salary. See also CHILD EMPLOYEE; CONTRACT OF
EMPLOYMENT; EMPLOYER AND EMPLOYEE.

employees' inventions Products, equipment, or techniques invented by an
employee in the course of his employment. Under the Patents Act 1977 these belong
to the employer if the invention was made in the course of the employee's normal
duties and these were likely to lead to an invention or in the course of any duties
involving a special obligation to further the employer's business. These provisions
cannot be changed in a contract of employment. The employee may, however, be
awarded compensation by the Comptroller General of Patents, Designs and .
Trademarks if the invention is of outstanding benefit to the employer (this VIrtually
never applies). Copyright works also belong to the employer if the employee
produces them in the course of his employment.

employees' share scheme A method of sharing company profits with
employees either by distributing shares already paid up by the company, sither to
the employees themselves or to trustees for them, or by conferring upon them
options to acquire shares on favourable terms. Certain schemes carry tax
concessions.

employer n. A person who engages another (the *employee) to work under his
direction and control in return for a wage or salary (see also CONTRACT OF
EMPLOYMENT). Companies are associatedemployers if one of them controls the
other or others or if they are themselves controlled by the same company.

employer and employee The relationship between the parties to a *contract of
employment. (It was formerly known as master and servant.) The relationship is
governed by the express and implied terms of the contract and by statutory rules
that the contract cannot exclude. These relate, for example, to *unfair dismissal,
*redundancy, *maternity rights, *trade union membership and activity, and health
and *safety at work. On the principle of *vicarious liability, third parties may hold
an employer responsible for certain wrongs committed by his employee in the
course of his employment.

employers' association An organization whose members are wholly or mainly
employers and whose principal purposes include the regulation of relations between
employers and workers or trade unions. Under the Trade Union and Labour
Relations (Consolidation) Act 1992,employers' associations have similar legal status to
*trade unions, being immune from certain civil legal proceedings in tort relating to
interference with contracts and restraint of trade.

employer's liability The liability of an employer for breach of his duty to
provide for his employees competent fellow-workers, safe equipment, a safe place of
work, and a safe system of work, including adequate supervision. Liability can be in
tort for damages for *negligence and for *breach of statutory duty under statutes
providing for *safety at work; there are also criminal penalties. See DANGEROUS
MACHINERY; DEFECTIVE EQUIPMENT.

Employment Appeal Tribunal (EAT) A statutory body established to hear
appeals from *employment tribunals. The EATconsists of a High Court judge as
chairman and two or four lay members who have special knowledge or experience
as employers' or employees' representatives. They can only hear appeals on questions
of law, issues of fact being in the exclusive jurisdiction of employment tribunals.
The EATmay allow or dismiss an appeal or, in certain circumstances, remit the case
to the employment tribunal for further hearing. It does not generally order either
party to pay the other's costs, except when the appeal is frivolous, vexatious, or
improperly conducted. The parties may be represented at the hearing by anyone
they choose, who need not have legal qualifications. The EATcannot enforce its own
decisions; thus, for example, when an employer fails to comply with an order for
compensation that the EAT upholds, separate application must be made to the court
to enforce the order. A party may appeal to the Court of Appeal from a decision of
the EAT, but only with the leave of the EATor the Court of Appeal. The
Employment Tribunals Act 1996 (effective from 22 August 1996) sets out the
jurisdiction of the EAT.

employment tribunal (ET) Any of the bodies established under the employment
protection legislation, consolidated by the Employment (formerly Industrial)
Tribunals Act 1996, to hear and rule on certain disputes between employers and
employees or trade unions relating to statutory terms and conditions of
employment. (Originally called industrial tribunals, they (and the 1996 Act) were
renamed under the Employment Rights (Dispute Resolution) Act 1998.) The tribunals
hear, inter alia, complaints concerning *unfair dismissal, *redundancy, *equal pay,
*maternity rights, and complaints of unlawful deductions from wages under the
Employment Rights Act 1996 (Part II). Tribunals sit in local centres in public and
usually consist of a legally qualified chairman and two independent laymen,
although chairmen are permitted to sit alone, without lay members, for certain
types of case (e.g. deductions from wages claims), cases where the parties agree in
writing, and uncontested cases. An ET differs from a civil C?urt in that it cannot .
enforce its own awards (this must be done by separate application to a court) and It
can conduct its proceedings informally. Strict rules of evidence need not apply and
the parties can present their own case or be represented by an~one. they WIS~ at
their own expense. The tribunal has wide powers to declare a dismissal unfair and to
award *compensation, which is the usual remedy, but they also have power to order
the *reinstatement or *re-engagement of a dismissed employee.
In cases involving allegations of sexual misconduct employment t.ribuna:s are
empowered to make a restricted reportin~ order, .which preven~s Ide~~IficatlOn of
anyone pursuing or affected by the allegations until the t~Ibunal s decI~lOn IS
promulgated. There is also a power to remove identifying information in such cases
from the decisions and other public documents. .'
Before conducting a full hearing of the case, the tribunal may consider (on either
party's application or on its own initiative) what the parties have said in th~ wntten
complaint to the tribunal (the originating application) and the answer to It (the
notice of appearance) in a prehearing assessment. If this assessment suggests
that either party is unlikely to succeed, the tribunal may warn tha.t party that he
may be ordered to pay the other's costs if he in:ists on pursumg hIS case to a full
hearing. When a full hearing takes place, the tnbunal WIll not award costs to the.
successful party unless the other has been warned of this likelih~od at a prehearmg
assessment or has acted vexatiously, frivolously, or unreasonably in brmgmg or
defending the proceedings. An appeal on a point of law arising from any decision on
an ET may be heard by the *Employment Appeal Tribunal.

EMS See EUROPEAN MONETARY SYSTEM.

EMU See EUROPEAN MONETARY UNION.

EN See EURO NORM.

enabling statute A statute that confers rights or powers upon any body or
person.

enacting words The introductory words in an *Act of Parliament that give it the
force of law. They follow immediately after the long title and date of royal assent,
unless preceded by a preamble, and normally run: "Be It Enacted by the Qu:,en's
most Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows ...".A special formula is used in cases when the
Parliament Acts 1911 and 1949 apply (see ACT OF PARLIAMENT).

enactment n. An Act of Parliament, a Measure of the General Synod (see CHURCH OF
ENGLAND), an order, or any other piece of subordinate legislation, or any particular
provision contained in any of these (e.g.a particular section or article). Delegated
legislation is not an enactment for the purposes of the Local Government Act 1992.

encroachment n. The act of extending one's own rights at the expense of others,
particularly by taking in adjoining land to make it appear ?art of one's own. If the
encroachment is acquiesced in for 12 years, the land taken IS considered to be
annexed to the land of the person who made the encroachment.

encumbrance (incumbrance) n. A right or interest in land owned by someone
other than the owner of the land itself; examples include easements, leases,
mortgages, and restrictive covenants. When title to the land is .registered (see LAND
REGISTRATION), encumbrances other than minor and overndmg mterests are r~corded
in the Charges Register. Certain encumbrances affecting unregistered land Will only
be enforceable against third parties if registered at the Land Charges Registry. See
alsoREGISTRATION OF ENCUMBRANCES.

endorsement n. 1. The procedure in which the particulars of a driving offence
are noted on a person's driving licence. When the court orders endorsement for an
offence carrying obligatory or discretionary *disqualification but the driver is not
disqualified, the endorsement also contains particulars of the number of penalty
points imposed for the purposes of *totting up. When the court orders
disqualification, only the particulars of the offence are noted. The courts can order
endorsement upon a conviction for most traffic offences (the main exceptions being
parking offences) and in many cases they must order an endorsement, unless there
are special reasons (e.g.a sudden emergency) why they should not. A person whose
licence is to be endorsed must produce it for the court; if he does not do so, his
licence may be suspended. A driver whose licence has been endorsed may apply to
have a new "clean" licence after a certain number of years has elapsed (usually 4
years, but 11 in the case of offences involving *drunken driving). Under the Road
Traffic (New Drivers) Act 1995, with effect from 1 June 1997, a driver who is
convicted of an endorsable offence and who has accumulated 6 or more penalty
points within two years of passing a driving test has his licence revoked and must
retake a driving test. 2. The signature of the holder on a bill of exchange, which is
an essential step in negotiating or transfering a bill payable to order. The
endorsement must be completed by delivering the bill to the transferee. An
endorsement in blank is the bare signature of the holder and makes the bill
payable to bearer. A special endorsement specifies the person to whom (or to
whose order) the bill is payable (e.g. "Pay X or order"). An endorser, by endorsing a
bill, takes on certain obligations to the holder or a subsequent endorser. 3. The
noting on a document of details of a later transaction affecting the subject matter
of that document. For example, a beneficiary in whose favour a personal
representative executes an *assent of property may require details of the assent to
be written (endorsed) on the document containing the *probate or *letters of
administration. Equally, a purchaser of a plot forming part of a larger plot of land
may require a note or memorandum of the conveyance to him to be endorsed on
the title deeds relating to the whole plot.

endowment n. 1. The provision of a fixed income for the support of a charity.
2. Any property belonging permanently to a charity.
enforcement action Any action, authorized by the United Nations Security
Council, to enforce *collective security under *Chapter VII (i.e. Articles 39-51) of the
UN Charter. As such it stands as one of the very few legal justifications for *use of
force in international law. Strictly, any enforcement action can only be justified
under Article 42 of the Charter, which requires agreement by member states to
place their armed forces at the disposal of the UN (see MILITARY STAFF COMMITTEE).
However, although the theory of enforcement action would seem to be that of
concerted action by members under Article 42, such a limitation is not expressly
stated in the Charter. Article 39 was worded so widely as to allow the Security
Council, using the implied powers allowed for by that Article, to bypass this
problem and authorize that member states voluntarily furnish armed forces to be
under the unified command of one member state. Upon the basis of such implied
power, an enforcement action was justified under Security Council
recommendations under Article 39 in order to defend Korea (1950).

enforcement notice A notice by a local planning authority (see TOWN AND
COUNTRY PLANNING) that requires certain steps to be taken within a specified time to
remedy an alleged breach of planning control. An example of such a breach would
occur if development was carried out without planning permission or contrary to
conditions attached to planning permission. A local planning authority that has
notice of a breach of planning control has, however, a discretion as to whether to
enforce against that breach. Appeal against the notice may be made to the Secretary
of State on various grounds, including the ground that the development is one for
which planning permission ought to be granted. See also STOP NOTICE.

enforcement of judgment The processes by which the orders of a court may be
enforced. Orders for the payment of money may be enforced by a variety of
methods, including a writ of *fieri facias (in the county court, a warrant of
execution), *garnishee proceedings, *charging orders, the appointment of a
*receiver, a writ of *sequestration, and (rarely) an order of committal (see COMMITTAL
IN CIVIL PROCEEDINGS). In the county court (and in the High Court in certain
matrimonial proceedings only) *attachment of the debtor's earnings is also available.
Judgments for possession of land may be enforced by *writ of possession (in the
county court, a warrant of possession). Judgments for delivery of goods may be
enforced by *writ of delivery (in the county court, a warrant of delivery).
Judgments relating to performance of or abstention from some act (e.g. an
*injunction) may be enforced by order of committal or writ of sequestration.

enfranchise vb. 1. To give to a person or class of people the right to vote at
elections. 2. To give to an area or a class of people the right to be represented on an
elected body.

enfranchisement of tenancy A method for acquiring the freehold or an
extended lease of a leasehold house. A tenant has a statutory right of
enfranchisement when he has a long lease (exceeding 21 years) and the house has
been his *main residence for at least three years. The valuation of the freehold, or
rent of an extended lease, is based on the value of the land without the buildings on
it.
The Leasehold Reform Act 1993abolished the rateable value limits for houses and
extended to flat leaseholders the right to acquire collectively the freeholds of their
flats. From 1 April 1997the Housing Act 1996abolished in most cases an earlier
requirement that enfranchisement only applied to leases at a low rent with a
duration of over 35 years. This area of the law is currently under review, with a
view to relaxing rules for qualification and residency.

engagement to marry An agreement, verbal or in writing, to marry at a future
date. Such agreements are no longer treated as enforceable legal contracts, and no
action can be brought for breach of such an agreement or to recover expenses
incurred as a result of the agreement. Engagement rings are deemed to be absolute
gifts and cannot be recovered when an engagement is broken. There is a special
statutory provision that property rights between engaged parties (for example, in
respect of a house purchased with a view to marriage) are to be decided in
accordance with the rules governing property rights of married couples.

engross vb. To prepare a fair copy of a deed or other legal document ready for
execution by the parties.

enlarge vb. (in land law) To acquire further rights in land, thereby increasing one's
interest to some greater estate or interest. For example, a *tenant in tail may
enlarge his interest into a fee simple by executing a disentailing deed (see ENTAILED
INTEREST). A mortgagee in possession for 12 years may, by executing a deed, enlarge
his interest into a fee simple free from the mortgage.

enrolment n. The registration of an act or document on an official record. It used
to be obligatory to enrol many documents in the Enrolment Office, a department of
the Chancery Division. Nearly all such obligations were abolished by the Judicature
Acts 1873-75.

entailed interest An *equitable interest in land under which ownership is
limited to a person and the heirs of his body (either generally or those of a specified
class). Such heirs are still those who would inherit under the law of intestacy as it
applied before the Administration of Estates Act 1925. Since 1997, no new entailed
interests can be created. An attempt to do so creates an absolute interest instead.

enter vb. 1. (in the law of *burglary) To make "an effective and substantial" entry
as a trespasser. This does not necessarily require entry of the whole of the
defendant's body. 2. (in land law) See ENTRY INTO POSSESSION.

entering jUdgment A procedure in civil courts in which a judgment is formally
recorded by the court after it has been given. In the Queen's Bench Division it is
necessary for the party seeking to have judgment entered to draw up the judgment
and present it to an officer of the court for entry together with the certificate of
the associate (clerk of the court) and the statements of case. In the county court, the
court itself draws up and enters the judgment.

Enterprise Investment Scheme (EIS) A scheme to encourage investment in
unquoted companies; it replaced the similar Business Expansion Scheme on 1
January 1994. It gives income tax relief of 20% on investments to individuals who
invest from .500 to .150,000 in anyone year in shares issued by UKtrading
companies not quoted on the Stock Exchange. Shares issued under this scheme are
also exempt from capital gains tax. Investors can hold paid directorships of the
companies; there is also income and capital gains tax relief on losses. Companies
providing private housing on assured tenancies are excluded from the scheme.

entire contract See PERFORMANCE OF CONTRACT.

entrapment n. Deliberately trapping a person into committing a crime in order to
secure his conviction, as by offering to buy drugs. English courts do not recognize a
defence of entrapment as such, since the defendant is still considered to have a free
choice in his acts. Under the Police and Criminal Evidence Act 1984,entrapment may
be a reason for making certain evidence inadmissible on the ground that the
admission of the evidence would have such an adverse effect on the fairness of the
proceedings that the court ought not to admit it. The question of the admissibility
of evidence obtained through entrapment is in some doubt as a consequence of the
cases now being decided under the "Human Rights Act 1998. Entrapment may also
be used as a reason for mitigating a sentence. See alsoAGENT PROVOCATEUR.

entry into possession The act of going upon land to assert some right over it.
For example, a lease usually gives the landlord the right to enter and take possession
if the tenant fails to pay the rent or commits a breach of covenant. A mortgagee has
the right to recover possession from a defaulting mortgagor who is in possession. In
general, such rights of entry cannot be enforced unless the court orders the
defaulter to give up possession.

entry without warrant Entry by a police officer onto private premises without
the authority of a warrant. This is in general unlawful except with the occupier's
consent (which is revocable), but it is permitted by statute for the purpose of
arresting for certain offences (see ARRESTABLE OFFENCE) and in certain circumstances
to search premises (see POWER OF SEARCH); it is also allowed at common law to stop an
actual or apprehended breach of the peace.

epitome of title See ABSTRACT OF TITLE.

equality clause A clause in a contract of employment stipulating that if a
woman is employed on similar work to that of a man in the same employment, or
on work rated as equivalent or of like value to his, the terms of her contract must
place her in no less favourable a position than the man. A contract not containing
such a clause (either directly or as a result of some collective agreement) is deemed
to include one by virtue of the Equal Pay Act 1970 as amended by the Sex
Discrimination Acts 1975 and 1986 and by the Equal Pay (Amendment) Regulations
1983. However, the clause does not affect certain statutory requirements concerning
the employment of women (e.g.with respect to health and safety requirements) or
their *maternity rights. See also EQUAL PAY; SEX DISCRIMINATION.

equality is equity [from Latin: aequitas est quasi aequalitas] A *maxim of equity
stating that if there are no reasons for any other basis of division of property, those
entitled to it shall share it equally.

equality of arms A concept that has been created by the European Court of
Human Rights in the context of the right to a *fair trial (Article 6). Equality of arms
requires that there be a fair balance between the opportunities afforded the parties
involved in litigation (for example, each party should be able to call witnesses and
cross-examine the witnesses called by the other party). In some circumstances this
may require the provision of financial support to allow a person of limited means to
pay for legal representation.

Equal Opportunities Commission A body established by the Sex
Discrimination Acts 1975 and 1986 to work towards eliminating discrimination on
grounds of sex or marital status, to promote equality of opportunity between the
sexes, and to keep the working of the Acts, and of the Equal Pay Act 1970, under
review. It consists of 8-15 Commissioners. See SEX DISCRIMINATION.

equal pay The requirement of the Equal Pay Act 1970 that men and women in the
same employment must be paid at the same rate for like work or work rated as
equivalent or of equal value. They are in the same employment if they work at the
same establishment (or if one works at an establishment that includes the other's)
and they work for the same or an associated *employer. The establishments must
also be those at which the terms and conditions of employment are observed
generally or for employees of the relevant description. "Like work" is work that is
broadly similar, where any differences between the man's work and the woman's
are not of practical importance. Work is rated as equivalent when the employer has
undertaken a study to evaluate his employees' jobs in terms of the skill, effort, and
responsibility demanded of them and the woman's job is given the same grade as
the man's. If the employer has no job-evaluation scheme, an independent expert is
appointed by an employment tribunal to evaluate the two jobs to see if they are of
equal value. Thus when the employer's job-grading system or the expert's report
recognizes that the woman's job is as demanding as the man's, they are entitled to
equal pay even though the nature of the work they do is very different. An
employer's job-evaluation system can be challenged on the basis that it is
discriminatory. See also EQUALITY CLAUSE.
The Code of Practice on Equal Pay, which was drafted by the Equal Opportunities
Commission and applies to all employers, came into effect on 26 March 1997. The
Code requires employers to review current pay structures and policy; introduce an
equal-pay policy and ensure that pay structures and grades are transparent; change
any rules of practice that are likely to result in discrimination in pay; establish a
continuous monitoring procedure and on-going assessment so that bad practices do
not develop; and assess whether there are any discrepancies in pay levels between
male and female staff. The Code is admissible in evidence in any tribunal
proceedings under the Sex Discrimination Act 1975 and the Equal Pay Act 1970.
equal treatment The requirement, enshrined in the Treaty of Rome, that
nationals of one ED state moving to work in another ED state must be treated in
the same way as those workers of the state to which they have moved. There must
be *free movement of workers throughout the ED and no discrimination in relation
to pay, social security, and tax benefits. See alsoEQUAL PAY.

equitable adj. 1. Recognized by or in accordance with the rules of equity: applied
to distinguish certain concepts used in both common or statute law and in equity.
For example, assignments and mortgages can be either legal or equitable.
2. Describing a right or concept recognized by the Court of Chancery. 3. Just, fair,
and reasonable. For example, a document may have two meanings, one strict and the
other (the equitable construction) more benevolent.

equitable assignment See ASSIGNMENT.

equitable charge 1. See EQUITABLE MORTGAGE. 2. A *charge created by designating
specific property for the discharge of some debt or other obligation. No special form
of words is necessary to create an equitable charge, manifested intention being
sufficient. See GENERAL EQUITABLE CHARGE.

equitable easement See EASEMENT.

equitable estate A right in property recognized by the Court of Chancery, as
distinct from a *Iegal estate recognized in common law courts (see ESTATE). Equitable
estates reflected legal interests but could be more flexible (compare SHIFTING USE;
SPRINGING USE). Before 1926, most types of estate could exist either at law or in
equity; since 1925 only a limited number of legal estates can exist; all other interests
!n land are called *equitable interests. The term equitable estate is now technically
Incorrect.

equitable estoppel See ESTOPPEL.

equitable execution Means of enforcing the judgment of a court when the
judgment creditor cannot obtain satisfaction from the normal methods of
*execution. For example, the creditor may appoint a receiver to manage the
defendant's property or he may obtain an injunction to prevent the defendant from
dealing with the property. These remedies are often regarded as relief granted by
the court, rather than as execution.

equitable interests Interests in property originally recognized by the Court of
Chancery, as distinct from legal interests recognized in the common-law courts.
They arose in cases when it was against the principles of *equity for a person to
enforce a legal right. Originally equitable rights (e.g. a trust, or the equity of
redemption under a mortgage) were enforceable against the person with a legal
right over property in question. Later, however, those who were given the property
by the holder of the legal interests took it subject to equitable interests; later still,
anyone who bought property knowing of the equitable interests was bound by
them. In the developed law, everyone took property subject to equitable interests
except those who bought it and neither knew nor ought to have known of the
equitable interests (the doctrine of notice). Since 1925, equitable interests may be
protected by the doctrine of *overreaching, under the system of *land charges, or
by notice.

equitable lease An agreement for the grant of an interest in land on terms that
correspond to a *legallease but do not comply with the necessary formal
requirements of a legal lease. For example, if L purports to grant T a lease for seven
years but the transaction is effected by simple written contract to grant a lease
rather than by deed, the court may enforce the contract to grant the lease between
the parties. This follows the principle that "equity looks upon that as done which
ought to be done" (see MAXIMS OF EQUITY). Further, T's righ~s under the c?ntrac~ could
be registered as an *estate contract and thus bind any third party acquirmg Ls
interest in the land.

equitable lien See LIEN.

equitable mortgage (equitable charge) A *mortgage under which the
mortgagee does not obtain a legal estate in the land. An equitable mortgage may
arise as follows:
(1) If the mortgagor has only an *equitable interest in the land, h.ecan only grant an
equitable mortgage. For example, a mortgage granted by a beneficiary under a
*trust of land could only be equitable. .
(2)An equitable mortgage will arise if the mortgage is made by deed (a requirement
for legal mortgages). The contract for the mortgage must nevertheless be made In
writing.

equitable presumptions *Presumptions assumed by equity in certain cases. The
main examples are the presumption of *resulting trust, the presumption of
*advancement, and the presumption of equality (see EQUALITY IS EQUITY).

equitable remedies Means granted by *equity to redress a wrong. Since th~ .
range of legal remedies was originally very limited, equity showed great flexibility
in granting remedies, which were discretionary: the conduct of the parties, .
particularly that of the claimant, was taken into ac~ount(s~e CLI;,AN HANDS!. The mam
equitable remedies are now *speClflCperformance, rescission, cancellation,
*rectification, *account, *injunction, and the appointment of a *receiver. These
remedies may be sought in any division of the High Court or, in some instan~es, !n
the county courts; they are still discretionary in nature, although the discretion IS
often exercised on established lines.

equitable rights Rights recognized by *equity. See EQUITABLE INTERESTS; EQUITABLE
REMEDIES.

equitable waste Alterations made by a tenant that cause serious damage to the
leased property. See WASTE.

equity n. 1. That part of English law originally administered by the *Lord .
Chancellor and later by the *Court of Chancery, as distinct from that administered
by the courts of *common law. The common law did not recognize ce:~ain conc~pts
(e.g. uses and trusts) and its remedies were limited in scope and fl~XlbllIty, SInce It
relied primarily on the remedy of damages. In the MIddle Ages litigants were
entitled to petition the king, who relied on the advice of his Chan~ellor, commonly
an ecclesiastic ("the keeper of the king's conscience"), to do justice In each case. By
the 15th century, petitions were referred directly to the Cha.ncellor, who dealt Wlt~
cases on a flexible basis: he was more concerned with the fair result than WIth rigid
principles of law (hence the jurist John Selden's jibe that "equity varied with the
length of the Chancellor's foot"). Moreover, if a defendant refused to comply WIth
the Chancellor's order, he would be imprisoned for contempt of the order until he
chose to comply (see IN PERSONAM). In the 17th century conflict arose between the
common-law judges and the Chancellor as to who should prevail; James I resolved
the dispute in favour of the Chancellor. General principles began to emerge, and by
the early 19th century the Court of Chancery was more organized and its
jurisdiction, once flexible, had ossified into a body of precedent with fixed
principles. The Court of Chancery had varying types of jurisdiction (see AUXILIARY
JURISDICTION; CONCURRENT JURISDICTION; EXCLUSIVE JURISDICTION) and many of its general
principles were stated in the form of *maxims of equity; equity had (and still has)
certain doctrines (see ELECTION; CONVERSION; RECONVERSION; PERFORMANCE OF CONTRACT:
SATISFACTION). Under the Judicature Acts 1873-75, with the establishment of the High
Court of Justice to administer both common law and equity, the Court of Chancery
was abolished (though much of its work is still carried out by the "Chancery
Division). The Judicature Acts also provided that in cases in which there was a
conflict between the rules of law and equity, the rules of equity should prevail. The
main areas of equitable jurisdiction now include *trusts, *equitable interests over
property, relief against *forfeiture and penalties, and *equitable remedies. Equity is
thus a regulated scheme of legal principles, but new developments are still possible
("equity is not past the age of child-bearing"): recent examples of its creativity
include the *freezing injunction and the *search order. 2. An equitable right or
claim, especially an *equitable interest, or *equity of redemption, or *mere
equity. 3. A share in a limited company.

equity of redemption The rights of a mortgagor over his mortgaged property,
particularly the right to redeem the property. This right of redemption allows a
mortgagor to redeem the mortgaged property at any time on payment of principal.
interest, and costs, even after the contractual date of redemption, as stated in the
mortgage deed, has passed. Any *clogs on the equity of redemption are void, but the
mortgagor's rights may be terminated under certain circumstances (see MORTGAGE).
Before 1926 a mortgage was commonly effected by the transfer of the
mortgagor's interest in the property to the mortgagee, but the mortgagor's rights
were recognized by equity. Since 1925 the mortgagor retains legal ownership of the
property in all cases: the term equity of redemption is still used, however, although
the right to redeem is no longer strictly an equitable interest.

erga omnes obligations [Latin: towards all] (in international law) Obligations in
whose fulfilment all states have a legal interest because their subject matter is of
importance to the international community as a whole. lt follows from this that the
breach of such an obligation is of concern not only to the victimized state but also
to all the other members of the international community. Thus, in the event of a
breach of these obligations, every state must be considered justified in invoking
(probably through judicial channels) the responsibility of the guilty state
committing the internationally wrongful act. It has been suggested that an example
of an erga omnesobligation is that of a people's right to *self-determination.

ERM See EXCHANGE RATE MECHANISM.

error n. A mistake of law in a judgment or order of a court or in some procedural
step in legal proceedings. A writ of error was formerly used to instruct an inferior
court to send records of its proceedings for review by a superior court. It was
abolished in civil cases by the Judicature Acts 1873-75 and in criminal cases by the
Criminal Appeal Act 1907 and replaced by the modern system of *appeal.
error of law on the face of the record A mistake of law that is made by an
inferior court or tribunal in reaching a decision and is apparent from the record of
its proceedings. The decision can be quashed by the High Court in *judicial review
proceedings by the remedy of *quashing order except in the case of a *domestic
tribunal with purely contractual powers. See also ULTRA VIRES.

escape n. The common-law offence of escaping from lawful custody. The custody
may be in prison or a police station, or even in the open air. The escaper need not
have been charged with any offence, provided his detention is lawful (e.g.he may be
detained to provide a *specimen of breath). Nor is it necessary for him to commit
any act of breaking out. It is also an offence to help the escape of a prisoner and to
permit a prisoner who is detained in relation to a criminal matter to escape. If
someone actually breaks out of a building in which he is lawfully confined he
commits a separate offence of prison breaking.

escrow n. See DEED.

espionage n. See SPYING.

espousal of claim The action by which a state undertakes to gain redress of a
grievance on behalf of one of its subjects or citizens. See also EXHAUSTION OF LOCAL
REMEDIES.

essence of a contract See CONDITION.

estate n. 1. (in land law) The character and duration of a person's ownership of
land. For example, an estate in fee simple confers effectively absolute ownership; an
estate for a term of years (called leasehold) or for life are lesser estates. Under the
Law of Property Act 1925 only a *fee simple absolute in possession (called freehold)
and a *term of years absolute can exist as legal estates in land. All other forms of
ownership, e.g. an estate for life or an estate in fee simple coming into effect only
on someone's death, are equitable only. 2. (in revenue law) The aggregate of all the
property to which a person is beneficially entitled. Excluded property, which
includes most reversionary interests and certain foreign matters, is not taken into
account for the death charge (see INHERITANCE TAX).

estate agent A person who introduces prospective buyers and sellers of property
to each other. Such a person may be a member of a professional body but must, in
any event, under the Estate Agents Act 1979, take out insurance cover to protect
money received as deposits from clients. The Property Misdescription Act 1991
prohibits estate agents from making false or misleading statements about property
in the course of their business; making such statements is punishable by a fine of
up to .5000 or possibly by imprisonment. See also MISDESCRIPTION.

estate contract A contract in which the owner of land agrees to create or convey
a legal estate in the land; for example, he may contract to grant a lease or to sell or
he may grant a valid option to purchase. The contract confers on the purchaser an
equitable interest that is enforceable against third parties if registered See
REGISTRATION OF ENCUMBRANCES.

estate duty An obsolete tax formerly levied on the value of property passing on
death. See INHERITANCE TAX.

estate for years Ownership of land subsisting by reference to a period of time.
See TERM OF YEARS.

estate owner The owner of a *legal estate in land.

estate pur (or per) autre vie [from Norman French: autre vie,other life] An
interest in property for the lifetime of someone else. If A is given property for B's
life, A is the tenant pur autre vie and will hold the property during the lifetime of B
(the cestuique vie). If A dies before B, the persons entitled under A's will or on his
intestacy will take the interest for the remainder of B's life; if B dies before A, A's
interest thereupon terminates. The interest is a kind of *life interest and an estate
of freehold, i.e. it could be inherited; since 1925it has been an *equitable interest
only.

estate rentcharge See RENTCHARGE.

estate subsisting at law See LEGAL ESTATE.

estoppel n. [from Norman French estouper, to stop up] A rule of evidence or a rule
of law that prevents a person from denying the truth of a statement he has made or
from denying facts that he has alleged to exist, The denial must have been acted
upon (probably to his disadvantage) by the person who wishes to take advantage of
the estoppel or his position must have been altered as a result. There are several
varieties of estoppel. Estoppel by conduct (or in pais) arises when the party
estopped has made a statement or has led the other party to believe in a certain fact.
Estoppel by deed prevents a person who has executed a deed from saying that the
facts stated III the deed are not true. Estoppel by record (or per rem judicatam)
prevents a person from reopening questions that are *res judicata (i.e. that have been
determined against him in a previous legal proceeding). See also ISSUE ESTOPPEL.
Th~re are two forms of equitable estoppel - promissory and proprietary. The
doctrine of promissory estoppel applies when one party to a contract promises the
other (by words or conduct) that he will not enforce his rights under the contract in
:-vhole or in part. Provided that the other party has acted in reliance on that promise,
It WIll,though unsupported by consideration, bind the person making it: he will not
be allowed subsequently to sue on the contract. When applicable, the doctrine thus
modifies the common-law rules relating to *accord and satisfaction. Under the
d.octrine of proprietary estoppel, the courts can grant a discretionary remedy in
Circumstances where an owner of land has implicitly or explicitly led another to act
detrimentally in the belief that rights in or over land would be acquired. The
remedy may take the form of the grant of a *fee simple in the property at one
extreme or the grant of a short-term occupational *licence at the other.
estovers pl. n. The right to cut timber for certain purposes from land not in one's
own absolute ownership. The right arises in favour of a lessee or *tenant for life
under a settlement of the land and it can exist as a *profit aprendre. Estovers
compris.e the rig.ht .to take timber as: (1) house bote, for repairing a dwelling or for
use as firewood m it: (2)plough bote, for repairing farm implements; and (3) hay
~ote, for repairing fences. In each case the lessee or tenant may take only sufficient
timber for present needs and not for future requirements. Estovers as profits a
prendreare usually *appurtenant.

Estrada doctrine The doctrine that *recognition of a government should be
based on its de facto existence, rather than on its legitimacy. It is named after Don
Genero Estrada, the Mexican Secretary of Foreign Affairs who in 1930 ordered that
Mexican diplomats should issue no declarations that amounted to a grant of
recognition: he felt that this was an insulting practice and offended against the
sovereignty of other nations. In 1980 the UK, USA, and many other states adopted the
Estrada doctrine. Compare TOBAR DOCTRINE.

estreat [from Old French estrait] 1. n. an extract from a record relating to
*recognizances and fines. 2. vb. To forfeit a recognizance, especially one given by the
surety of someone admitted to bail, or to enforce a fine.

ET See EMPLOYMENT TRIBUNAL.

ethnic cleansing See ETHNIC MINORITY.

ethnic minority A group numerically inferior to the rest of the popu~ation of a
state whose members are nationals of that state and possess cult~ral, relIgIOus,.or
linguistic characteristics distinct from those of the total pop~latIOn ~d show, If
only implicitly, a sense of solidarity, directed tow~rds preservmg the~r own s~Clal
customs, religion, or language. The attempted extIrpatIOn of an ethmc mmonty by
the forces of the majority within a state (known as ethnic c1~ansing) c~n be
regarded as a crime against humanity (see WAR CRIMES) justifymg humanitarian
intervention.

ETSI See EUROPEAN TELECOMMUNICATIONS STANDARDS INSTITUTE.

EU See EUROPEAN UNION.

EU law See COMMUNITY LAW.

Euratom See EUROPEAN ATOMIC ENERGY COMMUNITY.

euro See EUROPEAN MONETARY UNION.

Euro Norm (EN) A European standard adopted by European standards bodies, such
as CEN(the European Standardization Commi~tee) and CENEL~C (the European
Electrotechnical Standardization Committee), in place of a national standard, such as
those produced in the UKby the British Standards Institution (BSI).

European Atomic Energy Community (Euratom) The organization set up
under the Treaty of Rome (1957) by the six members of the *European Coal and
Steel Community and effective from 1 January 1958. Eura~om was formed to create
the technical and industrial conditions necessary to establish the nuclear industries
and direct them to peaceful use to obtain a single energy market. See EUROPEAN
COMMUNITY.

European Bank for Reconstruction and Development (EBR.D) An
intergovernmental bank set up in 1990 to provide loans for mdustnal and .
commercial projects in the countries of central and eastern Eur?pe: Membership .
includes all the countries of the European Union and the Organization for Economic
Cooperation and Development, as well as the central and eastern European countries.
The EU provided 51% of the initial capital. The bank's headquarters are in London.

European Central Bank (ECB) A central bank of the *European Union to which
member states who have adopted *European Monetary Union (EMU) are committed
by the *Maastricht Treaty. The ECB was set up in 1998and became .actrve in 1999, as
the governor of economic and monetary policy throu?ho~t the Union. It works
closely with the central banks of the states parttcipatmg in EMU.

European Coal and Steel Community (ECSC) The first of the European
Communities, established by the *Paris Treaty (1951) and effective from 1952. The
ECSC created a common market in coal, steel, iron are, and scrap between the
member states, and it coordinates policies of the member states in these fields. The
original members were Belgium, France, West Germany, Italy, Luxembourg, and the
Netherlands. These six countries, in 1957, signed the *Treaty of Rome settmg up the
European Economic Community. See EUROPEAN COMMUNITY.

European Commission (commission of the E.uropeanCommunities) An .
organ of the European Union formed in 1967, having both executI.ve and legislative
functions. It is composed of 20 Commissioners, who must be nationals of member
states and are appointed by member states by mutual agreement (two
Commissioners each from the five largest member states - France, Germany, Italy,
Spain, and the UK; one each from the remaining members); their appointment must
be approved by the *European Parliament. Each Commissioner assumes
responsibility for a particular field of activity and oversees the department
(Directorate General) devoted to that field (see Appendix II). Once appointed, the
Commissioners must act in the interests of the EU; they are not to be regarded as
representatives of their countries and must not seek or take instructions from any
government or other body. Each Commissioner is appointed for a (renewable) fouryear
period. The Commission's executive functions include administration of
Community funds and ensuring that Community law is enforced (see EUROPEAN
COURT OF JUSTICE). Its legislative functions consist primarily of submitting proposals
for legislation to the *Council of the European Union, in some cases on the orders of
the Council and in others on its own initiative (see also EUROPEAN PARLIAMENT). It also
has legislative powers of its own, partly under the Treaty of Rome and partly by
virtue of delegation by the Council, but only on a limited range of subjects (see
COMMUNITY LEGISLATION).

European Community (EC) An economic and political association of European
states that originated as the European Economic Community (EEC). It was created
by the *Treaty of Rome in 1957with the broad object of furthering economic
development within the Community by the establishment of a Common Market
and the approximation of the economic policies of member states. Its more detailed
aims included eliminating customs duties internally and adopting a common
customs tariff externally, the following by member states of common policies on
agriculture and transport, promoting the free movement of labour and capital
between member states, and outlawing within the Community all practices leading
to the distortion of competition (see ARTICLE 81). Two of its institutions, the
*European Parliament and the *European Court of Justice, were shared with the
*European Coal and Steel Community (established in 1951) and the *European
Atomic Energy Community (Euratom; established in 1957); the separate executive
and legislative bodies of these three European Communities were merged in 1967
(see EUROPEAN COMMISSION; COUNCIL OF THE EUROPEAN UNION).
The *Single European Act 1986,given effect in the UKby the European
Communities (Amendment) Act 1986,contains provisions designed to make "concrete
progress" towards European unity, including measures to establish a *Single Market
for the free movement of goods, services, capital, and persons within the
Community: the Single Market came into operation on 1 January 1993. In February
1992 the member states signed the Treaty on European Union (see MAASTRICHT TREATY).
This amended the founding treaties of the Communities by establishing a
*European Union based upon the three Communities; renamed the EECthe
European Community; and introduced new policy areas with the aim of creating
closer economic, political, and monetary union between member states. The Treaty
came into force on 1 November 1993; it was amended by the *Amsterdam Treaty.
The original members of the ECwere Belgium, France, Germany, Italy,
Luxembourg, and the Netherlands. The UK, the Republic of Ireland, and Denmark
joined in 1972,Greece in 1981, and Spain and Portugal in 1986,and Austria, Sweden,
and Finland in 1995(in 1994 Norway voted by referendum not to join). The changes
in UKlaw necessary as a result of her joining were made by the European
Communities Act 1972.

European Community Treaty See TREATY OF ROME.

European company A proposed type of company to be incorporated under
European *Community law rather than under the national law of a member state.
European companies would be recognized by all member states and would facilitate
mergers between two or more limited companies each incorporated under the
national law of a member state.

European Convention on Human Rights A convention, originally formulated
in 1950,aimed at protecting the *human rights of all people in the member states
of the Council of Europe. Part 1 of the Convention, together with a number of
subsequent protocols, define the freedoms that each signatory state must guarantee
to all within its jurisdiction, although states may derogate from the Convention in
respect of particular activities (see DEROGATION). The Convention established a
Commission on Human Rights and a Court of Human Rights in Strasbourg. The
Commission may hear complaints (known as petitions) by one state against another.
It may also hear complaints by an individual, group, or nongovernmental
organization claiming to be a victim of a breach of the Convention, provided that
the state against which the complaint has been made declares that it recognizes the
authority of the Commission to receive such petitions. The Commission cannot deal
with any complaint, however, unless the applicant has first tried all possible
remedies in the national courts (in England he must usually first appeal to the
House of Lords). All complaints must be made not later than six months from the
date on which the final decision against the applicant was made in the national
courts. The Commission will only investigate a complaint if it is judged to fulfil
various conditions that make it admissible. If the Commission thinks there has. been
a breach of the Convention, it places itself at the disposal of the parties in an
attempt to achieve a friendly settlement. If this fails, the Commission sends a report
on the case to the Committee of Ministers of the Council of Europe. The case may
then be brought before the Court within three months by either the Commission or
one of the states concerned (an individual victim cannot take the matter to the
Court himself). No case can be brought before the Court, however, unless the state
against which the complaint is made has accepted the Court's jurisdiction. The Court
then has power to make a final ruling, which is binding on the parties, and in some
cases to award compensation. If the matter is not taken to the Court, a decision is
made instead by the Committee of Ministers.
The Convention has established a considerable body of jurisprudence. As of 2
October 2000 the Convention and its terms were transformed into English law as
the *Human Rights Act 1998.

European Convention on State Immunity An international convention of
1972 setting out when and how member states of the European Community (now
the European Union) may sue or be sued (by other states or by individuals). It is in
force only in those EU states that have signed up to the convention. See also
IMMUNITY.

European Council A body consisting of the heads of government of the member
states of the European Union. It is not a formal organ of the EU (compare COUNCIL OF
THE EUROPEAN UNION), but meets three times a year to consider major developments
of policy. It inspired, for example, the *European Monetary System.

European Court of Human Rights See EUROPEAN CONVENTION ON HUMAN RIGHTS.
European Court of Justice (ECJ. Court of Justice of the European
Communities) An institution of the European Union that has three primary
judicial responsibilities. It interprets the treaties establishing the European
Community; it decides upon the validity and the meaning of *Community
legislation; and it determines whether any act or omission by the European
Commission, the Council of the European Union, or any member state constitutes a
breach of *Community law.
The Court sits at Luxembourg. It consists of 15 judges appointed by the member
states by mutual ~greementandassisted by six *Advocates General. Proceedings
before the Cour~ involve wntten and oral submissions by the parties concerned.
Proceedings against the Commission or the Council may be brought by the other of
these two bodIes,.by any member state, or by individual persons; proceedings to
challenge the validity of legislative or other action by either Commission or Council
are known as proceedings for annulment. Proceedings against a member state may
be brought by the Commission, the Council, or any other member state. Appeals
from the *Court of FIrst Instance go to the ECl The decisions of the Court are
binding and there is no appeal against them.
The Court also has power, at the request of a court of any member state, to give a
prehmmary ruling on any point of Community law on which that court requires
clarification.

European Currency Unit See ECU.

European Economic Area (EEA) A free-trade area encompassing the 15 member
states of the *European Union and the member states (excluding Switzerland) of the
*~uropean Free Trade Association (EFTA), i.e. Norway, Iceland, and (from 1 May 1995)
Liechtenstein. The EEAAgreement, which contains many provisions similar to the
*Treaty of Rom~, was signed in 1992 and came into force on 1 January 1994.The EEA
has ItS own mstitutions, such as the EFTACourt of Justice and the EFTA
Surveillance Authority (ESA), and many of the EU *Single Market directives and
other legislative measures apply within it, although it does not have a budget.

European Economic Community See EUROPEAN COMMUNITY.

European Free Trade Association (EFTA) A trade association formed in 1960
between Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the UK.
Finland, Iceland, and Liechtenstein joined later. The UK,Denmark, Portugal, Austria,
Finland, and Sweden left on joining the *European Union (or its earlier
com:nunities). EFTAis a looser association than the EU, dealing only with trade
barners rather than generally coordinating economic policy. EFTAis governed by a
council in which each member has one vote; decisions must normally be unanimous
and are binding on all member countries. EFTAhas bilateral agreements with the
ED.All tanffs between EFTAand EU countries were abolished finally in 1984 and a
free-trade area now exists between EU and EFTAmember states (see EUROPEAN
ECONOMIC AREA).

European Monetary System (EMS) A financial system formed in March 1979 to
develop closer cooperation in monetary policy among members of the European
Commumty in advance of the liberalization of capital. It included the *Exchange
Rate Mechanism (ERM) to stabilize exchange rates between member states as a
precursor to *European Monetary Union. Directive 88/361 removed restrictions on
the movement of capital between people resident in the member states. Article 102A
of the Single European Act 1986 inserted a new Article (now called Article 98) into
the Treaty of Rome to refer to the EMS. The UK has been a party to the EMS since
Its inception and participated in the ERMfrom 1990 to 1992.

European Monetary Union (EMU) The establishment of a common currency for
member s~ates of the European Union. The *Maastricht Treaty specified three stages
for achieving EMU,startmg with participation in the *Exchange Rate Mechanism.
The second stage created the European Monetary Institute, which coordinated the
economic and monetary policy of member states. The third stage, achieved by
January 1999,locked member states into a fixed exchange rate, activated the
*European Central Bank, and introduced the single currency, the euro (divided into
100 cents), for all noncash transactions (national currencies continued in use for cash
transactions). In 2002 euro notes and coins came into circulation in those states
within the system (i.e. all member states except the UK, Denmark, and Sweden).
European Parliament An institution of the EU, formerly called the Assembly
of the European Communities. Members of the European Parliament (MEPs) are
drawn from member states of the EU but group themselves politically rather than
nationally. There are 732 seats of which the UK has 77. In the case of the UK, MEPs
are elected under the European Assembly Elections Act 1978 for constituencies
comprising two or more UK parliamentary constituen~ies. . .
The European Parliament's power and influence derive chiefly from Its power to
amend, and subsequently to adopt or reject, the EU's budget. The Parliament is
consulted by the *Council of the European Union on legislative proposals put to the
Council by the *European Commission; it gives opinions on these after debating .
reports from specialist committees, but these opinions are not binding. However, Its
powers in the legislative process were extended under the Single Eu~opea~ ~ct 1986
and the Maastricht Treaty by the introduction of the *cooperation, codecision. and
*assent procedures. The Parliament may also put questions to the Council and the
Commission and, by a motion of censure requiring a special majority, can force the
resignation of the whole Commission (but not of individual Commissioners). Under
the Maastricht Treaty it can now veto the appointment of a new Commission.
The European Parliament holds its sessions in Strasbourg, but its SecretariatGeneral
is in Luxembourg and its committees meet in Brussels. The elected
Parliament serves a term of five years, after which elections are held.

European Telecommunications Standards Institute (ETSI) The organization
that sets standards for the telecommunications industry throughout Europe.
Established in 1988, it is made up of representatives of the telecommunications
industry.

European Union (EU) The 25 nations (Austria, Belgium, Cyprus, the Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland,
Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal,
Slovakia, Slovenia, Spain, Sweden, and the UK) that have joined together to form an
economic community with common monetary, political, and social aspirations. !he
EU came into being on 1 November 1993 according to the terms of the *MaastrIcht
Treaty. It comprises the three European Communities (see EUROPEAN COMMUNITY),
extended by the adoption of a common foreign and security policy (CFSP), which
requires cooperation between member states in foreign policy and security, and
cooperation in justice and home affairs.

European Works Council (EWC) A council, set up by a special negotiating body,
consisting of both employee and management representatives established at
European level for the purpose of informing and consulting with employees. The
requirement to set up such councils originated from the European Works Council
Directive. The Directive was implemented by the UK through the Transnational
Information and Consultation of Employees Regulations 1999,which came into force
in January 2000. The Regulations apply to undertakings or groups with at least 1000
employees across member states and at least 150 employees in each of two or more
of those member states. The Regulations set out the procedures for negotiatmg an
EWC agreement, the enforcement mechanisms, provisions on confidentiality, and
statutory protections for employees who are members of such a group when
asserting their rights or performing duties under the Regulations. Disputes over
procedural matters in setting up an EWC are heard by the *Central Arbitration
Committee. Complaints of a failure to establish an EWe, or a failure to operate the
system properly once set up, are heard by the *Employment Appeal Tribunal.
Employment protection disputes with respect to individual employees go to an
*employment tribunal.

eurotort n. A directly effective rule of European Community law (see COMMUNITY
LEGISLATION), breach of which gives the person injured a remedy in British courts in
the form of an action in tort. See also COMMUNITY LAw.

eviction n. The removal of a tenant or any other occupier from occupation. Under
the Protection from Eviction Act 1977 the eviction of a *residential occupier, other
than by proceedings in the court, is a criminal offence. It is also an offence to harass
a residential occupier to try to persuade him to leave (see HARASSMENT OF OCCUPIER).
Note that it has recently been confirmed that if it is possible for a mortgagee to
recover possession peaceably, no court order is necessary. Many tenants have
statutory protection and the landlord must prove to a court that he has appropriate
grounds for possession. Under the Housing Act 1988 a tenant may claim damages for
unlawful eviction. See alsoAGRICULTURAL HOLDING; ASSURED SHORTHOLD TENANCY;
ASSURED TENANCY; BUSINESS TENANCY; LONG TENANCY; PROTECTED TENANCY; SECURE TENANCY;
RESTRICTED CONTRACT; TRESPASS.
The Protection from Harassment Act 1997 allows the court to impose a restraining
order against a tenant who is harassing a neighbour, which might require the
harasser to be evicted (see NUISANCE NEIGHBOURS).

evidence n. That which tends to prove the existence or nonexistence of some fact.
lt may consist of *testimony, *documentary evidence, *real evidence, and, when
admissible, *hearsay evidence. The law of evidence comprises all the rules governing
the presentation of facts and proof in proceedings before a court, including in
particular the rules governing the *admissibility of evidence and the *exclusionary
rules. See also CIRCUMSTANTIAL EVIDENCE; CONCLUSIVE EVIDENCE; DIRECT EVIDENCE; EXTRINSIC
EVIDENCE; PRIMARY EVIDENCE; SECONDARY EVIDENCE; VIDEO EVIDENCE.

evidenced in writing See UNENFORCEABLE CONTRACT.

evidence in rebuttal Evidence offered to counteract (rebut) other evidence in a
case. There are some restrictions on the admissibility of evidence in rebuttal, for
example if it relates to a collateral question, such as the *credit of a witness.

evidence obtained illegally Evidence obtained by some means contrary to law.
At common law, if evidence was obtained illegally (e.g. as a result of a search of
premises without a search warrant), it was not inadmissible but the court might
exclude it as a matter of discretion. The Police and Criminal Evidence Act 1984
provides that the court may refuse to allow evidence on which the prosecution
proposes to rely if the admission of the evidence would have such an adverse effect
on the fairness of the proceedings that the court ought not to admit it. The
*Human Rights Act 1998 and the cases now being decided under its provisions have
left the previous law in some doubt. See also CONFESSION.

evidence of character See CHARACTER.

evidence of disposition See DISPOSITION.

evidence of identity That which tends to prove the identity of a person. A
person's identity may be proved by *direct evidence (even though it may involve an
expression of *opinion) or by *circumstantial evidence. *Secondary evidence of an
out-of-court identification by a witness (e.g. that he picked the accused out of an
identification parade) may also be given to confirm the witness's testimony. In
criminal cases, if the evidence of identity is wholly or mainly based on visual
identification the jury must be specially warned of the danger of accepting the
evidence; any *corroboration must be pointed out to them by the judge. In criminal
cases this issue must be dealt with under the detailed provisions of the appropriate
Code of Practice under the Police and Criminal Evidence Act 1984. Failure to follow
this procedure and its accompanying safeguards will render the evidence of identity
inadmissible. See also DNA FINGERPRINTING.

evidence of opinion See OPINION EVIDENCE.

evidence of user Evidence of the manner in which the parties to a contract have
acted. In a limited number of circumstances, evidence of user is admissible to assist
the court in resolving a dispute between the parties as to their precise obligations. It
may, for example, help to clarify an ambiguity in the wording of the contract or an
allegation that written terms have been varied by oral agreement.

EWe See EUROPEAN WORKS COUNCIL.

ex aequo et bono [Latin] As a result of fair dealing and good conscience, i.e. on
the basis of *equity. The phrase refers to the way in which an international tribunal
can base its decision not upon conventional law but on what is just and fair to the
parties before it. Article 38(2) of the Statute of the International Court of Justice
specifically authorizes settlement of disputes based upon ex aequo et bonoshould
both parties give their consent, although the Court has not yet given any judgment
on this basis.

examination n. The questioning of a witness on oath or affirmation. In court, a
witness is subject to *examination-in-chief, *cross-examination, and *reexamination.
In some circumstances a witness may be examined prior to the court
hearing (see COMMISSION).

examination-in-chief (direct examination) The questioning of a witness by the
party who called him to give evidence. *Leading questions may not be asked, except
on matters that are introductory to the witness's evidence or are not in dispute or
(with permission of the judge) when the witness is *hostile. The purpose of
examination-in-chief is to elicit facts favourable to the case of the party conducting
the examination. It is followed by a *cross-examination by the opposing party.

examined copy See ABSTRACT OF TITLE.

examining justices Justices of the peace sitting upon a preliminary inquiry into
whether or not there is sufficient evidence to commit an accused person from the
magistrates' court to the Crown Court for trial on indictment.

excepted perils Risks expressly excluded from the cover given by an insurance
policy.

exchange of contracts The point at which a purchaser of land exchanges a copy
of the sale contract signed by him for an identical copy signed by the vendor. At
that point the contract becomes legally binding on both parties and the purchaser
acquires an *equitable interest in the land.

exchange of medical reports The exchange of medical reports in personal
injury actions in the hope that they can be agreed before the hearing of the case,
thus saving time and expense. The exchange of reports that are intended to be
relied on at the hearing is compulsory, unless the court's permission not to disclose
is obtained. The court also has power to order disclosure of medical reports by
persons not party to the proceedings, such as a hospital authority.

Exchange Rate Mechanism (ERM) A component of the *European Monetary
System under which the central banks of participating countries could not allow
their currencies to fluctuate more than a certain percentage above (the ceiling rate)
or below (minimum rate) a central rate, which was set in *ECUs. The system was
intended as a precursor to full *European Monetary Union (EMU). The ERMlinked
currencies with the aim of ensuring their stability. From 1999, states wishing to
participate join ERMII, which is based on the euro and supervised by the *European
Central Bank.

Exchequer n. The department within Government that receives and controls the
national revenue. See CHANCELLOR OF THE EXCHEQUER; COURT OF EXCHEQUER.

excise duty A charge or toll payable on certain goods produced and consumed
within the UK.Payments for licences, e.g. for the sale of spirits, are also classed as
excise duty. Compare CUSTOMS DUTY.

exclusion and restriction of contractual liability See EXEMPTION CLAUSE.

exclusion and restriction of negligence liability The Unfair Contract Terms
Act 1977 provides that a person cannot exclude or restrict his *business liability for
death or injury resulting from negligence. Nor can he exclude or restrict his
liability for other loss or damage arising from negligence, unless any contract term
or notice by which he seeks to do so satisfies the requirement of reasonableness (as
defined in detail in the Act). For the purposes of this provision, negligence means
the breach of any contractual or common-law duty to take reasonable care or
exercise reasonable skill or of the *common duty of care imposed by the Occupiers'
Liability Acts 1957 and 1984. There are similar provisions in relation to consumer
contracts in the Unfair Terms in Consumer Contracts Regulations 1999.

exclusionary rules Rules in the law of evidence prohibiting the proof of certain
facts or the proof of facts in particular ways. Although all irrelevant evidence must
be excluded, the rules are usually restricted to relevant evidence, e.g. the rule
against *hearsay evidence. Exclusionary rules may be justified in various ways; for
example, by the desirability of excluding material that is of little evidentiary weight
or may be unfairly prejudicial to an accused person.

exclusion order An order of the Secretary of State under the Prevention of
Terrorism (Temporary Provisions) Act 1989 (now repealed) excluding a named person
from Great Britain, Northern Ireland, or the UK in order to prevent terrorist acts
aimed at influencing policy or opinion concerning Northern Ireland. See also
TERRORISM.

exclusion requirement A requirement in an *emergency protection order or an
interim care order that a person who is suspected of having abused a child is
excluded from the child's home. A *power of arrest may be attached to the order.

exclusive economic zone (EEZ) A zone defined by Articles 55-75 of the UN
Convention on the Law of the Sea as comprising that area of sea adjacent to a
coastal state not exceeding 200 miles from the *baseline of the territorial sea. The
state shall have sovereign rights over the zone for the purpose of exploring and
exploiting, conserving, and managing the living and nonliving resources of the sea,
seabed, and subsoil within it. See alsoHIGH SEAS; LAW OF THE SEA; TERRITORIAL WATERS.

exclusive jurisdiction 1. That part of the jurisdiction of the *Court of Chancery
that belonged to the Chancery alone. The jurisdiction ceased after the Judicature
Acts 1873-75, but the matters under exclusive jurisdiction (e.g. trusts, administration
of estates) are now dealt with in the Chancery Division. Compare CONCURRENT
JURISDICTION. 2. A clause in a commercial agreement providing that only the English,
Scottish, or other courts will be entitled to determine disputes between the parties.
Normally agreements provide that the parties agree to submit to either the
exclusive or the nonexclusive jurisdiction of particular courts. If no such clause is
included, international conventions, such as the Brussels and Lugano conventions,
determine which courts have jurisdiction. EU regulation 44/2001 contains provisions
in this area applicable from January 2001. In particular, customers are given a right
to bring proceedings in their home state.

excusable homicide The killing of a human being that results in no criminal
liability, either because it took place in lawful *self-defence or by misadventure (an
accident not involving gross negligence).

ex debito justitiae [Latin] As a matter of right. The phrase is applied to remedies
that the court is bound to give when they are claimed, as distinct from those that it
has discretion to grant.

executed adj. Completed. A contract that has been carried out by both parties is
said to have been executed, and *consideration that has been actually given for a
contract is described as executed consideration. See also EXECUTED TRUST. Compare
EXECUTORY.

executed trust (completely constituted trust, perfect trust) A trust that is
complete and enforceable by the beneficiaries without further acts by the settlor.
Compare EXECUTORY TRUST.

execution n. 1. The process of carrying out a sentence of death imposed by a
court. See also CAPITAL PUNISHMENT. 2. The enforcement of the rights of a judgment
creditor (see also ENFORCEMENT OF JUDGMENT). The term is often used to mean the
recovery of a debt only, especially by seizure of goods belonging to the debtor under
a writ of *fieri facias or a warrant of execution. In the case of property not subject
to ordinary forms of execution, e.g. an interest under a trust, judgment is enforced
by means of *equitable execution. 3. The completion of the formalities necessary
for a written document to become legally valid. In the case of a *deed, for example,
this comprises the signing and delivery of the document. See alsoEXECUTION OF WILL.

execution of will The process by which a testator's will is made legally valid.
Under the Wills Act 1837 the will must be signed at the end by the testator or by
someone authorized by him, and the signature must be made or acknowledged (see
ACKNOWLEDGMENT) by the testator in the presence of at least two witnesses, present
at the same time, who must themselves sign the will or acknowledge their
signatures in the testator's presence. A will witnessed by a beneficiary or the
beneficiary's spouse is not void, but the gift to that beneficiary or spouse is void.

executive agency An independent agency, operating under a chief executive,
that is responsible for delivering a service according to the policy of a central
government department. Examples are the Benefits Agency and the Passport
Agency. The intention is that central government should become purely policymaking,
the services it is responsible for being delivered by executive agencies.

executor n. A person appointed by a will to administer the testator's estate. A
deceased person's property is vested in his executors, who are empowered to deal
with it as directed by the will from the time of the testator's death. They must,
however, usually obtain a grant of *probate from the court in order to prove the
will and their right to deal with the estate. Appointment as an executor confers
only the power to deal with the deceased's property in accordance with his will, and
not beneficial ownership, although an executor may also be a beneficiary under the
will. Compare ADMINISTRATOR.

executor de son tort [French: by his own wrongdoing] A person who deals
(intermeddles) with a deceased person's assets without the authority of the rightful
personal representatives or of the court. He is answerable to the rightful personal
representatives and to the creditors of the estate for any acts done without such
authority and for any assets of the estate that come into his hands.

executor's year The period of a year, starting from the death of the deceased,
within which nobody can compel his personal representatives to distribute the
estate, even if the testator has directed payment of a legacy before the expiry of
that period (Administration of Estates Act 1925).

executory adj. Remaining to be done. A contract that has yet to be carried out is
said to be an executory contract, and *consideration that has still to be given for a
contract is described as executory consideration. See also EXECUTORY INTEREST;
EXECUTORY TRUST. Compare EXECUTED.

executory interest (mainly historical) An interest in property that arises or
passes to a particular person on the occurrence of a specified event. For example,
when property is settled in trust "for A, but for B if he marries Mary", then B has
an executory interest. Under the Law of Property Act 1925 executory interests in
land can only exist as equitable interests. Compare REMAINDER; REVERSION.

executory trust (imperfect trust, incompletely constituted trust) A trust that
is incomplete, i.e. one that the beneficiaries are unable to enforce until some further
act is done by the settlor or a third party. Compare EXECUTED TRUST.

exemplary damages (punitive damages, vindictive damages) Damages given
to punish the defendant rather than (or as well as) to compensate the claimant for
harm done. Such damages are exceptional in tort, since the general rule is that
damages are given only to compensate for loss caused. They can be awarded in some
tort actions: (1) when expressly authorized by statute; (2) to punish oppressive,
arbitrary, or unconstitutional acts by government servants; (3)when the defendant
has deliberately calculated that the profits to be made out of committing a tort (e.g.
by publishing a defamatory book) may exceed the damages at risk. In such cases,
exemplary damages are given to prove that "tort does not pay". Exemplary damages
cannot be given for breach of contract.

exemption clause A term in a contract purporting to exclude or restrict the
liability of one of the parties in specified circumstances. The courts do not regard
exemption clauses with favour. If such a clause is ambiguous, they will interpret it
narrowly rather than widely. If an exclusion or restriction is not recited in a formal
contract but is specified or referred to in an informal document, such as a ticket or
a notice displayed in a hotel, it will not even be treated as a term of the contract
(unless reasonable steps were taken to bring it to the notice of the person affected
at the time of contracting). The Unfair Contract Terms Act 1977 and Unfair Terms in
Consumer Contracts Regulations 1999 contain complex provisions limiting the
extent to which a person can exclude or restrict his *business liability towards
consumers. In addition, the 1977 Act subjects certain types of exemption clause to a
test of reasonableness, even in a business-to-business transaction. The Office of Fair
Trading runs an unfair terms unit to monitor such clauses and enforce the 1999
Regulations. Other statutes forbidding the exclusion or restriction of particular
forms of liability are the Defective Premises Act 1972,the Consumer Protection Act
1987, and the Road Traffic Act 1988. See alsoEXCLUSION AND RESTRICTION OF NEGLIGENCE
LIABILITY; INTERNATIONAL SUPPLY CONTRACT.

exempt supply A supply that is outside the scope of *value-added tax. Examples
include sales of land, the supply of certain financial and insurance services, and the
services performed in the course of employment. See also ZERO-RATED SUPPLY.

exequatur n. A certificate issued by a host state that admits and accords
recognition to the official status of a *consul, authorizing him to carry out consular
functions in that country. The sending state grants the consular official a
commission or patent, which authorizes the consul to represent his state's interests
within the host state.

ex gratia [Latin] Done as a matter of favour. An ex gratia payment is one not
required to be made by a legal duty.

exhaustion of local remedies The rule of customary international law that
when an *alien has been wronged, all municipal remedies available to the injured
party in the host country must have been pursued before the alien appeals to his
own government to intervene on his behalf. This is a customary precondition to any
*espousal of claim by a state on behalf of a national based upon foreign soil.

exhaustion of rights A free-trade principle which holds that, once goods are put
on the market, owners of *intellectual property rights in those goods, who made
the goods or allowed others to do so under their rights, may not use national
intellectual property rights to prevent an import or export of the goods. Within the
EU these rules derive from Articles 28-30 (formerly 30-36) of the Treaty of Rome.
See alsoFREE MOVEMENT.

exhibit 1. n. A physical object or document produced in a court, shown to a
witness who is giving evidence, or referred to in an *affidavit. Exhibits are marked
with an identifying number, and in jury trials the jury is normally permitted to
take exhibits with them when they retire to consider their verdict. Physical objects
produced for the inspection of the court (e.g. a murder weapon) are referred to as
*real evidence. 2. vb. To refer to an object or document in an *affidavit.

ex nudo pacto non oritur actio See CONSIDERATION.

ex officio [Latini By virtue of holding an office. Thus, the Lord Chief Justice is ex
officio a member of the Court of Appeal.

ex officio information A criminal information laid by the Attorney General on
behalf of the Crown. It was abolished in 1967. See LAYlNG AN INFORMATION.

ex officio magistrate A magistrate by virtue of holding some other office,
usually that of mayor of a city or borough. Most ex officio magistrateships were
abolished by the Justices of the Peace Act 1968 and the Administration of Justice Act
1973, but High Court judges are justices of the peace ex officio for the whole of
England and Wales and the Lord Mayor and aldermen are justices ex OfficiOfor the
City of London.

ex parte [Latin] 1. On the part of one side only. Since the introduction of the
*Civil Procedure Rules in 1999, this phrase is no longer used in civil proceedings,
having been replaced by without notice. See WITHOUT NOTICE APPLICATION. 2. On
behalf of. This term is used in the headings of law reports together with the name
of the person making the application to the court in the case in question.

expatriation n. A person's voluntary action of living outside his native country,
either permanently or during his employment abroad, whereby he renounces or
loses allegiance to his former state of nationality. Compare DEPORTATION.

expectant heir A person who has an interest in remainder or in reversion in
property or a chance of succeeding to it (interest in expectancy). An unconscionable
contract with an expectant heir (e.g.in which he sells his inheritance at an
undervalue in order to raise cash) may be set aside by the court.

expert opinion See OPINION EVIDENCE.

Expiring Laws Continuance Acts Statutes formerly passed annually to
continue in force for a further year a number of miscellaneous Acts that were
originally stated to remain in force for one year only. The renewal of temporary
statutes is now effected individually.

explosive n. Any substance made in order to achieve an explosion that causes
damage or destruction or intended to be used in that way by a person who possesses
it. If someone committing *burglary has an explosive with him, he is guilty of
aggravated burglary, punishable with a maximum of life imprisonment. The
Explosive Substances Act 1883 creates special offences of (1) causing an explosion
that is likely to endanger life or cause serious damage to property (even if no harm
or damage is actually done); (2) attempting to cause such an explosion; and (3)
making or possessing an explosive with the intention of using it to endanger life or
to seriously damage property. Under the Offences Against the Person Act 1861, it is
an offence to injure anyone by means of an explosion, to send or deliver an
explosive to anyone, or to place an explosive near a building, ship, or boat with the
intention of causing physical injury. These crimes cover most acts of *terrorism.

export bans *Anticompetitive practices that have the effect of banning the resale
of products from one EU territory in another state of the ED. Export bans have long
been held to infringe the competition rules in *Article 81 of the Treaty of Rome;
they can lead the European Commission to levy fines of up to 10% of annual
worldwide group turnover. Examples of practices that infringe the rules include
clauses in contracts banning exports; an export ban in a written contract will be
void when Article 81 applies. However, when the *vertical agreements regulation
2790/99 applies it is permitted to restrict an exclusive distributor from actively
soliciting sales outside its territory. It is not permissible to prevent a distributor
from advertising on a website as this is regarded as 'passive' rather than 'active'
selling. In addition, practices that have the effect of bolstering or imposing an
export ban are forbidden, including buying up all *parallel imports, marking
products solely for the purposes of tracing them to stop parallel importation, and
sending faxes to, or otherwise putting pressure on, dealers not to engage in parallel
importation.

ex post facto [Latin: by a subsequent act] Describing any legal act, such as a
statute, that has retrospective effect.

expressio unius est exe/usio alterius See INTERPRETATION OF STATUTES.

express term A provision of a contract, agreed to by the parties, that is either
written or spoken. Such a provision may be classified as a *condition, a *warranty,
or an *innominate term. Compare IMPLIED TERM.

express trust A trust created expressly by the settlor, i.e. by stating directly his
intention to create a trust. There is no need for formal words provided that the
intention to create a trust is clear from the documents or from the oral statements
of the settlor, but most express trusts are contained in documents that have been
professionally drafted. Compare IMPLIED TRUST.

expropriation n. The taking by the state of private property for public purposes,
normally without compensation (compare COMPULSORY PURCHASE, which carries with it
a right to compensation). The right to expropriate is known in some legal systems as
the right of eminent domain. In the UK, expropriation requires statutory authority
except in time of war or apprehended war (see ROYAL PREROGATIVE).

ex proprio motu (ex mero motu) [Latin: of his own motion] Describing acts that
a court may perform on its own initiative and without any application by the
parties.

expulsion n. The termination by a state of an alien's legal entry and right to
remain. This is often based upon the ground that the alien is considered undesirable
or a threat to the state. Compare DEPORTATION.

extended sentence A sentence longer than the maximum prescribed for a
particular offence, which was formerly imposed on persistent offenders under
certain circumstances. The power to impose extended sentences was abolished by
the Criminal Justice Act 1991.

extinguishment n. The cessation or cancellation of some right or interest. For
example, an *easement is extinguished if the dominant and servient tenements
come into the same ownership. Mere *non-user of an easement, however, will not
cause it to be extinguished unless an intention to abandon it can be shown.

extortion n. A common-law offence committed by a public officer who uses his
position to take money or any other benefit that is not due to him. If he obtains the
benefit by means of menaces, this may also amount to blackmail

extradition n. The surrender by one state to another of a person accused of
committing an offence in the latter. Extradition from the UK relates to surrender
to foreign states (compare FUGITIVE OFFENDER) and is governed by the Extradition Act
1989.There must be an *extradition treaty between the UKand the state requiring
the surrender. The offence alleged must be a crime in the UKas well as in the
requesting state, it must be both covered by the treaty and within the list of
extraditable offences contained in the Act itself, and it must not be of a political
character. See also DOUBLE CRIMINALITY.

extradition treaty A treaty under the terms of which a state agrees to deport a
fugitive criminal (or suspect) to the state where the offence was committed or to
the fugitive's state of nationality (see EXTRADITION). In the latter case the crime in
question must be one that is a breach of the municipal law of the national
committed outside the territorial boundaries of the state of which he is a citizen.
Extradition treaties are bilateral in character and there is a lack of uniformity in
their provisions and in their interpretation. However, they invariably contain the
following three features: (1) the state that has custody will not surrender the
fugitive unless prima facie evidence of his guilt is submitted to them; (2)no political
offenders will be surrendered; (3)no surrender will be made unless adequate
assurances are given that the accused will not on that occasion be tried for any
offence other than the crime for which he is surrendered.

extrajudicial divorce A divorce granted outside a court of law by a nonjudicial
process (such as a *ghet or a *talaq). An extrajudicial divorce will not be recognized
in the UK if it takes place in the UK,Channel Islands, or Isle of Man. See also
OVERSEAS DIVORCE.

extraordinary general meeting Any meeting of company members other than
the *annual general meeting (see also GENERAL MEETING). Except when the meeting is
for the passing of a *special resolution, 14 days' written notice must be given (7 days
suffices in the case of an unlimited company). Only *special business can be
transacted. Such a meeting can be convened by the directors at their discretion or
by company members who either hold not less than 10%of the paid-up voting
shares (see CALL) or, in companies without a share capital (see LIMITED COMPANY;
UNLIMITED COMPANY), represent not less than 10% of the voting rights.

extraordinary resolution A decision reached by a majority of not less than 75%
of company members voting in person or by proxy at a general meeting. It is
appropriate in situations specified by the Companies Act 1985, e.g. *voluntary
winding-up. At least 14 days' notice must be given of the intention to propose an
extraordinary resolution; if the resolution is to be proposed at the annual general
meeting, 21 days' notice is required.

extraterritoriality n. A theory in international law explaining *diplomatic
immunity on the basis that the premises of a foreign mission form a part of the
territory of the sending state. This theory is not accepted in English law (thus a
divorce granted in a foreign embassy in England is not obtained outside the British
Isles for purposes of the Recognition of Divorces Act 1971). Diplomatic immunity is
based either on the theory that the diplomatic mission personifies - and is entitled
to the immunities of - the sending state or on the practical necessity of such
immunity for the functioning of diplomacy.

extrinsic evidence Evidence of matters not referred to in a document offered in
evidence to explain, vary, or contradict its meaning. Its admissibility is governed by
the *parol evidence rule.

ex turpi causa non oritur actio [Latin: no action can be based on a disreputable
cause] The principle that the courts may refuse to enforce a claim arising out of the
claimant's own illegal or immoral conduct or transactions. Hence parties who have
knowingly entered into an *illegal contract may not be able to enforce it and a
person injured by a fellow-criminal while they are jointly committing a serious
crime may not be able to sue for damages for the injury.