these as including hares, pheasants, partridges, grouse, heath or moor game, black
game, and bustards. The right to game belongs basically to the occupier, although in
leases it is frequently reserved to the landlord rather than the tenant. See also
POACHING.
gaming (gambling) n. Playing a game in order to win money or anything else of
value, when winning depends on luck. There are various restrictions upon gaming,
dependmg on whether It takes place in controlled (i.e. licensed or registered) or
uncontrolled premises. If the premises are uncontrolled, it is illegal to playa game
that involves playing against a bank or a game in which each player does not have
an equal chance or the chance of winning is weighted in favour of someone other
than the players (e.g. a promoter or organizer), unless the game takes place in a
private house in the course of ordinary family life. Thus one cannot play roulette
with a zero in uncontrolled premises, but one may play such games as bridge, whist,
poker, or cribbage. It is also illegal (subject to one or two exceptions) to game when
a charge is made for the gaming or a levy is charged on the winnings. Gaming in
any street or any place to which the public has access is illegal, except for dominoes,
cribbage, or any game specially authorized in a pub (provided the participants are
over 18). If the premises are controlled (either by the grant of a licence or by
registration as a gammg club), the restrictions applying to uncontrolled premises
apply unless they have been permitted by regulation. Thus casino-type games may
be played on controlled premises for commercial profit if permission has been
obtained, but only by members of licensed or registered clubs and their guests.
There are also restrictions relating to playing on Sundays, and no one under 18 may
be present when gaming takes place. It is illegal to use, sell, or maintain gaming
machines without a certificate or licence.
gaming contract A contract involving the playing of a game of chance by any
number of people for money or money's worth. A wagering contract is one
involvi.ng two parties only, each of whom stands to win or lose something of value
accordmg to the result of some future event (e.g.a horse race) or to which of them
is correct about some past or present fact; neither party can have any interest in the
contract except his stake. In general, gaming and wagering contracts are by statute
null and void and no action can be brought to recover any money paid or won under
them.
garden leave clause A clause in an employment contract that provides for a
long period of notice by the employer, during which the employee will be
remunerated in full but will not be required to attend at the workplace. The use of
such clauses is increasing by employers wishing to safeguard trade secrets or, more
Importantly, prevent a highly skilled employee from leaving to undertake work for
a rival firm. An employee wishing to leave, or one who has been head-hunted, could
be required to serve 'garden leave' for a period of up to one year in order to
lawfully terminate his existing contract. Throughout the period of garden leave an
employee will be subject to all the normal contractual restraints. Management sees
the use of such clauses as an expensive, but reliable and enforceable, alternative to
traditional *restraint of trade clauses. Moreover, these clauses may be enforced by
way of injunction without encountering the difficulties that arise with respect to
restraint of trade clauses, which are notoriously difficult to draft and enforce.
garnishee n. A person who has been warned by a court to pay a debt to a third
party rather than to his creditor. See GARNISHEE PROCEEDINGS.
garnishee proceedings A procedure by which a judgment creditor may obtain a
court order against a third party who owes money to, or holds money on behalf of,
the judgment debtor. The order requires the third party to pay the money (or part
of it) to the judgment creditor. For example, if the judgment debtor has .1000 in a
bank account and judgment has been entered against him for .500, the court may
order the bank to pay .500 direct to the judgment creditor.
GATT See GENERAL AGREEMENT ON TARIFFS AND TRADE.
gazumping n. The withdrawal by a vendor from a proposed sale of land in the
expectation of receiving a higher price elsewhere after agreeing the price with a
purchaser but before a legally binding contract has been made (see EXCHANGE OF
CONTRACTS). The first prospective purchaser has no legal right either to compel the
vendor to sell to him or to recover his wasted expenditure (such as surveyor's and
solicitor's charges) unless an agreement, such as a <lock-out agreement, has been
signed.
GBH See GRIEVOUS BODILY HARM.
gender reassignment A physiological and ultimately surgical procedure, under
medical supervision, for the purpose of changing a person's sexual characteristics.
The process is undertaken by *transsexuals (estimated to number some 5000 in the
UK). Initially discrimination in the workplace with respect to a person's sexual
orientation or transsexualism was outside the ambit of the Sex Discrimination Act
1975 (see SEX DISCRIMINATION). The definition of sex within that Act referred to
discrimination on grounds of biological gender and hence covered discrimination
only between men and women. As a result of a series of test cases taken before both
the European Court of Justice and the European Court of Human Rights, the UKSex
Discrimination Act must now be construed to include both sexual orientation and
transsexualism within its definition. However with respect to transsexualism, as
gender reassignment is an ongoing process, it was necessary to introduce supporting
regulations, to clarify the protections to be given at the workplace to a transsexual
undergoing this process. The Sex Discrimination (Gender Reassignment) Regulations
1999 bring UK law into line with the decision of the European Court of Justice in P v
S and Cornwall CountyCouncil 1996, the case in which discrimination on grounds of
gender reassignment was ruled to be contrary to European Community law.
The Regulations provide protection against discrimination by employers at all
stages of the reassignment process, starting when an individual indicates an
intention to begin reassignment. The Regulations also cover recruitment procedures,
vocational training, and discrimination with respect to pay (see EQUAL PAY). The Sex
Discrimination Act as amended by the Regulations outlaws direct discrimination and
provides for employees who are absent from work to undergo treatment to be
treated no less favourably than they would be if the absence was due to sickness or
personal injury. The protection is extended to postoperative treatment on a
transsexual's return to work. A defence to a claim of unlawful treatment is also
provided in relation to the employment in question, if being a man or woman is a
genuine occupational qualification for the job. This could arise, for example, if an
employee recruited to a sex-specific post begins the gender reassignment process, or
if the job involves the holder of the post to perform intimate physical body
searches, or if the nature or location of the establishment makes it impracticable for
the holder of the job to live elsewhere than on the premises provided by the
employer and the issue of decency and privacy must be taken into consideration.
~he Depart.ment for W~rk and Pensions (formerly Employment) has produced a
guide to the implementarion of these Regulations. It offers further assistance to
employers on such issues as: whether or not an employee should be redeployed
following treatment, the amount of time off necessary for surgical procedures, and
the expected point or phase of change of name and personal details and the required
amendments to records and systems. Further assistance given relates to
confidentiality issues: informing line managers, colleagues, and clients. The guide
also of~ers advice on agreeing a procedure between the employee and employer
r~gardmg a c?a~ging in dress code and agreeing when individuals will start using
smgle-sex facilities at the workplace in their new gender.
general act See TREATY.
general agent See AGENT.
General Agreemen.t on Tariffs and Trade (GATT) An international treaty
signed in 1947 to provide for some measure of world free trade with the aim of
reducing high tariffs on goods. Its objectives in extending free trade have been
achieved in a series of eight negotiations (rounds); the last of these, the Uruguay
Round (1986-94), led to the establishment of the *World Trade Organization and
further agreement to ensure more free trade around the world.
general and special damages A classification of *damages awarded for a tort
or a breach of contract, the meaning of which varies according to the context.
1. General damages are given for losses that the law will presume are the natural
an? probable consequence of a wrong. Thus it is assumed that a libel is likely to
injure the reputation of the person libelled, and damages can be recovered without
proof that the claimant's reputation has in fact suffered. Special damages are given
for losses that are not presumed but have been specifically proved. 2. General
damages may also mean damages given for a loss that is incapable of precise
estimation, such as *pain and suffering or loss of reputation. In this context special
damages are damages given for losses that can be quantified, such as out-of-pocket
expenses or earnings lost during the period between the injury and the hearing of
the action.
General Assembly (of the UN) See UNITED NATIONS.
general average See AVERAGE.
General Council of the Bar of England and Wales See BAR COUNCIL.
general defences Common-law defences to any common-law or statutory crimes:
WIth one exception (*insanity), these defences relate to *involuntary conduct. A
defendant should be acquitted when the magistrates or jury have a reasonable doubt
as to whether he was entitled to a general defence. By contrast, special defences
are confined to individual offences, are usually of statutory origin, and usually place
a *burden of proof on the defendant to show that he acted reasonably. See also
AUTOMATISM; IMPOSSIBILITY; MISTAKE; SELF-DEFENCE.
general equitable charge A class of *land charge, registrable under the Land
Charges Act (see REGISTRATION OF ENCUMBRANCES), that affects a *legal estate in land
but neither arises under a trust nor is secured by deposit of the title deeds.
general improvement area A predominantly residential area in which a
housing authority considers that it should improve or help to improve living
conditions by improving dwellings or amenities (or both). See also HOUSING ACTION
AREA; PRIORITY NEIGHBOURHOOD.
general issue A plea in which every allegation in the opposite party's pleading is
denied. In civil proceedings it is no longer permitted. Instead, each allegation must
be specifically admitted or denied. In criminal cases the defendant pleads the
general issue by pleading *not guilty and cannot generally be required to disclose
the nature of his defence until his own case is presented (but see ALIBI).
general legacy See LEGACY.
general lien See LIEN.
general meeting A meeting of company members whose decisions can bind the
company. Certain reserved powers, specified by the Companies Act, can only be
exercised by a general meeting. These include alteration of the memorandum and
articles of association, removal of a director before his term of office has expired,
*alteration of share capital, the appointing of an auditor other than upon a casual
vacancy, and putting the company into voluntary winding-up. Powers may also be
reserved by the articles of association of a particular company. Powers other than
reserved powers are usually delegated in the articles to the directors. The general
meeting can overrule the directors' decision in relation to these delegated powers by
*special resolution, but this will not affect the validity of acts already done; it could
also, while exercising reserved powers, dismiss the directors or alter the articles and
thus the delegation. General meetings are either *annual general meetings or
*extraordinary general meetings. Unless the articles of association provide or the
court orders otherwise, at least two company members must be present personally.
general participation clause A clause in the *Hague Conventions of 1899and
1907.The clause, concerning the conduct of hostilities, stipulates that the
Conventions shall be binding upon the belligerents only so long as all belligerents
are parties to the Convention. The effect of this clause was to significantly weaken
the effectiveness of the Hague Convention rules.
general power See POWER OF APPOINTMENT.
general power of investment A power, introduced by the Trustee Act 2000,
that allows a trustee to make any kind of investment that he could make if he were
absolutely entitled to the assets of the trust fund. Previously, trustees were only
permitted to make certain *authorized investments. This much wider general power
of investment may be expressly excluded in the trust instrument. There are still
some restrictions on investments in land. In exercising the general power of
investment, the trustees are required by the Act to consider criteria relating to the
suitability of the proposed investment to the trust and the need for diversification
of investment within the unique circumstances of the trust. Trustees are also
required by the Act to review the investments from time to time with the same
standard criteria in mind. Before investing, the trustee must obtain and consider
proper advice, unless he reasonably considers it unnecessary or inappropriate to do
so.
general principles of law According to the Statute of the *International Court
of Justice, the source for rules of international law can be found in what it terms
"General Principles of Law". The majority of Western jurists consider that these
principles should be based on those underlying the municipal legal systems of
civilized states, especially those of Europe and the USA. These jurists also consider
the general principles to be a law-creating source that is independent of either
treaties or custom. Due to their possible bias towards certain Western capitalist
countries, these propositions have proved highly contentious in the Third World and
Socialist countries, which have endeavoured to limit the scope of the principles.
general safety requirement A standard of safety that consumer goods must
meet in order to comply with the Consumer Protection Act 1987and the General
Product Safety Regulations 1994.The goods are required to be reasonably safe having
regard to all the circumstances, e.g. the way the goods are marketed, including any
instructions or warnings about their use; their compliance with published safety
standards for goods of that kind; and whether reasonable steps could be taken to
make them safer. Suppliers of consumer goods who fail to meet the safety
requirement commit an offence.
general verdict 1. (in a civil case) A *verdict that is entirely in favour of one or
other party. 2. (in a criminal case) A verdict either of *guilty or *not guilty.
Compare SPECIAL VERDICT.
general warrant A warrant for arrest that does not name or describe the person
to be arrested, or a search warrant that does not specify the premises to be searched
or the property sought. Such warrants are usually illegal, although they may
sometimes be expressly authorized by statute (see POWER OF SEARCH). Someone
arrested under an illegal general warrant can claim damages for *false
imprisonment. Sometimes, however, Parliament grants a general power of arrest
while searching premises with a search warrant, e.g. under the Betting, Gaming and
Lotteries Act 1963.
general words Words in a *conveyance describing rights and benefits that are
incidental to the land (such as easements and profits aprendre) and that are
conveyed with it. Under the Law of Property Act 1925 such words are no longer
necessary, since a conveyance of land is deemed to include all such ancillary rights
unless a contrary intention is expressed in the document.
genetic fingerprinting See DNA FINGERPRINTING.
Geneva Conventions A series of international conventions on the laws of war,
the first of which was formulated in Geneva in 1864. The 1864 and 1906 Conventions
protect sick and wounded soldiers; the Geneva Protocol of 1925 prohibits the use of
gas and bacteriological warfare; the three Conventions of 1929 and the four
Conventions of 1949 protect sick and wounded soldiers, sailors, and prisoners of war,
and the 1949 Conventions protect, in addition, certain groups of civilians. The First
Protocol of 1977supplements the 1949 Conventions, extending protection to wider
groups of civilians, regulating the law of bombing, and enlarging the category of
wars subject to the 1949 Conventions (to include, for example, civil wars). The 1949
Conventions are accepted by many states and are generally considered to embody
customary international law that relates to war. See also HAGUE CONVENTIONS; MARTENS
CLAUSE.
genocide n. Conduct aimed at the destruction of a national, ethnic, racial, or
religious group. Genocide, as defined in the United Nations Convention on the
Prevention and Punishment of the Crime of Genocide 1948, includes not only killing
members of the group, but also causing them serious physical or psychological
harm, imposing conditions of life that are intended to destroy them physically or
measures intended to prevent childbirth, or forcibly transferring children of the
group to another group, if these acts are carried out with the intention of
destroying the group as a whole or in part. Destruction of a cultural or political
group does not amount to genocide. The Genocide Convention 1948 declares that
genocide is an international crime; the parties to the Convention undertake to
punish not only acts of genocide committed within their jurisdiction but ~lso
complicity in genocide and conspiracy, incitement, and attempts to commit
genocide. The Convention has been enacted into English law by ~he.GenoClde Act
1969. It is generally considered that the Convention embodies principles of
customary international law that bind all nations, including those that are not
parties to the Convention. See also WAR CRIMES; HUMANITARIAN INTERVENTION.
ghet n. A Jewish religious divorce, executed by the husband d.elivering a bill. of .
divorce (which must be handwritten according to specific detailed rules) to hIS WIfe
in the presence of two witnesses. In theory a ghet does not require a court
procedure, but in practice it is usually executed through a court because of the
many complexities of the relevant religious law. See also EXTRAJUDICIAL DIVORCE.
gift n. A gratuitous transfer or grant of property. A legally valid gift must
normally be effected by deed, by physical delivery in the case of chattels, or by
*donatiomortis causa; the donor must intend ownership to pass as a gift. However,
an imperfect gift (i.e.one for which the legal formalities have not been observed)
may be treated as valid in equity in certain circumstances (see, for example,
(PROPRIETARY) ESTOPPEL). A gift by will takes effect only on the death of the testator.
gift aid A system for individuals and companies to d~nate mon~y to c~arities and
for the charities to recover the tax paid on these donations (thus mcreasmg the
value of the donation by 28% in 2001~02). The taxpayer must make a gift aid
declaration to the charity, stating that the payment is to be treated as gift aid. This
system was first introduced in 1990,but tax relief was subject to the donation being
of a minimum value, most recently .250. From April 2000, the system was extended
to gifts of any value, including regular and one-off payments. ~t replaces the *deed
of covenant in favour of charities from that date, although existing covenants
remain valid.
gift over A provision in a will or other settlement enab.ling an interestin
property to come into existence on the termination or failure of a prior mterest.
gipsy (gypsy) n. A person of a nomadic way of life with no fixed abode. Formerly,
local authorities had a duty to provide sites for gipsies resortmg to their areas. (The
strict definition of gipsy as a member of the Romany race did not apply for this
purpose, but the term did not include travelling showm~n or New Ag~ travellers.)
Under the Criminal Justice and Public Order Act 1994 this duty IS abolished,
although local authorities may provide sites if they wish. See alsoTRESPASS;
UNAUTHORIZED CAMPING.
glue sniffing See INTOXICATION.
going public The process of forming a *public company or of reregistering a
*private company as a public company.
golden handshake A payment, usually very large, made to a director or other
senior executive who is forced to retire before the expiry of an employment
contract (e.g.because of a takeover or merger) as compensation for loss of office. It
is made when a contract does not allow payment in lieu of notice. The first .30,000
is often tax-free.
golden hello A lump-sum payment to entice an employee of senior level to join a
new employer. Whether or not the payment is tax-free depends on the nature of the
payment.
golden rule See INTERPRETATION OF STATUTES; INTERPRETATION OF WILLS.
golden share See SHARE.
good behaviour A term used in an order by a magistrate or by a Crown Court
upon sentencing. The person named in the order should "be of good behaviour"
towards another person (the complainant). The court may order that the person
named enter into a *recognizance, and if he does not comply with the order he may
be imprisoned for up to six months. The procedure may be used against anyone who
has been brought before the court if there is a fear that he may cause a breach of
the peace or if he is the subject of a complaint by someone (which need not be based
on the commission of a criminal offence).
good consideration See CONSIDERATION.
good faith Honesty. An act carried out in good faith is one carried out honestly.
Good faith is implied by law into certain contracts, such as those relating to
commercial agency. See alsoUBERRIMAE FIDEI
.
good leasehold title A form of title to registered leasehold land (see LAND
REGISTRATION) that is equivalent to absolute leasehold title (see ABSOLUTE TITLE) except
that the landlord's right to grant the lease is not guaranteed. Good leasehold title
usually occurs when the lease appears valid on the face of it but the documents
proving the landlord's title, or any superior lessor's title, have not been registered at
the Land Registry.
good offices A technique of peaceful settlement of an international dispute, in
which a third party, acting with the consent of the disputing states, serves as a
friendly intermediary in an effort to persuade them to negotiate between
themselves without necessarily offering the disputing states substantive suggestions
towards achieving a settlement. See also CONCILIATION; MEDIATION.
goods pl. n. Personal chattels or items of property. Land is excluded, and the
statutory definition in the Sale of Goods Act 1979 also excludes *choses in action and
money. It includes *emblements and things attached to or forming part of land that
are agreed to be severed before sale or under a contract of sale.
goodwill n. The advantage arising from the reputation and trade connections of a
business, in particular the likelihood that existing customers will continue to
patronize it. Goodwill is a substantial item to be taken into account on the sale of a
business; it may need to be protected by prohibiting the vendor from setting up in
the same business for a stated period in competition with the business he has sold.
government circulars Documents circulated by government departments on
behalf of ministers, setting out principles and practices for the exercise of
ministerial powers delegated to others. These may provide mere administrative
guidelines or they may be intended to have legislative effect (i.e.as *delegated
legislation), in which case any purported exercise of the delegated powers is invalid
unless it complies with them. See ULTRA VIRES.
government department An organ of central government responsible for a
particular sphere of public administration (e.g.the Treasury). It is staffed by
permanent civil servants and is normally headed by a minister who is politically
responsible for its activities and is assisted by one or more junior ministers, usually
responsible for particular aspects of departmental policy.
government-in-exile n. A government established outside its territorial
jurisdiction. Following the German defeat of Poland in 1939, the Polish government
transferred its operations to London and thereby became a government-in-exile.
Grand Committees, Scottish and Welsh Committees of the House of
Commons involved with matters relating to Scotland and Wales, respectively. The
former consists of the 72 members representing Scottish constituencies and 10-15
other members. A Bill certified by the Speaker as relating exclusively to Scotland
may by standing orders of the House be referred to the Committee for its second
reading, and the Committee also debates other purely Scottish matters. The Welsh
Grand Committee, which consists of the 38 members representing Welsh
constituencies and up to 5 others, is purely deliberative. It considers matters relating
exclusively to Wales but is not empowered to undertake second readings.
grant n. 1. The creation or transfer of the ownership of property (e.g. an estate or
interest in land) by written instrument; for example, the grant of a lease. See also LIE
IN GRANT. 2. A *grant of representation. 3. The allocation of money, powers, etc., by
Parliament or the Crown for a specific purpose.
grant of representation Authority granted by the court to named individuals
or to a *trust corporation to administer the estate of a deceased person. The grant is
of *probate when the will is proved by the executors named in it or of *letters of
administration when the deceased died intestate, the deceased's will did not appoint
executors, or the executors named do not prove the will.
grants in aid Central government grants towards local authority expenditure,
comprising specific grants for particular services (e.g.the police) and rate support
grants to augment income generally.
grave hardship (in divorce proceedings) If a divorce petition is based on a fiveyear
separation, the respondent may oppose the grant of the *decree nisi on the
ground that the dissolution of the marriage will result in grave financial or other
hardship and that it would be wrong in all the circumstances to dissolve the
marriage. Such applications rarely succeed. See also DIVORCE.
Gray's Inn One of the four *Inns of Court, situated in Holborn. The earliest claims
for its existence are c. 1320.
Greater London A local government area consisting of the 32 London boroughs
(12 inner, and 20 outer), the *City of London, and the Inner and Middle Temples. A
Greater London Council was established by the Local Government Act 1972but
abolished by the Local Government Act 1985 with effect from 1 April 1986. London
borough councils, which are unitary (single-tier) authorities, are elected every fourth
year, counting from 1982 (see alsoLOCAL AUTHORITY). In 1998 Londoners voted in favour
of government proposals to elect a *Mayor of London and a *London Assembly to
operate from 2000; the Great London Authority Act 1999 enacted these proposals (see
also GREATER LONDON AUTHORITY). The City of London is distinct in both constitution
and functions. The Temples have limited independent functions (e.g. public health),
but are administered in many respects by the City's Common Council.
Greater London Authority A body created by the Greater London Authority Act
1999 and consisting of the *Mayor of London and the *London Assembly. Its
principal purposes are to promote economic development and wealth creation, social
development, and the improvement of the environment in Greater London. The
*London Development Agency was created to further the first of these aims.
green form Under the Legal Aid Act 1988,the form upon which an application for
legal advice and/or legal assistance could be made by those within the financial
limits on eligibility. Persons receiving certain specified social security allowances
automatically qualified for green form advice. The name referred to the colour of
the application form used. As from 1 April 2000, the *legal aid scheme was replaced
by differing levels of legal service provided by the *Community Legal Service, under
which the service offered by the green form scheme is most broadly covered by the
level of service entitled legal help.
green paper See COMMAND PAPERS.
grievous bodily harm (GBH) Serious physical injury. Under the Offences Against
the Person Act 1861 there are several offences involving grievous bodily harm. It is
an offence, punishable by up to five years' imprisonment, to inflict (by direct acts)
grievous bodily harm upon anyone with the intention of harming them (even only
slightly); if the intention was merely to frighten the victim the defendant is guilty
of *assault and *battery. It is an offence, punishable by a maximum sentence of life
imprisonment, to cause grievous bodily harm to anyone with the intention of
seriously injuring them or of resisting or preventing lawful arrest. "Causing" in this
offence includes indirect acts, such as pulling a chair away from a person so that he
falls and breaks his arm. If a person intends to cause grievous bodily harm but his
victim actually dies, he is guilty of murder, even though he did not intend to kill
him. Causing grievous bodily harm may also be an element in some other offence,
e.g. *burglary. The courts have said that judges should not attempt to define
grievous bodily harm for the jury, but should leave it to them, in every case, to
decide whether the harm caused was really serious. See alsoWOUNDING WITH INTENT.
gross See IN GROSS.
gross indecency A sexual act that is more than ordinary *indecency but falls
short of actual intercourse. It may include masturbation and indecent physical
contact, or even indecent behaviour without any physical contact. It is an offence
for a man to commit an act of gross indecency with another man unless both
parties are over 18, consent to the act, and it is carried out in private. This is
punishable by up to two years' imprisonment or, if one of the parties is under 18, by
up to five years' imprisonment. It is also an offence to cause or arrange for a man to
commit an act of gross indecency with another man, even if the act is carried out in
private and between consenting adults. It is an offence, punishable by up to two
years' imprisonment, to commit an act of gross indecency with or towards a child
(of either sex) under the age of 14 or to incite a child to commit such an act.
gross negligence A high degree of *negligence, manifested in behaviour
substantially worse than that of the average reasonable man. Causing someone's
death through gross negligence could be regarded as *manslaughter if the accused
appreciated the risk he was taking and intended to avoid it, but showed an
unacceptable degree of negligence in avoiding it.
ground rent A rent reserved by a long lease of land. For example when a house or
flat is sold on a lease for 99 years, the lessor may reserve a small annual rent payable
throughout the term as well as the capital price payable on the grant of the lease. In
essence, a ground rent ignores the value of the buildings on the land. *Building
leases are sometimes granted in return for a ground rent rather than a capital sum.
group accounts *Accounts required by law to be prepared by a registered
company that has a *subsidiary company. Group accounts deal with the financial
position of the company and its subsidiaries collectively.
group action A procedure in which a large number of claims arising out of the
same event, or against the same defendant, are dealt with together (e.g.proceedings
by the victims of a plane crash for damages for personal injury). The court exercises
more direct control over the *interim (interlocutory) proceedings in such cases than
is normal. Compare REPRESENTATIVE ACTION.
guarantee n. 1. A secondary agreement in which a person (the guarantor) is liable
for the debt or default of another (the principal debtor), who is the party primarily
liable for the debt. A guarantee requires an independent *consideration and must be
evidenced in writing. A guarantor who has paid out on his guarantee has a right to
be indemnified by the principal debtor. Compare INDEMNITY. 2. See WARRANTY.
guarantee company See LIMITED COMPANY.
guarantee payment Under the Employment Rights Act 1996,the sum that an
employer must pay to an employee for whom he is unable to provide work during
the whole of any working day or shift. However, an employee is not entitled to a
guarantee payment if he is laid off because of industrial action affecting his own or
an associated employer, if he unreasonably refuses other suitable work, or if he fails
to comply with the employer's reasonable requirements for ensuring that he is
available for work if and when needed. Generally, employees only become entitled to
a guarantee payment after four weeks' *continuous employment in the business;
one employed for a specific task that is not expected to last more than 12 weeks and
one having a fixed-term employment contract of a year or less do not qualify at all.
The payment is limited to the employee's basic wage for the relevant shift, subject
to a maximum prescribed by regulations made by the Secretary of State for Work
and Pensions and reviewed annually. An employee is not entitled to more than five
guarantee payments in any period of three months. The statutory payment is offset
by any amount payable to the employee under his employment contract while he is
laid off. An employee may complain to an employment tribunal if his employer fails
to pay him any sum due as a guarantee payment, and the tribunal can order the
employer to pay the sum due.
guard dog A dog kept specifically for the purpose of protecting people, property,
or someone who is guarding people or property. Under the Guard Dogs Act 1975it is
a summary offence punishable by fine to use a guard dog, or to allow its use, unless
either it is secured and cannot roam the premises freely or a handler is controlling
it. The Act does not, however, affect civil liability for injuries or damage caused by
the dog, which depends on the law of tort (see CLASSIFICATION OF ANIMALS). In some
cases the owner may be criminally liable for injury caused by a guard dog; for
example, if it kills someone, the owner may be guilty of manslaughter by gross
negligence or of constructive *manslaughter. See alsoDANGEROUS ANIMALS.
guardian n. One who is formally appointed to look after a child's interests when
the parents of the child do not have *parental responsibility for him or have died.
Appointment can be made either by the courts during *family proceedings, if it is
considered necessary for the child's welfare, or privately by any parent with
parental responsibility. Under the Children Act 1989a private appointment does not
have to be by deed or will but merely made in writing, dated, and signed by the
person making it. A guardian automatically assumes parental responsibility for the
child.
guardian ad litem See CHILDREN'S GUARDIAN.
guardianship order An order, made under the Mental Health Act 1983,placing a
person over the age of 16 who has been convicted of an offence and who is suffering
from any of certain types of mental illness under the guardianship of a local social
services authority or an approved person. It has been proposed by the Law
Commission that it should no longer be possible to appoint an individual as
guardian.
guillotine n. A House of Commons procedure for speeding up the passing of
legislation: a means whereby government can control the parliamentary timetable
and limit debate. The number of days allowed for a Bill's Committee and Report
stages is limited by an allocation-of-time order moved by the government; the total
time available is then allotted between particular portions of the Bill.When the
time limit for any portion is reached, debate on it ceases and all outstanding votes
are taken forthwith. Compare CLOSURE.
guilty ad). 1. An admission in court by an accused person that he has committed
the offence with which he is charged. If there is more than one charge he may plead
guilty to some and *not guilty to others. 2. A *verdict finding that the accused has
committed the offence with which he was charged or some other offence of which
he can be convicted on the basis of the evidence in the case. See also CONVICTION.
guilty knowledge The knowledge of facts or circumstances required for a
person to have *mens rea for a particular crime. Knowledge is usually actual
knowledge, but when a person deliberately ignores facts that are obvious, he is
sometimes considered to have "constructive" knowledge.
guilty mind See MENS REA.
gunboat diplomacy The settling of disputes with weaker states by the threat of
*use of force. The phrase derives from the Victorian colonial empire, in which
gunboats and other naval vessels were often utilized in order to coerce local rulers
to accept the terms and trade of British merchants.
gypsy n. See GIPSY.
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