ignorance of the law See MISTAKE.
ignorantia juris non excusat [Latin] Ignorance of the law is no excuse, i.e. no
defence against criminal or other proceedings arising from its breach. The Statutory
Instruments Act 1946 modifies the rule slightly (see STATUTORY INSTRUMENT). See also
MISTAKE.
ignoring traffic signals Failing to comply with traffic signs, traffic lights, or
road markings. A number of different offences are included in this category, all
concerned with breaches of the rules relating to traffic signals as laid down in the
Highway Code. All these offences are subject to a fine, *endorsement (carrying 3
penalty points under the *totting-up system), and *disqualification at the discretion
of the court. Sometimes charges may also be brought under the head of *careless
and inconsiderate driving or *dangerous driving, depending on the circumstances. It
is also an offence not to comply with road directions given by a uniformed police
officer acting in the course of his duties or engaged in a traffic census or survey.
Prosecutions for ignoring traffic signals or police directions are subject to a
*notice of intended prosecution.
Ile See INTERNATIONAL LAW COMMISSION.
illegal contract A contract that is prohibited by statute (e.g.one between traders
providing for minimum resale prices) or is illegal at common law on the g:-ounds of
*public policy. An illegal contract is totally void, but neither party (unless mnocent
of the illegality) can recover back any money paid or property transferred under It
(see EX TURPI CAUSA NON ORITUR ACTIO). Related transactions may also be affected. A
related transaction between the same parties (e.g. if X gives Y a promissory note for
money due from him under an illegal contract) is equally tainted with the illegality
and is therefore void. The same is true of a related transaction with a third party
(e.g. if Z lends X the money to pay Y)if the original illegality is known to him. In
certain circumstances, illegal contracts may be saved by *severance.
illegal practices See CORRUPT AND ILLEGAL PRACTICES.
illegal trust A trust that contravenes statute, morality, or public policy. Such a
trust is void and of no effect.
illegitimacy n. The status of a child born out of wedlock. Although evidence of
illegitimacy is readily available from the entry in the birth register relating to the
child's parents, it is usual for a short form of birth certificate to be issued, which .
makes no mention of the parents. Entry in the register of the name of a man who IS
not married to the mother (which may only be done with the consent of the
mother) is evidence of his paternity.
The effect of the Family Law Reform Act 1987is that, for nearly all purposes,
children are to be treated alike, whether or not their parents are married to one
another. The parents of illegitimate children have much the same rights, duties, and
responsibilities in relation to them as they have for their legitimate children. The
father of an illegitimate child is under a duty to maintain the child in the same way
as his duty to maintain legitimate children (see CHILD SUPPORT MAINTENANCE), but does
not automatically have *parental responsibility for that child. Illegitimate children
are able to inherit property under wills (unless the contrary intention is apparent)
and on intestacy in the same way as if they were legitimate. However, the Family
Law Reform Act 1987did not remove all distinctions between legitimate and
illegitimate children, notably in relation to entitlement to British citizenship and
succession to the throne of England and to titles of honour.
It is now becoming more usual to use the term "child of unmarried parents" for
children born out of wedlock, rather than "illegitimate child".
illusory appointment The giving of property under a *power of appointment
that confers little or no benefit to one or more objects of the power. Before 19thcentury
legislation such appointments were void; they are now valid.
illusory trust A conveyance by a debtor to a trustee on trust for his creditors,
which in some cases may be revoked. This is contrary to the normal rule that an
*executed trust is irrevocable.
immigration n. The act of entering a country other than one's native country
with the intention of living there permanently. Immigration into the UK is subject
to control under the Immigration Acts 1971 and 1988,as amended by the
Immigration and Nationality Act 1999. This control extends to all potential entrants
except those to whom the Act gives the right of abode in the UKand except
citizens of the Republic of Ireland. Nationals of other member states of the EU will
also be exempted from control as from a date to be set by the Secretary of State. As
originally enacted, the Act gave the right of abode to all citizens of the UKand
Colonies who either owed their status to their own (or a parent's or grandparent's)
birth, registration, or naturalization in the UK or were or became at any time
settled in the UKand had at that time been ordinarily resident there for at least
five years. Commonwealth citizens had the right of abode if one of their parents
was a citizen of the UK and Colonies by reason of birth in the UK. A person having
the right of abode was termed a patrial. As from 1 January 1983 the Act was
amended by the British Nationality Act 1981 to confine the right of abode to British
citizens as defined by that Act (see BRITISH CITIZENSHIP) and to *commonwealth
citizens enjoying it before the Act came into force; the term patrial was discarded.
With minor exceptions, a person subject to immigration control may not enter or
remain in the UK except with leave, which may be granted either indefinitely or for
a limited period; if leave is granted for a limited period, an immigrant is subject to
further conditions (e.g. conditions restricting employment). The 1971 Act itself gave
indefinite leave to stay to those not entitled to the right of abode but who were
lawfully settled in the UKwhen it came into force. Whether or not leave is needed,
whether it should be granted, and whether a time limit and any other conditions
should be imposed are decided initially by immigration officers acting in accordance
with immigration rules made by the Secretary of State. Appeals against the decisions
of immigration officers are made to adjudicators at the ports of entry, and thence
to the Immigration Appeal Tribunal.
Under the Immigration (Carriers' Liability) Act 1987,the owners of ships and
aircraft are liable to pay a penalty of .1000 in respect of any person who arrives in
the UKon their ship or aircraft and who seeks leave to enter the UKwithout proper
documents (e.g. passport or visa). Under the Asylum and Immigration Act 1996,from
27 January 1997it has been a criminal offence for an employer to employ anyone
subject to immigration control. Breach of this Act leads to fines of up to .5000.
Employers must ask new employees taken on or re-employed after that date for
evidence of residential status, such as national insurance documents and EU
passports; this request must be made in a nondiscriminatory way, which does not
breach racial discrimination legislation.
Immigration Appeal Tribunal A tribunal appointed by the Lord Chancellor,
under the Immigration Act 1971, to hear appeals against immigration and
deportation decisions. It has a legally qualified chairman and is subject to the
supervision of the *Council on Tribunals.
immoral contract A contract based on sexual immorality, such as a contract of
prostitution. Such contracts are *illegal contracts on the grounds that they
contravene *public policy.
immovables pl. n. Tangible things that cannot be physically moved, particularly
land and buildings.
immunity n. Freedom or exemption from legal proceedings. Examples include the
immunity of the sovereign personally from all legal proceedings (see ROYAL
PREROGATIVE); the immunity of members of the House of Commons and the House of
Lords from proceedings in respect of words spoken in debate (see PARLIAMENTARY
PRIVILEGE); *judicial immunity; and the immunity from the jurisdiction of national
courts enjoyed by members of diplomatic missions and by foreign sovereigns (see
DIPLOMATIC IMMUNITY; SOVEREIGN IMMUNITY).
imparlance n. Permission given to a defendant to delay his answer to the
claimant's claim, to enable him to attempt to settle the claim amicably.
impeachable waste *Waste that results in liability on the part of the person
who commits it. Thus when a tenant commits impeachable waste his landlord may
sue him for damages or obtain an injunction to prevent him committing any
further waste.
impeding apprehension or prosecution Giving assistance to a person one
knows to be guilty of an *arrestable offence with the intention of preventing or
delaying his arrest or prosecution (e.g. providing a hiding place or destroying
evidence). There are also special offences of (1) agreeing not to disclose information
that might help to convict or prosecute a criminal (see COMPOUNDING AN OFFENCE),
(2) refusing to aid a police officer when asked to help stop a breach of the peace,
(3) *obstructing a police officer, and (4) *wasting police time by giving them
misleading information. See also ESCAPE.
imperfect gift See GIFT.
imperfect trust See EXECUTORY TRUST.
impersonation n. Pretending to be another person. It is an offence to
impersonate a woman's husband in order to persuade her to have sexual intercourse
(rape), to impersonate the holder of a Crown office in order to gain access to
prohibited places, and to impersonate a police officer, a variety of public officials, a
voter, or a juror. Obtaining property, services, or certain financial advantages
through impersonation may amount to a crime of *deception.
implementation n. The process of bringing any piece of legislation into force. EU
directives, which are not directly applicable (see COMMUNITY LEGISLATION), are
implemented at national level by member states by Act of Parliament or regulation.
In the UK this may be done by statute or by statutory instrument or regulation.
implied condition A term or obligation implied by law in a contract, any breach
of which will entitle the innocent party not only to damages but to treat the
contract as discharged (see CONDITION). In a contract of sale of goods there are
implied conditions that the seller has the right to sell the goods, that the goods will
correspond with the contract description, and, in the case of sales in the course of
business, that the goods are of *satisfactory quality and fit for the buyer's declared
purpose.
implied contract A contract not created by express words but inferred by the
courts either from the conduct of the parties or from some special relationship
existing between them.
implied malice *Mens rea that the law considers sufficient for a crime, although
there is no intention to commit that crime. The term is usually now used only in
relation to murder, referring to the intention to cause *grievous bodily harm (see
MALICE AFORETHOUGHT).
implied term A provision of a contract not agreed to by the parties in words but
either regarded by the courts as necessary to give effect to their presumed
intentions or introduced into the contract by statute (as in the case of contracts for
the sale of goods; see CAVEAT EMPTOR). An implied term may constitute either a
*condition of the contract or a warranty; if it is introduced by statute it often
cannot be expressly excluded. Compare EXPRESS TERM.
implied trust A trust that arises either from the presumed but unexpressed
intention of the settlor or by operation of law. Equity imposes an obligation to
create such trusts by inference from the facts, including the conduct or relationship
of the parties. An implied trust may be subdivided into or overlap with *resulting
trusts and *constructive trusts.
implied use See RESULTING USE.
impossibility n. A *general defence that arises when compliance with the
criminal law is physically impossible. This is most likely to arise in the context of
crimes of omission. Thus one cannot be found guilty of failing to report a road
traffic accident of which one was unaware. However, under the Criminal Attempts
Act 1981 one may be convicted of attempting the impossible (see ATTEMPT).
impossibility of performance The impossibility of carrying out a contract,
which occurs, for example, when it relates to subject matter that does not exist. The
event making fulfilment impossible may arise either before or after the contract is
made. In the former case (e.g.if X agrees to sell Y a horse that, unknown to either, is
already dead) the contract is void for *mistake. In the latter case (e.g. if the horse
dies between contract and performance) the contract will be discharged under the
doctrine of *frustration of contract.
impotence n. The inability of either partner to have normal sexual intercourse (see
alsoCONSUMMATION OF A MARRIAGE). In the case of a married couple this is sometimes
called canonical disability (i.e. a disability recognized by canon law, including that
of the Roman Catholic Church, as a ground for annulment of the marriage). If the
impotence is permanent and incurable, the marriage is voidable and either party
may apply for a nullity decree. Impotence must be distinguished from *wilful
refusal to consummate.
imprisonment n. See CUSTODY; SENTENCE; FALSE IMPRISONMENT; LIFE IMPRISONMENT.
improvement n. (of rented premises) An addition or alteration that improves the
premises from the tenant's point of view; it does not necessarily have to increase the
value of the premises. In the case of a lease that contains an obligation by the tenant
to obtain the landlord's consent before making improvements, the landlord cannot
withhold his consent unreasonably. He can, however, claim from the tenant any
expense or loss he suffers as a result and he can require the tenant, at the end of
the tenancy, to put the premises back into the condition they were in before the
improvement was carried out. When rented dwellings lack certain basic amenities,
such as a bath, the local authority can require the landlord to provide these
amenities and carry out other repairs and improvements after service of an
*improvement notice. In the case of business tenancies and agricultural holdings,
the tenant can claim compensation for improvements.
improvement notice 1. A local-authority notice requiring a person to provide a
dwelling under his control with certain standard amenities (e.g. a bath). If he fails to
do this the authority may do so at his expense. 2. A notice requiring any person
responsible for a breach of the Health and Safety at Work Act 1974(or associated
legislation) to take steps to remedy the breach or prevent its repetition. Compare
PROHIBITION NOTICE.
imputability n. The principle that internationally illegal acts or omissions
contributing to the damage to foreign property, and caused in some way by organs
of the state apparatus, are attributable to the state and therefore incur that state's
responsibility. Thus, there must have been state participation in the act before there
can be *state responsibility for it.
imputation n. An allegation of misconduct or bad character made by an accused
against the prosecutor or one of his witnesses. When this occurs the accused may
(under the Criminal Evidence Act 1898), with *leave of the court, be cross-examined
about his own *previous convictions and bad character. Under the Criminal Justice
and Public Order Act 1994allegations made against the character of a deceased
victim may lead to cross-examination of the accused as to his character.
imputation of unchastity A statement imputing unchastity or adultery to a
woman or girl, which is defamatory and actionable whether or not it has caused
actual financial or material loss. See SLANDER; DEFAMATION.
imputation of unfitness or incompetence A statement calculated to
disparage someone in his office, profession, calling, trade, or business, which is
defamatory and actionable whether or not it has caused actual financial or material
loss. See SLANDER; DEFAMATION.
imputation system Formerly, a system of taxation applying to the payment of
*corporation tax on the distributed profits of a company. In this system, which
came into force in the UK in April 1973, that part of the tax paid by the company as
*advance corporation tax (ACT) was imputed to the shareholders and their dividends
are franked (see FRANKED INCOME) accordingly. ACTwas abolished in April 1999.
imputed notice An *agent's knowledge of facts that the law presumes the
person employing him (the *principal) to have, irrespective of his actual knowledge
of those facts. A purchaser of land has imputed notice of all matters relating to the
purchase of which his agent (e.g.a solicitor) has (or ought reasonably to have)
knowledge. See also ACTUAL NOTICE; CONSTRUCTIVE NOTICE: NOTICE.
inadmissible reason (in employment law) A reason for dismissing an employee
that is based on his membership or participation in the activities of an
*independent trade union or his refusal to become or remain a member of a union.
Dismissal for an inadmissible reason is always treated as *unfair dismissal, and the
employee may apply to an *employment tribunal regardless of his age and length of
continuous employment. See also COMPENSATION.
inalienability n. See RULE AGAINST INALIENABILITY.
in camera [Latin: in the chamber] In private. A court hearing must usually be
public but the public may be barred from the court or the hearing may continue in
the judge's private room in certain circumstances; for example, when it is necessary
for public safety or when a child gives evidence in a case involving indecency.
incapacity (incompetence) n. A lack of full legal competence in any respect; for
example, the incapacity of mentally disordered persons to conclude valid contracts
(see CAPACITY TO CONTRACT). A person suffering from incapacity is frequently referred
to as a person under disability.
incapacity benefit A state benefit that replaced invalidity benefit and sickness
benefit in April 1995. It is paid at three basic rates, the two highest of which are
taken into account as taxable income. Short-term incapacity benefit is payable at the
lower rate for the first 28 weeks of incapacity and at the higher rate for the
29th-52nd weeks. Long-term benefit is payable, at the highest rate, after 52 weeks.
Those claiming the benefit must complete a questionnaire about the activities they
can engage in; after 28 weeks they must undergo a medical test to assess their
capacity for work-related activities as well as submitting a questionnaire. Doctors
must certify in all cases the material supplied.
incest n. Sexual intercourse between a man and his mother, daughter, sister, halfsister,
or granddaughter or between a woman over the age of 16 and her father, son,
brother, half-brother, or grandfather. Even if both parties consent, incest is a
criminal offence if the parties know of their relationship. It is punishable by up to
seven years' imprisonment (or, with a girl under the age of 13, by a maximum
sentence of life imprisonment), but no prosecution may be brought without the
consent of the Director of Public Prosecutions. The relationships listed above include
illegitimate relationships. It is a statutory offence for a man to incite a girl under
the age of 16 to have incestuous intercourse with him, but being under 16, she
would not be guilty of any crime if intercourse took place.
Inchmaree clause A clause frequently inserted in marine insurance policies to
provide cover for a variety of risks that are not covered as *perils of the seas. It
provides protection against such events as accidents in loading or discharging cargo
or taking on fuel, bursting of boilers, breakage of shafts, and explosions on board
ship or elsewhere. It also provides cover for negligence of the ship's master, officers,
or crew.
inchoate adj. Incomplete. Certain acts, although not constituting a complete
offence, are nonetheless prohibited by the criminal law because they constitute
steps towards the complete offence. These inchoate offences include *incitement,
*attempt, and *conspiracy. One may be guilty of inciting someone to commit the
crime of incitement or of attempting to incite, but one cannot be guilty of
incitement to conspire or of attempting to conspire.
incitement n. Persuading or attempting to persuade someone else to commit a
crime. If the other person then actually carries out the criminal act, the inciter
becomes a participator in the crime and is guilty of aiding and abetting it. If the
other person does not carry out the crime, the person who attempted to persuade
him to do so may nonetheless be guilty of the crime of incitement. Incitement may
be by means of suggestion, persuasion, threats, or pressure, by words or by
implication; for example, advertising an article for sale to be used to commit an
offence may constitute incitement to commit that offence.
incitement to racial hatred See RACIAL HATRED.
income support An income-related benefit payable under the Social Security Acts
to persons over 16 whose income and savings do not exceed a prescribed amount,
and who are not working 16 or more hours a week, and (if applicable) whose spouses
or cohabitants (see COHABITATION) are not working 24 hours or more a week, and who
are incapable of or unavailable for work (for example, because they are disabled or a
lone parent). lt replaced supplementary benefit from April 1988. Since October 1996
the unemployed who would formerly have been recipients of income support have
received instead a *jobseeker's allowance.
income tax A tax on a person's wages or salary and on most other sources of
income, including unearned income and the profits from an unincorporated
business. The amount of tax is based on a person's entire income for the year, less
certain allowances, on a progressive scale. The effect is that those with higher
incomes pay higher rates of tax.
The allowances (for 2001-02) include a personal allowance of .4535; a children's
tax credit of .5200, which may be shared between a child's parents; and pension
contributions. The children's tax credit is restricted to 10%. Other reliefs are
available to older taxpayers (over 65) and the blind.
The first .1880 of taxable income is charged at 10% (this is known as the starting
rate). Taxable income from .1881 to .29,400 is charged at 22% (the basic rate). Any
income over .29,400 is charged at 40% (the higher rate). Although assessed annually,
in many cases tax is deducted at source, in particular by employers under the *Pay
As You Earn (PAYE) system. Nonresidents in the UKare subject to income tax if
their income originates in the UK,as are UK residents who receive income from
abroad. However, there are agreements with many countries to give relief against
double taxation. Certain income is exempt from tax, including interest on national
savings certificates, some social security benefits, and redundancy payments up to
.30,000.
Income tax was introduced as a temporary measure in 1799. It is renewed annually
in a Finance Act, which traditionally enacts the Chancellor of the Exchequer's
Budget proposals. The types of taxable income are set out in the Income and
Corporation Taxes Act 1988 under five schedules:
A: income from UKland;
C: public revenue dividends;
D: profits or gains from trades, professions, and vocations; interests, annuities and
annual payments; income from securities and possessions outside the UK;
E: *emoluments from offices and employments; pensions;
F: dividends and distributions from UK companies.
incompetence n. See INCAPACITY.
incompletely constituted trust See EXECUTORY TRUST.
inconsiderate driving See CARELESS AND INCONSIDERATE DRIVING.
incorporation n. 1. The formation of an association that has corporate
personality, i.e. a personality distinct from those of its members. A corporation
(such as a company) has wide legal capacity (subject to the doctrine of *ultra vires): it
can own property and incur debts. Company members have no liability to company
creditors for such debts (though they may be under some liability to their company).
An incorporated company has its own rights and liabilities and legal proceedings in
respect of them should be brought by and against it in its own name (but see
DERIVATIVE ACTION). lt can be convicted of crimes; when *mens rea is a requirement of
the offence, the mens rea of the officers responsible may be attributed to the
company. A company is usually incorporated by *registration under the Companies
Act 1985 but there are other methods (e.g. by royal charter or private Act of
Parliament). See also CERTIFICATE OF INCORPORATION; LIFTING THE VEIL. 2. See DOCTRINE OF INCORPORATION.
incorporation by reference 1. Reference in a will to another document without
which the will cannot be understood (the document then forms part of the will). For
example, a will leaving a specified sum "to each of the persons listed in my
notebook" incorporates the notebook. The document must be clearly identified in
the will, in existence at the date of the will, and clearly referred to as being in
existence at that date. 2. Reference to named contract terms, for example on the
back of a railway ticket, saying where the terms can be seen for those who want to
read them. This will often be sufficient to incorporate the terms by reference into
the contract, although the other party may not have taken the opportunity to read
the terms. However, there are risks in incorporation; for example, it is harder to
enforce an exclusion of liability clause (see EXEMPTION CLAUSE) if the terms are merely
incorporated by reference.
incorporeal hereditament See HEREDITAMENT.
incoterm n. An international trade term. Incoterms, the best known of which are
*c.i.f.and *f.o.b.,are used as an international shorthand in commercial agreements.
A glossary of these terms, the latest edition of which is Incoterms 2000, is
published by the International Chamber of Commerce. It sets out definitions of the
various incoterms, which deal with such matters as which party to a contract is
responsible for transport of the goods, who insures them in transit, and who
arranges payment of customs duties.
incriminate vb. 1. To charge with a criminal offence. 2. To indicate involvement
in the commission of a criminal offence. A witness in court need not answer a
question if, in the judge's opinion, the answer might expose him to the danger of
criminal prosecution. A witness does not have this protection when his answer
might lead only to civil action against him.
incumbrance n. See ENCUMBRANCE.
indecency n. Conduct that the average man would find shocking or revolting.
There are common-law offences of outraging public decency and conspiring to
outrage public decency (see CONSPIRACY); examples might include staging an indecent
exhibition, keeping a *brothel, or *indecent exposure. Indecency is a question of fact
that is left in each case to the jury to decide. See also GROSS INDECENCY.
indecent assault An *assault or *battery in circumstances of indecency. Indecent
assult is punishable by up to ten years' imprisonment. *Consent is normally a
defence, except when the victim is under the age of 16. Touching or attempting to
touch the genitals of another person without their consent would constitute an
indecent assault. See alsoDOLI CAPAX; GROSS INDECENCY; INDECENT EXPOSURE.
indecent exposure Exposing one's body in public in a way that outrages public
decency. When the exposure (by a man or woman) goes far beyond the generally
accepted standards of decency and at least two people could have seen it, it amounts
to a common-law offence, even if no one was actually disgusted or upset; such
conduct is also punishable under the Vagrancy Act 1824. If a man exposes his
genitals to a woman, even in private, with the intention of insulting her, he is guilty
of a statutory offence and is liable to imprisonment. Such conduct, if threatening or
frightening, may also amount to an *indecent assault.
indefeasible adj. Incapable of being made *void.
indemnity n. An agreement by one person (X) to pay to another (Y) sums that are
owed, or may become owed, to him by a third person (Z). It is not conditional on the
third person defaulting on the payment, i.e.Y can sue X without first demanding
payment from Z. If it is conditional on the third person's default (i.e. if Z remains
the principal debtor and must be sued for the money first) it is not an indemnity
but a *guarantee. Unlike a guarantee, an indemnity need not be evidenced in
writing.
An indemnity insurance policy is taken out for the benefit of a mortgagee
(lender) when a high proportion (often 80%)of the purchase price for a domestic
property is borrowed. Such indemnity policies have been held by the courts not
normally to be for the benefit of the mortgagor (borrower), although the mortgagor
pays the premiums on the policy; only the mortgagee can make a claim. See also
INSURANCE.
indemnity basis A basis of *assessment of costs under which the receiving party
recovers all costs incurred except any that have been unreasonably incurred or are
of an unreasonable amount. The receiving party is given the benefit of any doubt on
questions of reasonableness.
indenture n. (mainly historical) A deed, generally one creating or transferring an
estate in land (e.g.a conveyance or a lease).
independent contractor A person or firm engaged to do a particular job of
work, as opposed to a person under a *contract of employment. An independent
contractor is his own master, bound to do the job he has contracted to do but
having a discretion as to how to do it. A taxi-driver, for example, is the independent
contractor of the passenger who hires him. A person who uses an independent
contractor is not generally vicariously liable for torts committed by the contractor,
but may be in exceptional cases; situations in which *vicarious liability may be
incurred include those in which the contractor is employed in particularly
hazardous activities, or to perform statutory duties, or to work on or over (but not
merely near) the highway, or is specifically authorized to commit a negligent act.
Independent Housing Ombudsman A body set up under the Housing Act 1996,
under the control of the *Housing Ombudsman, to ensure protection for housing
association tenants against landlord mismanagement and to attempt to resolve
disputes for housing association tenants.
independent trade union A trade union holding a certificate of independence
issued by the *Certification Officer. A certificate will only be issued if the union is
not under the domination or control of any employer, group of employers, or
employers' association and is not liable to any interference from them tending
towards such control. A union that is refused a certificate of independence may
appeal to the *Employment Appeal Tribunal. Trade unions that do not hold a
certificate of independence cannot conclude a collective agreement restricting
employees' rights to strike and have no statutory right to certain information that
employers must disclose to recognized independent trade unions (see DISCLOSURE OF
INFORMATION). Only officials of independent trade unions have a statutory right to
time off work to pursue union activities and duties. Rules regarding the dismissal of
an employee for an *inadmissible reason and rules that prohibit employers from
taking other action to deter employees from participating in a union only apply if
the union holds a certificate of independence.
index maps Maps kept in the Land Registry showing the position and extent of
every registered estate in land. The index maps can be searched to find out if a
particular piece of land has an estate registered in respect of it.
indictable offence An offence that may be tried on *indictment, i.e. by jury in
the Crown Court. Most serious common-law offences are indictable (e.g.murder,
rape) and many are created by statute. When statute creates an offence without
specifying how it is to be tried, it is automatically an indictable offence. An attempt
to commit an indictable offence is itself an indictable offence; the same is not true
for a *summary offence. Some indictable offences, if not very serious, may be tried
either by magistrates or on indictment (see OFFENCES TRIABLE EITHER WAY).
indictment n. A formal document accusing one or more persons of committing a
specified *indictable offence or offences. It is read out to the accused at the trial. An
indictment is in a particular form. It is headed with the name of the case and the
place of trial. There is then a statement of offence, stating what crime has allegedly
been committed, followed by particulars of offence, i.e. such details as the date and
place of the offence, property stolen, etc. If the accused is charged with more than
one offence, each allegation and charge appears in a separate paragraph called a
count. Counts may, however, be framed in the alternative, i.e. two or more counts
may charge different offences arising out of the same allegation of fact but the
defendant may be convicted of only one of them; for example, when a defendant is
charged as a principal in one count and as an accessory in another in respect of the
same incident. See alsoBILL OF INDICTMENT; TRIAL ON INDICTMENT.
indigenous peoples Those peoples and nations that have a historical continuity
with pre-invasion and pre-colonial societies that developed on their territories and
consider themselves distinct from other sectors of the societies now prevailing in
those territories (or parts of them). Forming a non-dominant sector of the prevailing
society, they exhibit a determination to preserve, develop, and transmit to future
generations their ancestral territories, and their ethnic identity, as the basis of their
continued existence as peoples, in accordance with their own cultural patterns, social
institutions, and legal systems. Examples of indigenous peoples include the Sami
(Lapps) in Scandinavia and the Cymry (Welsh) in the United Kingdom.
indirect evidence See CIRCUMSTANTIAL EVIDENCE.
Individual Savings Account (lSA) A type of savings account on which no tax is
payable. There are three main types of property (components) that can be included
in an ISA: cash, stocks and shares, and life assurance policies. These can be included
all in one ISA- a maxi-ISA, or separately in mini-ISAs. In each tax year a taxpayer
can invest in either one maxi-ISA (which must include stocks and shares) or up to
three mini-ISAs - one each for cash, stocks and shares, and life assurance. No tax is
payable on any of the income from ISA savings and investments, including
dividends, interest, and bonuses, and no capital gains tax is payable on gains arising
on ISA investments. The ISA manager will arrange for tax credits attached to
dividends from UK companies to be paid into the ISA until 5 April 2004. The insurer
does not have to pay tax on income or capital gains on investments (including
claiming tax credits on dividends from UK companies) used to back ISAlife
assurance policies; no tax is payable when the policy pays out. Money can be
withdrawn at any time without losing tax relief. The maximum that may be
invested in ISAs in the tax year 2001-02 is .7000.
indivisible contract See PERFORMANCE OF CONTRACT.
indorsement n. See ENDORSEMENT.
inducement n. 1. The promise of some advantage (e.g. bail) held out by a person in
authority in relation to a prosecution to a person suspected of having committed a
criminal offence. At common law a confession made after an inducement was
inadmissible. It may now render the confession unreliable, and therefore
inadmissible, under the terms of the Police and Criminal Evidence Act 1984. 2. See
MISREPRESENTATION.
inducing breach of contract See PROCURING BREACH OF CONTRACT.
industrial death benefit A state pension formerly payable to the widow of a
man who had died from injuries sustained in the course of his employment or from
a prescribed industrial disease. The system came to an end in April 1988.However,
widows whose husbands die after that date as a result of an industrial accident or
disease are entitled to widows' benefit and retirement pensions, their husbands
being deemed to have satisfied the contribution conditions in full.
industrial democracy Participation in company management by employees. This
may take the form of including directors elected by employees on the board of
directors. See alsoEMPLOYEES' SHARE SCHEME.
industrial dispute See TRADE DISPUTE.
industrial injuries disablement benefit A pension or lump sum payable by
the state to a person disabled by injury or a prescribed industrial disease sustained
or contracted in the course of his employment. The benefit is payable as a weekly
amount. The amount of the benefit depends on the degree of disablement, which is
assessed by a specialist or a board of two doctors. To be entitled to benefit, the
disablement must be assessed as being at least 14%of total disability (1% in the case
of pneumoconiosis, byssinosis, and diffuse mesothelioma). The benefit is payable if
the claimant is still suffering disability 15 weeks or more after the date of the
accident or onset of the disease. It is payable for a period assessed as the time for
which the claimant is likely to suffer the disability. The assessment can be reviewed
if the claimant's condition deteriorates or if he is still disabled at the end of the
period of assessment.
industrial tribunal See EMPLOYMENT TRIBUNAL.
inevitable accident An accident that could not have been prevented by the
exercise of ordinary care and skill.
infant (minor) n. Since 1969,a *child under the age of 18. Certain rights (such as
rights of parental responsibility, the right to make a child a ward of court, and the
right to withhold consent to marriage) only apply to infants. Other rights (such as
the right to marry with consent) are governed by different age limits, often 16.
Infants have a limited *capacity to contract.
infanticide n. The killing of a child under 12 months old by its mother. If the
mother can show that the balance of her mind was disturbed because of the effects
of the childbirth or lactation, she will be found guilty of infanticide, rather than
murder, and punished as though she was guilty of *manslaughter. Most cases of
infanticide are dealt with by probation or discharge. See alsoDIMINISHED
RESPONSIBILITY.
inferior court Any of the courts that are subordinate to *superior courts, having
a jurisdiction limited to a particular geographical area, size of claim, or type of case.
Their decisions are normally subject to appeal to a superior court, and the exercise
of their jurisdiction may be subject to control by a superior court. In England and
Wales, *county courts and *magistrates' courts are inferior courts.
information n. See LAYING AN INFORMATION.
informed consent The doctrine that determines the information to be disclosed
to a patient to render his consent to treatment lawful. In the USA, the doctrine is
based upon the "prudent patient" criterion, i.e. the nature, depth, and amount of
information is judged by the physician as that required by a prudent patient. In the
UK the doctrine is based upon the "prudent physician" criterion, i.e. the nature,
depth, and amount of information is judged by the physician as that which is
necessary for the patient. Failure to disclose such information will render any
treatment unlawful.
informer n. A person who gives information to the police about crimes committed
by others. An informer who is himself involved in the crimes may sometimes
receive a lighter sentence in return for cooperation with the police that leads to the
conviction of other offenders. However, the police may not employ their own
informers to participate in crimes and then arrest the criminals, and a police
informer who pretends to join a plot to commit a crime may himself be guilty of
*conspiracy. It is nevertheless generally thought that if a police informer pretends
to help in committing a crime with the intention of frustrating it, he will not be
considered an *accessory if he fails to prevent the crime taking place.
in gross Absolute, i.e. existing in its own right and not as ancillary to land or any
other thing. For example a profit Ii prendrecan exist in gross, conferring rights on
persons whether or not they own land capable of benefiting. An easement cannot
exist in gross since there must be a dominant tenement.
inherent vice An inherent defect in certain goods that makes them liable to
damage. Some fibres, for example, are liable to rot during shipment. If a carrier or
insurer of such goods has not been warned of the inherent vice, he will not be liable
for damage resulting directly from the defect.
inheritance n. 1. The devolution of property on the death of its owner, either
according to the provisions of his will or under the rules relating to intestacy
contained in the Administration of Estates Act 1925 as amended. 2. Property that a
beneficiary receives from the estate of a deceased person.
inheritance tax A tax introduced by the Finance Act 1986 to replace capital
transfer tax. The tax is payable on the value of a person's estate on death added to
the value of lifetime gifts in the seven years preceding death and on certain other
lifetime gifts. At present (2001-02) there are two rates of tax: nil on estates up to
.242,000; 40% on estates over that figure. The tax charged on lifetime gifts made
within the seven years before the death of the donor is reduced on a sliding scale
according to how long before death the gift was made. Other lifetime gifts are
charged at half the death rate. There are a number of exemptions, including gifts
between husband and wife, gifts to charities and political parties, and gifts for
national purposes or for the public benefit.
inhibition n. (in land law) An entry in the proprietorship register relating to
registered land (see LAND REGISTRATION) that prohibits the registration of any dealing
with the land (such as a transfer or mortgage) for a specified time or until a
specified event occurs or until further order or entry. An inhibition may be
registered on the application of any person having a sufficient interest; for example,
when the owner of land claims that another has become registered as proprietor by
fraud. The Chief Land Registrar has total discretion whether to make or cancel any
order or entry, but an inhibition must be registered when a receiving order in
bankruptcy is made against the proprietor or when registered land is transferred to
the incumbent of a benefice.
inhuman treatment or punishment Treatment that causes intense physical
and mental suffering. The prohibition on inhuman treatment or punishment as set
out in Article 3 of the European Convention on Human Rights is now part of UK
law as a consequence of the *Human Rights Act 1998. This right is an *absolute
right; inhuman treatment or punishment can never be justified as being in the
public interest, no matter how great that public interest might be. Public
authorities have a limited but positive duty to protect this right from interference
by third parties.
injunction n. A remedy in the form of a court *order addressed to a particular
person that either prohibits him from doing or continuing to do a certain act (a
prohibitory injunction) or orders him to carry out a certain act (a mandatory
injunction). For example, a prohibitory injunction may be granted to restrain a
nuisance or to stop the infringement of a copyright or trademark. A mandatory
injunction may be granted to order a person to demolish a wall that he has built in
breach of covenant. The remedy is discretionary and will be granted only if the
court considers it just and convenient to do so; it will not be granted if damages
would be a sufficient remedy.
Injunctions are often needed urgently. A temporary injunction (interim or
interlocutory injunction) may therefore be granted at a special hearing pending
the outcome of the main hearing of the case. If it is granted, the claimant must
undertake to compensate the defendant for any damage he has suffered by the
grant of the injunction if the defendant is successful in the main action. If
judgment is given for the claimant in the main action, a perpetual injunction is
granted. A person who fails to abide by the terms of an injunction is guilty of
*contempt of court. See alsoFREEZING INJUNCTION; QUIA TIMET.
injurious falsehood See MALICIOUS FALSEHOOD.
injury n. 1. Infringement of a right. 2. Actual harm caused to people or property.
inland bill A *bill of exchange that is (or on the face of it purports to be) both
drawn and payable within the British Islands or drawn within the British Islands
upon some person resident there. All other bills are foreign bills. Unless the
contrary appears on the face of a bill, the holder may treat it as an inland bill. The
distinction is relevant to the steps taken when a bill has been dishonoured (see
DISHONOUR).
Inland Revenue, Board of The body responsible for the care, management, and
collection of most taxes within the UK.The officials of which it is made up are the
Commissioners. The day-to-day administration is carried out by civil servants.
Inspectors of Taxes are responsible for assessing taxes, which are collected by
Collectors of Taxes (see also SELF-ASSESSMENT). A taxpayer can appeal against an
inspector's assessment either to the General Commissioners for his district (lay
persons appointed to hear appeals) or to a Special Commissioner (a full-time official
appointed by the Treasury to hear appeals).
in limine [Latin] Preliminary; used, for example, to describe an objection or
pleading.
in loco parentis [Latin] In place of a parent: used loosely to describe anyone
looking after children on behalf of the parents, e.g. foster parents or relatives. In
law, however, only a guardian or a person in whose favour a residence order is made
stands in loco parentis; their rights and duties are determined by statutory provisions.
Inner Temple An *Inn of Court situated in the Temple between the Strand and
the Embankment. The earliest recorded claim for its existence is 1440. Its Hall and
Library were destroyed by bombing in World War II but have since been rebuilt.
innocent misrepresentation See MISREPRESENTATION.
innocent passage See TERRITORIAL WATERS.
innominate terms (intermediate terms) Terms of a contract that cannot be
classified as *conditions or *warranties. The parties to a contract may label the
terms of the contract as either conditions or warranties and those labels will usually
be respected by the courts provided that the result is reasonable. Similarly, certain
terms have traditionally been treated as conditions or warranties even though they
have not been labelled as such (for example, time clauses in mercantile contracts are
to be treated as conditions). Innominate terms are those that will not fit the above
categories. The remedy for breach of an innominate term will depend on whether or
not the breach is of a fundamental nature, i.e. that the injured party has been
deprived of substantially the whole of the benefit of the contract. If the injured
party has been so deprived, he will be entitled to treat the contract as repudiated
and claim damages. If not, he will be entitled to damages only. See alsoBREACH OF
CONTRACT.
Inns of Chancery Formerly, Inns similar but subordinate to the *Inns of Court,
to which they were attached (for example, Staple Inn and Barnard's Inn were
attached to Gray's Inn). Originally they were societies in which students prepared for
admission to the Inns of Court; later they became societies of attorneys. They were
dissolved in the late 19th century.
Inns of Court Ancient legal societies situated in central London; every *barrister
must belong to one of them. These voluntary unincorporated associations have the
exclusive right of call to the Bar. The early history of the Inns is disputed, but they
probably began as hostels in which those who practised in the common law courts
lived. These hostels gradually evolved a corporate life in which *Benchers, barristers,
and students lived together as a self-regulating body. From an early date they had an
important role in legal education. In modern times four Inns survive: *Gray's Inn,
*Inner Temple, *Lincoln's Inn, and *Middle Temple.
Inns of Court and Bar Educational Trust See COUNCIL OF LEGAL EDUCATION.
innuendo n. In an action for *defamation, a statement in which the claimant
explains the defamatory meaning of apparently innocent words that he alleges are
defamatory. The claimant must set out in his particulars of claim the facts or
circumstances making the words defamatory.
in personam [Latin: against the person] Describing a court action or a claim made
against a specific person or a right affecting a particular person or group of people
(compare IN REM). The *maxim of equity "equity acts in personam" refers to the fact
that the Court of Chancery issued its decrees against the defendant himself, who
was liable to imprisonment if he did not enforce them.
inquest n. An inquiry into a death the cause of which is unknown. An inquest is
conducted by a *coroner and often requires the decision of a jury of 7-11 jurors. It
must be held in the case of a sudden death whose cause is unknown or suspicious, a
death occurring in prison, or when the coroner reasonably suspects that the death
was caused by violent or unnatural means. Inquests are not, however, criminal
proceedings; witnesses are usually cross-examined only by the coroner and the strict
laws of evidence do not apply. If unlawful *homicide is suspected, and criminal
proceedings are likely, the coroner will usually adjourn the inquest (and must do so
if requested to by a chief police officer). If the inquest jury find that a particular
person caused the death in circumstances amounting to homicide, that person may
stand trial. It is an offence to dispose of a body with the intention of preventing an
inquest being held.
inquiry n. (in international law) An attempt to discover the facts surrounding an
international incident that is the subject of a dispute between two or more parties
by means of an impartial investigative body. Such an investigation is intended to
promote a successful resolution of the dispute. In treaty law each of the *Bryan
Treaties and a number of other treaties between South and Central American states
provided for the establishment of permanent commissions of inquiry. In 1967,the
UN General Assembly adopted a resolution supporting the institution of such
impartial fact-finding and requested the Secretary-General to establish a register of
experts whose services could be used by states in specific disputes. See also
CONCILIATION; GOOD OFFICES; MEDIATION.
inquisition n. A document containing the verdict of a coroner's *inquest. It
consists of the caption (details of the coroner, jury, and the inquest hearing), the
verdict (identification of the body and probable cause of death), and the attestation
(signatures of the coroner and jurors). An open verdict may be recorded when there
is insufficient evidence of the cause of death.
inquisitorial procedure A system of criminal justice, in force in some European
countries but not in England, in which the truth is revealed by an inquiry into the
facts conducted by the judge. In this system it is the judge who takes the initiative
in conducting the case, rather than the prosecution or defence; his role is to lead the
investigations, examine the evidence, and interrogate the witnesses. Compare
ACCUSATORIAL PROCEDURE.
in re [Latin; in the matter of] A phrase is used in the headings of law reports,
together with the name of the person or thing that the case is about (for example,
cases in which wills are being interpreted). It is often abbreviated to re, in which
form it is used in headings to letters, etc.
in rem [Latin: against the thing] 1. Describing a right that should be respected by
other people generally, such as ownership of property, as distinct from a right *in
personam. 2. Describing a court action that is directed against an item of property,
rather than against a person or group of people. Actions in rem are a feature of the
*Admiralty Court.
insanity n. (in criminal law) A defect of reason, arising from mental disease, that is
severe enough to prevent a defendant from knowing what he did (or what he did
was wrong). A person accused of a crime is presumed sane and therefore responsible
for his acts, but he can rebut this presumption and escape a conviction if he can
prove (see BURDEN OF PROOF) that at the time of committing the crime he was insane.
For purposes of this defence, insanity is defined by the McNaghten Rules. These
were formulated by judges after the trial of Daniel McNaghten (1843), who killed the
Prime Minister's secretary by mistake for the Prime Minister, under the delusion
that the government was persecuting him, and was acquitted on the grounds of
insanity. According to the rules, the defendant must show that he is suffering from
a defect of reason arising out of "a disease of the mind". This would usually include
most psychoses, paranoia, and schizophrenic diseases, but psychopaths and those
suffering from neuroses or subnormality would not normally fall within the terms
of the rules. The defendant must also show that, as a result of the defect of reason,
he either did not know the "nature and quality" of his acts, i.e. he did not know
what he was doing (for example, if he put a child on a fire, thinking it was a log of
wood) or he did not know that his acts were wrong, even if he knew their nature
and quality (for example, if he knew he was murdering, but did not know that this
was wrong). If the defendant is suffering from an insane delusion, he is treated as
though the delusion was true and will have a defence if there would normally be
one on those facts (for example, if he kills someone under the insane delusion that
he is acting in self-defence, since self-defence is a defence). Medical evidence may be
brought, but the jury are entitled to form their opinion on the facts. If found to be
insane the defendant is given a special verdict of "not guilty by reason of insanity"
and may be admitted to hospital. In cases of homicide, the accused must be sent to
hospital (usually a *special hospital, such as Broadmoor). Because of the consequences
of successfully pleading it, in practice insanity was usually only pleaded to avoid the
death penalty. However, a defendant who puts his mental state in issue (e.g.by
raising a defence of *diminished responsibility on a murder charge) might have to
change his plea to guilty to avoid being treated as pleading insanity (though he is
entitled to appeal against an insanity verdict).
Magistrates' courts are not empowered to return a special verdict. They will either
grant a complete acquittal, if the defendant's evidence of mental abnormality
amounts to a denial that he had any necessary *mens rea for the crime, or they may
make a *hospital order, if the crime with which he is charged is one for which they
could usually imprison him.
If someone in custody for trial is suffering from mental illness or severe
subnormality, he may be detained in hospital and not brought to trial until he is fit.
A person who is insane at the time of his trial, in the sense that he does not
understand the charge and cannot properly instruct his lawyers, may be found
*unfit to plead.
See also GENERAL DEFENCES; IRRESISTIBLE IMPULSE.
insider dealing Taking advantage of specific unpublished price-sensitive
information to deal in *securities to make a profit or avoid a loss. Under the
Criminal Justice Act 1993,dealings by insiders and those who have acquired
information from insiders may be a criminal offence. Improperly disclosing such
information or encouraging others to deal is also prohibited.
insolvency practitioner A person appointed to officiate in the *winding-up of a
company or in *bankruptcy proceedings. The Insolvency Act 1986 requires the
appointment of a qualified practitioner to act as a *liquidator, an *administrative
receiver, the supervisor of a *voluntary arrangement, or a *trustee in bankruptcy.
Under the Act, a person is only authorized to act in such a capacity if he has met
certain statutory requirements, including membership of an approved professional
body (such as the Institute of Chartered Accountants of England and Wales or the
Insolvency Practitioners Association).
inspection by judge See VIEW.
inspection of documents See DISCLOSURE AND INSPECTION OF DOCUMENTS.
inspection of property (in court procedure) The High Court or the county
courts may order the inspection, photographing, preservation, custody, and
detention of any property that is (or may become) the subject matter of proceedings
or in respect of which any questions may arise in proceedings. Such an order may be
made before the issue of proceedings, in respect of any property that may become
the subject matter of subsequent proceedings. Once proceedings have started, an
order may be made in respect of property in the possession of a party, provided that
the application is in respect of a physical thing (not details of a manufacturing
process, for example), and an order may be made if the property is in the possession
of a non-party. In each instance, the order is sought by isuing an application notice
supported by evidence.
instant committal A short committal under section 1 of the Criminal Justice Act
1967. See COMMITIAL FOR TRIAL.
institutional constructive trust See CONSTRUCTNE TRUST.
instrument n. A formal legal document, such as a will, deed, or conveyance, which
is evidence of (for example) rights and duties. The *European Convention on Human
Rights is a living instrument in that it must be interpreted in the light of presentday
conditions rather than by trying to ascertain the meaning of those who drafted
it over fifty years ago. See also STATUTORY INSTRUMENT.
insufficient evidence A direction by a judge to a jury that, as a matter of law,
the evidence does not entitle them to make a certain finding. For example, if there
is insufficient evidence for a conviction, the judge may direct the jury to return a
verdict of not guilty.
insulting behaviour See THREATENING BEHAVIOUR.
insurable interest An interest (financial or otherwise) in the subject matter of a
contract of *insurance, which provides the person insured with the right to enforce
the contract. An insurable interest (e.g.ownership of goods insured) distinguishes a
contract of insurance from a wager or bet. An interest is required by statute for
various types of insurance contract (e.g. life insurance).
insurance n. A contract in which one party (the insurer) agrees for payment of a
consideration (the premium) to make monetary provision for the other (the
insured) upon the occurrence of some event or against some risk. For such contracts
to be enforceable, there must be some element of uncertainty about the events
insured against and the insured must have an *insurable interest in the subject
matter of the contract. (The term assurance has the same meaning as insurance but
is generally used in relation to events that will definitely happen at some time or
another (especially death), whereas insurance refers to events that mayor may not
happen.) There are two types of insurance: indemnity insurance, which provides an
indemnity against loss and in which the measure of the loss is the measure of
payment (e.g.a fire policy); and contingency insurance, which involves payment on
a contingent event and in which the sum paid is not measured by the loss but stated
in the policy (e.g.a life policy).A contract of insurance is one requiring the utmost
good faith (see UBERRIMAE FIDEI) and is voidable if a party fails in preliminary
negotiations to disclose a fact material to the risk (see NONDISCLOSURE; VOIDABLE
CONTRACT). Innocent or fraudulent *misrepresentation may also render the contract
voidable, or the contract may be terminated for breach of an essential term (see
WARRANTY). Particular types of insurance include *life assurance, fire insurance,
motor-vehicle insurance (see THIRD-PARTY INSURANCE), *marine insurance, liability
insurance, and guarantee insurance. There is considerable statutory regulation of
insurance business.
Insurers are either insurance companies or *Lloyd's underwriters. Insurance
companies are regulated by statute, aimed, among other things, at ensuring the
insurance companies have sufficient funds to meet all claims made on them.
Insurance brokers negotiate insurance contracts with insurance companies or
Lloyd's underwriters on a commission basis and usually handle claims on their
clients' behalf. In the event of a claim the insured receives either the amount agreed
in the policy or an appropriate sum that is calculated by an independent insurance
assessor.
insurance broker See INSURANCE.
insurance company See INSURANCE.
insurance policy A formal document issued by an insurer setting out the terms
of a contract of *insurance. Insurance contracts are not required by law to be in
writing. Before the issue of a policy an insurer may issue a cover note, which is
itself a temporary contract of insurance.
insurgency n. A state of revolt against constituted authority by rebels who are not
recognized as *belligerent communities. Hence, recognition by nation X of a state of
insurgency in nation Y means that while the former nation acknowledges a state of
rebellion or revolt in nation Y,it is not yet prepared to extend recognition of a state
of belligerency to that nation. Such a decision is based upon the relative proportion
and success of the rebellion or revolt within state Y.
intangible property *Property that has no physical existence: *choses in action
and incorporeal *hereditaments.
intellectual property Intangible property that includes *patents, *trade marks,
*copyright, and registered and unregistered *design rights.
intention n. The state of mind of one who aims to bring about a particular
consequence. Intention is one of the main forms of *mens rea,and for some crimes
the only form (for example, in the crime of threatening to destroy someone's
property, with the intention that he should fear that the threat will be carried out).
A person is assumed to intend those consequences of his acts that are inevitable but
cannot be presumed to intend a consequence merely because it is probable or
natural. In the latter case, the jury must decide, on all the available evidence,
whether or not in fact the accused did intend the consequences
For purposes of the
law of murder, however, a person is presumed to intend to cause death if he
foresees that it is a highly likely consequence of his acts. This is sometimes known as
oblique intention. Intention is often contrasted with *recklessness and should not
be confused with *motive. For some purposes, offences are divided into crimes of
basic intent or specific intent (see INTOXICATION). See alsoULTERlOR INTENT.
Intention to injure is also a constituent element of some torts, particularly those
dealing with business relations (e.g. *conspiracy, *intimidation, *procuring breach of
contract).
intention of testator The meaning that a testator intends his will to have. In
interpreting a will, the court seeks to give effect to the intention of the testator as
expressed in the will, even if capricious or eccentric. If the intention of the testator
is to be challenged, this can only be done by an application under the Inheritance
(Provision for Family and Dependants) Act 1975(see FAMILY PROVISION). There are rules
of construction to enable the testator's intention to be ascertained where it is not
clear from the face of the will (see ARMCHAIR PRINCIPLE; INTERPRETATION OF WILLS).
interest n. (in land law) A right in or over land. It may comprise equitable
ownership of the land (such as the interest of the tenant for life under a
settlement), where the legal estate is owned by trustees; or the benefit of some
other right over the land of another, such as an easement or rentcharge. Interests of
the latter type can be legal or equitable, but under the Law of Property Act 1925
only interests owned on terms equivalent to a *fee simple absolute in possession or
a *term of years absolute qualify as legal interests. A person interested in land is
one who has rights in it. See also EQUITABLE INTERESTS.
interest in expectancy Any future interest in property.
interfering with subsisting contract See PROCURING BREACH OF CONTRACT.
interfering with trade or business The tort of deliberately interfering with
the trade or business of another person by unlawful means, thereby causing damage
to that person. Liability in this tort is wider than in the tort of *procuring breach
of contract, since it is not necessary to show that an existing contract has been
interfered with or broken. The operation of the tort in *trade disputes is limited by
statute.
interfering with vehicles Under the Criminal Attempts Act 1981, it is an
offence, punishable with up to three months' imprisonment and(or a fine, for a
person to interfere with a vehicle or anything it carries with the intention that he
or someone else will steal the vehicle or any of its contents or take the vehicle
without the owner's consent. The offence was introduced when the *sus law was
abolished. A constable may arrest anyone he reasonably suspects of this offence. It is
also a *summary offence, under the Road Traffic Act 1988,to get onto a vehicle on a
road or local authority car park or to tamper with its brakes or other part of its
mechanism without lawful authority or reasonable cause. See also CONVEYANCE.
interfering with witnesses Attempting to prevent a witness from giving
evidence or to influence the evidence he gives. Making improper threats against
witnesses may amount to the common-law offence of *perverting the course of
justice; persuading a witness to tell a lie constitutes - in addition to this - the
offence of subornation of *perjury. It is also perverting the course of justice to put
pressure upon a witness to give evidence or to pay him money to testify in a
particular way. Sometimes interfering with witnesses may also amount to
*contempt of court. There is also a separate common-law offence of tampering
with witnesses when one uses threats to persuade them not to give evidence. See
alsoINTIMIDATION.
interim See INTERLOCUTORY.
interim appeal. (interlocutory appeal) An appeal against an order made during
the pre-trial stage of civil litigation. Appeals from district judges and masters are to
the High Court or a county court circuit judge, and appeals from a decision of a
county court circuit judge or a High Court judge are to the Court of Appeal (Civil
Division). Any appeal can only be made if permission to appeal is granted.
interim injunction (interlocutory injunction) See INJUNCTION.
interim judgment (interlocutory judgment) A decision by the court in civil
proceedings that only deals with part of the matter in dispute. Compare FINAL
JUDGMENT.
interim measures (in competition law) Temporary sanctions that the European
Commission and the UK Office of Fair Trading have powers (by decision and under
the Competition Act 1998, respectively) to impose on businesses that are in breach of
the competition rules, pending a final decision. This ensures that permanent damage
is not done to the party who has complained of a breach of the rules. The interim
measures may consist of requiring the offending company to resume supplies of
goods to the complainant or to remedy the conduct of which complaint has been
made in some other way. See also INTERIM RELIEF.
interim payment Payment on account by a defendant of any damages, debt, or
other sum (excluding costs) that he is liable to pay to the claimant. The High Court
(but not the county courts) may order a defendant to make an interim payment.
When damages are claimed, it is necessary to show that (1) the defendant has
admitted liability; or (2) the claimant has already obtained judgment for damages to
be assessed; or (3) if the action proceeded to trial the claimant would obtain
judgment for substantial damages.
interim proceedings (interlocutory proceedings) The preliminary stages in
civil proceedings, such as statements of case and disclosure of documents, which
occur between the issue of the claim form and the trial. Their principal functions
are to define the issues that will have to be decided at the trial and to prevent
*surprise.
interim relief (interlocutory relief) A temporary remedy, such as an interim
*injunction or *interim payment, granted to a claimant by a court pending the
trial.
interim rent Rent that a landlord can request a court to fix for a *business
tenancy when he has given the tenant notice to quit or when the tenant has applied
for a new tenancy.
interlineation n. Writing between the lines of a document. The effect is the same
as that of an *alteration.
interlocutory ad}. During the course of proceedings. Before the introduction of
the Civil Procedure Rules in 1999, the term was applied to certain processes in civil
proceedings occurring between initiation of the action and the final judgment (e.g.
interlocutory injunction, interlocutory proceedings). Under the Rules, it has been
replaced by the term interim.
intermediate terms See INNOMINATE TERMS.
internal waters All rivers, canals, lakes (excluding international ones), and
landlocked seas, the waters of ports, bays, and roadsteads, and the waters on the
landward side of the *baseline of the territorial sea. Within its internal waters, a
coastal state exercises civil and criminal jurisdiction over foreign merchant ships
and also administrative functions, such as enforcing customs and fishing
regulations. Compare TERRITORIAL WATERS.
International Bank for Reconstruction and Development (IBRD; World
Bank) A specialized agency of the United Nations. It developed from the
international monetary and financial conference held at Bretton Woods, New
Hampshire, in 1944 and was established by 44 nations in 1945. Its central purpose is
to spur economic growth in developing states through the provision of loans and
technical assistance to their respective governments. The IBRD currently has 181
members.
international carriage The carriage of persons or goods between two or more
nations, which is regulated by various international conventions. The international
carriage of goods by sea is governed by the Hague Rules(1924), the Hague-Visby
Rules(1968), and the Hamburg Rules(1978, not yet in force); that of goods by road
by the Geneva Convention (1956); and that of goods by rail by a convention of 1980.
(See also CARRIAGE OF GOODS BY AIR.) There are also conventions regulating the
international carriage of passengers by sea, rail, and road. The UK is a party to
various of these conventions and has legislated to give them legal effect; for
example, the Carriage of Goods by Sea Act 1971 covers the Hague-Visby Rules.
International Court of Justice A court at The Hague, consisting of 15 judges
elected for 9-year terms of office, that has power to determine disputes relating to
international law. It was set up by the United Nations in succession to the
Permanent Court of International Justice, and all members of the UN are
automatically parties to the Statute of the Court. No state may be brought before
the Court in contentious proceedings unless it has accepted its jurisdiction, either by
agreement in a particular case or by recognition of the authority of the Court in
general, in respect of any dispute with another state accepting the general
jurisdiction of the Court (the principle of reciprocity; see also OPTIONAL CLAUSE). The
Court may also give advisory opinions (see ADVISORY JURISDICTION), which do not bind
the parties but are of great *persuasive authority.
International Criminal Court A permanent court to try individuals for the
most serious offences of global concern. In July 1998, 160 nations decided to establish
this court; the Statute of the Court will enter into force after 60 countries have
ratified it. Crimes within the jurisdiction of the Court are genocide, war crimes, and
crimes against humanity, such as widespread or systematic extermination of
civilians, enslavement, torture, rape, forced pregnancy, persecution on political,
racial, ethnic, or religious grounds, and enforced disappearances. The Court's Statute
lists and defines all these crimes to avoid ambiguity. The seat of the Court will be at
The Hague, in the Netherlands, but it will be authorized to try cases in other venues
when appropriate.
international law (jus gentium, law of nations) The system of law regulating
the interrelationship of sovereign states and their rights and duties with regard to
one another. In addition, certain international organizations (such as the *United
Nations), companies, and sometimes individuals (e.g.in the sphere of *human rights)
may have rights or duties under international law. International law deals with such
matters as the formation and recognition of states, acquisition of territory, war, the
law of the sea and of space, treaties, treatment of aliens, human rights, international
crimes, and international judicial settlement of disputes. The usual sources of
international law are (1) *conventions and *treaties; (2) international *custom, in so
far as this is evidence of a general practice of behaviour accepted as legally binding
(see OPINIO JURIS); (3) the *general principles of law recognized by civilized nations.
International law is also known as public international law to distinguish it
from *private international law, which does not deal with relationships between
states.
International Law Commission (lLe) A body established in 1947 by General
Assembly Resolution 174 (II) and acting under Article 13 of the United Nations
Charter. The ILCconsists of 25 members of recognized competence in international
law who are elected for five-year periods by the General Assembly from a list of
candidates nominated by the member states of the UN. The mission of the ILCis to
promote the progressive development of international law by preparing draft
conventions on subjects that have not yet been regulated by international law and
by codifying the law. It produces annual reports of current problems.
international legal personality In the international community, entities who
are endowed with rights and obligations under public international law are said to
have international legal personality. The entities with this legal personality include
states, international organizations, *nongovernmental organizations, and to some
limited extent private individuals and corporations within a state.
international minimum standard (in international law) A minimum standard
of treatment that must always be observed with regard to the treatment of foreign
nationals. This standard consists of at least the right to life, liberty, and free access
to the courts and to the protection of property (especially fair compensation for the
nationalization of property). The international minimum standard has proved to be
contentious with developing countries and Socialist states, who believe that it
merely advances Western economic imperialism. See alsoESPOUSAL OF CLAIM;
EXPROPRIATION; STATE RESPONSIBILITY. Compare NATIONAL TREATMENT STANDARD.
International Sea Bed Authority A body, based in Jamaica, that is charged with
responsibility for the 1982 Convention on the Law of the Sea. See LAW OF THE SEA.
international supply contract A contract for the sale of goods made by parties
whose places of business (or habitual residences) are in the territories of different
states. The limitations imposed by the Unfair Contract Terms Act 1977on the extent
to which a person may exclude or restrict his liability (e.g.by an *exemption clause)
do not apply to such a contract if (1) when it is made, the goods are in carriage (or
due to be carried) from one state to another; (2) the offer and its acceptance take
place in different states; or (3) the goods are to be delivered in a state other than
that in which the offer and acceptance take place. However, other statutes may
apply to such contracts, and in many countries the Vienna Convention on the
International Sales of Goods and world trade rules under the *General Agreement
on Tariffs and Trade (GATT) and the *World Trade Organization (WTO) will apply.
interpleader n. A procedure used to decide how conflicting claims against the
same person should be dealt with. It applies when there are two or more claims
against the applicant (whether or not court proceedings have been issued) that
conflict with each other; for example, when two or more people claim the same
goods that are being held by the applicant. The court decides how the matter should
be dealt with; it may, for example, direct that there should be a court action
between the rival claimants.
Interpleader can be of two types. A stakeholder's interpleader applies to any
person holding any debt, goods, or chattels in respect of which there are rival claims.
A sheriff's interpleader applies when the applicant is the *sheriff, who has to deal
with rival claims after execution of a writ of *fieri facias when a third party (e.g. a
television rental company) claims that the goods seized belong to him. In the county
courts, special forms of summons are prescribed irrespective of whether
proceedings have commenced or not. In the High Court, the application is by *claim
form if proceedings have yet to start, and by ordinary application notice if
proceedings have already been issued.
interpretation (construction) n. The process of determining the true meaning of
a written document. It is a judicial process, effected in accordance with a number of
rules and presumptions. So far as is relevant, the rules and presumptions applicable
to Acts of Parliament (see INTERPRETATION OF STATUTES) apply equally to private
documents, such as deeds and wills.
Interpretation Act An Act of 1978(originally 1889) that defines a number of
common words and expressions and provides that the same definitions are to apply
in all other Acts except those specifically indicating otherwise. For example, "person"
includes (in addition to an individual) any body of persons corporate or
unincorporate.
interpretation clause A clause in a written document that defines words and
phrases used in the document itself. In an Act of Parliament it is called an
interpretation section. See also INTERPRETATION ACT.
interpretation of statutes The judicial process of determining, in accordance
with certain rules and presumptions, the true meaning of Acts of Parliament. The
principal rules of statutory interpretation are <Is follows.
(1) An Act must be construed as a whole, so that internal inconsistencies are avoided.
(2)Words that are reasonably capable of only One meaning must be given that
meaning whatever the result. This is called the literal rule.
(3)Ordinary words must be given their ordinary meanings and technical words their
technical meanings, unless absurdity would result. This is the golden rule.
(4)When an Act aims at curing a defect in the law any ambiguity is to be resolved
in such a way as to favour that aim (the mischief rule).
(5)The ejusdem generis rule (of the same kind): when a list of specific items
belonging to the same class is followed by gen~ral words (as in "cats, dogs, and other
animals"), the general words are to be treated as confined to other items of the same
class (in this example, to other domestic animals).
(6) The rule expressio unius est exe/usio alterius (the inclusion of the one is the
exclusion of the other): when a list of specific hems is not followed by general
words it is to be taken as exhaustive. For example, "weekends and public holidays"
excludes ordinary weekdays.
The House of Lords has ruled against the existence of an alleged social policy
rule, which would enable an ambiguous Act to be interpreted so as to best give
effect to the social policy underlying it. Ambiguities may occasionally be resolved by
referring to external sources; for example, the intention of Parliament in regard to
a proposed Act, as revealed by ministers during its passage through Parliament, may
be discovered by reference to *Hansard.
There are some general presumptions relating to the interpretation of statutes.
They are presumed (1) not to bind the Crown (including the sovereign personally); (2)
not to operate retrospectively so far as substantive (but not procedural) law is
concerned; (3) not to interfere with vested rights (particularly without
compensation); (4)not to oust the jurisdiction of the courts; and (5) not to derogate
from constitutional rights or international law. But clear words or necessary
implication may override these presumptions. A consolidating statute is presumed
not be intended to alter the law, but this does not apply to codifying statutes, which
may be concerned with clarifying law that was previously unclear. Penal and taxing
statutes are subject to strict construction, i.e. if after applying the normal rules of
interpretation it is still doubtful whether or nDt a penalty or tax attaches to a
particular person or transaction, the ambiguity must be resolved in favour of the
subject.
See also INTERPRETATION ACT; INTERPRETATION CLAUSE.
interpretation of wills The process of determining the true meaning of wills to
give effect, as far as possible, to the testator's intention expressed in the will (see
INTENTION OF TESTATOR). Generally the words usc'd are given their ordinary
grammatical meaning. If the words used are ambiguous, either in themselves or in
the light of surrounding circumstances, extrinsic evidence may be admitted to assist
in ascertaining the testator's intention. The process of construing a will by reference
to the circumstances surrounding the testator when he made his will is commonly
known as the *armchair principle. Such evidence may not be used to contradict a
clear expression in the will. The golden rule i~ to adopt a construction that will
avoid an *intestacy, on the basis that if the testator went to the trouble of making a
will, he presumably did not intend to die intestate. There are also many detailed
rules relating to the meaning of particular phiases and to imprecise gifts for
charitable purposes.
interregnum n. 1. The period between the death of a sovereign and the accession
of his or her successor. 2. Temporary rule exercised during such a period. In the UK
a sovereign's death does not result in an interregnum (see DEMISE OF THE CROWN).
interrogation n. The questioning of suspects by the police. Suspects are not
obliged to answer such questions (see RIGHT OF SILENCE), and the right of the police to
question suspects is governed by the Police and Criminal Evidence Act 1984 and the
Codes of Practice made under it. The Codes deal with such matters as the rights of
the suspect to communicate with third parties, rights to legal advice and to medical
treatment, and advice to the police on the administering of a *caution, the provision
of interpreters, and the keeping of records concerning all these matters. There are
special provisions relating to the interrogation of juveniles, the mentally ill, and the
mentally handicapped. The provisions of the 1984 Act and its Codes must now be
read subject to the requirements of the *Human Rights Act 1998.See also CONFESSION.
interrogatory n. Formerly, a formal written question submitted by one party to
civil litigation to another party and required to be answered on oath. Since the
introduction of the Civil Procedure Rules in 1999,this procedure has been replaced
by a request for further information.
in terrorem [Latin] Intimidating. The doctrine of in terroremapplies to conditions
attached to gifts of personal property in wills or elsewhere. Such conditions are in
terrorem if it is apparent that the donor does not really intend the recipient to lose
the gift, but is merely making an idle threat; for example, when a donor makes a
gift subject to a condition against marriage without another person's consent but
does not make provision for the disposal of the gift if the recipient does not comply
with the condition. Such conditions are void.
interstate trade Trade between states. EU competition rules (see COMPETITION LAw)
apply only when an anticompetitive agreement or *abuse of a dominant position
will affect trade between member states. Whether or not interstate trade is affected
is therefore crucial to any competition analysis. Agreements relating to imports or
exports are most likely to affect interstate trade, but so might an agreement
between two businesses situated in one member state, depending on the terms or
effect of the agreement.
intertemporal law The law that international courts apply when a long time has
elapsed since the conclusion of a treaty, to take into account changes that have
taken place in international law since the treaty was formulated and changes in the
meaning of the expressions in the treaty. The existence of a right (e.g. to a
territorial claim) should be based not only on the law in effect at the time the right
was created, but also on the international law as applied to the continued existence
of that right. The legitimacy of a title to territory must be renewed by the claimant
state.
intervention n. Action taken to intervene in markets, for example to support
prices, in the EU or within similar trading groups throughout the world. In the EU
it occurs in relation to the *Common Agricultural Policy. The European Commission
buys surplus produce at an agreed intervention price; the produce may be stored
until prices alter. This practice formerly led to butter or meat "mountains", but
goods held in intervention in this way have now largely been dissipated.
intestacyn. The state in which a person dies without having made a will disposing
of all his property. A total intestacy occurs when the deceased leaves no will at all
or a will that only appoints executors but does not dispose of any property; a
partial intestacy arises when a will deals with only part of the testator's estate. The
Administration of Estates Act 1925 as amended and orders made under it govern the
manner in which an intestate estate is to be administered, the persons entitled to
inherit, and the amounts and proportions of the estate they receive. The rules
relating to intestacy reflect the importance accorded to familial relationships: the
surviving spouse is given the larger share of the estate.
intimidation n. 1. The act of frightening someone into doing something.
Intimidation is not in itself a crime, but it may constitute part of a crime. For
example, it is a crime to have sexual intercourse with a woman if her agreement
was obtained by intimidation. It is a crime to intimidate a juror or witness in
relation to proceedings with which he is connected (see CONTEMPT OF COURT). If one
intimidates someone into handing over money or property, this may amount to
theft, and in some cases to blackmail. There are also special statutory offences of
threatening to destroy or damage someone else's property and threatening to kill
someone. A person who commits a crime when intimidated by others may
sometimes have a defence of *duress. See alsoTHREAT.
Under the Criminal Justice and Public Order Act 1994it is also an offence to
intimidate a person whom the offender believes to be a potential or actual witness
or juror. The offender must, however, have an intention to obstruct an investigation
or the course of justice although this will be presumed where it is proved that he
did an act that intimidates with that intention. Similar offences exist with regard to
reprisals against potential witnesses or jurors. On *summary conviction the
maximum penalty is six months' imprisonment and/or a fine up to the statutory
maximum of .5000,and on *indictment it is five years' imprisonment and/or an
unlimited fine.
2. A tort in which A, with the intention of injuring B, either directly threatens B
with some unlawful act or threatens C with an unlawful act in order to make him
cause damage to B.Thus if A threatens to do an unlawful act to B's employer (C)
unless he dismisses B,and C succumbs to the threat, B has an action for intimidation
against A for causing the loss of his job. It is irrelevant that C was entitled to
dismiss Band did not act unlawfully: the essence of the tort is A's unlawful threat.
The operation of the tort in *trade disputes is limited by statute.
intoxicating liquor For the purposes of the Licensing Act 1964, spirits, wine, beer,
porter, cider (including perry), and any other fermented, distilled, or spirituous
liquor. See also LICENSING OF PREMISES.
intoxication n. The condition of someone who is drunk or under the influence of
drugs. Although intoxication itself is not an offence (but see DRUNKENNESS), it is an
element in a number of offences. These include *drunken driving, being found
drunk in a public place, being drunk and disorderly in a public place, and being
drunk in a public place while possessing a loaded firearm. It is also an offence to
supply or offer to supply to a person under 18 a substance (e.g. a glue or solvent)
whose fumes are likely to be inhaled by that person for the purpose of causing
intoxication.
When a person is so intoxicated that he is incapable of forming the *mens rea
required to be guilty of a particular crime, he is usually entitled to be acquitted if
the crime is one that requires a specific intention (but not if it requires a basic
intention). A crime is one of basic intent if the mens rea required does not go
beyond the *actus reus of the crime (for example, rape, in which the actus reus is
sexual intercourse without the woman's consent and the mens rea is intention to
have sexual intercourse without her consent, or recklessness whether she consents
or not). A crime is one of specific intent if the mens rea required goes beyond the
actus reus (for example, theft, in which the actus reus is merely appropriating
someone else's property, but the mens rea - in addition to the intention of
appropriating it - requires an intention to deprive the owner of it for good).
Intoxication will not be a defence, however, if the crime is one of specific intent
that can be committed by being reckless and the indictment is framed in terms of
recklessness. For example, if a drunken person sets fire to a building and endangers
the lives of people in it, he may be guilty of destroying property being reckless as to
whether life would be endangered, even though he was unaware of the risk. He
could not, however, be guilty of damaging property intending to endanger life.
Intoxication is not a defence if a person deliberately drinks or takes drugs in order
to give himself Dutch courage to commit a crime.
intra vires [Latin: within the powers] Describing an act carried out by a body (such
as a public authority or a company) that is within the limits of the powers
conferred on it by statute or some other constituting document (such as the
memorandum and articles of association of a company). Compare ULTRA VIRES.
introductory tenancy A tenancy granted by a local authority or housing action
trust that is intended as a probationary tenancy for 12 months. This will not be a
*secure tenancy until the end of the 12 months. If the landlord wishes to seek
possession during the introductory tenancy, he must serve notice on the tenant, who
has 14 days to seek a review. After the review has been completed, the landlord must
notify the tenant of the decision and give reasons if the decision to evict stands.
invalid care allowance A taxable benefit under the Social Security Acts, payable
in certain circumstances to a person of working age who is not gainfully employed
because he (or she) is regularly and substantially engaged in caring for a severely
disabled relative. Those earning over .72 per week (2001) cannot claim.
invalidity benefit A former benefit under the Social Security Acts that replaced
sickness benefit after 28 consecutive six-day weeks. From April 1995sickness and
invalidity benefits were replaced by *incapacity benefit.
inventory n. A detailed list of assets or property. A lease of furnished premises or
a contract for the sale of chattels will usually contain an inventory from which the
particular items can be identified. Under the Administration of Estates Act 1925,
personal representatives must produce on oath an inventory of the deceased's estate
when called upon by the court (this duty is effectively discharged by lodging an
Inland Revenue account).
investigation of a company An inquiry into the running of a company made
by inspectors appointed by the Department of Trade and Industry acting under Part
XIVof the Companies Act 1985or the Financial Services Act 1986.It may be ordered
by the Secretary of State, on his own initiative or upon application by the
shareholders or the company itself, or by the court. Such an inquiry may be held to
supply company members with information or to investigate fraud, *unfair
prejudice, nominee shareholders, or *insider dealing. The inspectors' report is
usually published.
investigative help See COMMUNITY LEGAL SERVICE.
investment company A public listed company with a business of investing its
funds mainly in securities in order to spread investment risk and give company
members the benefit derived from the management of its funds. Investment
companies must give notice in prescribed form to the Companies Registry. Under
the Companies Act 1985 they are subject to special provisions in relation to
dividends.
invitation to treat See OFFER.
invitee ri. A person permitted to enter land or premises for a purpose in which the
occupier of the land has a material interest. An example of an invitee is a customer
in a shop. See OCCUPIER'S LIABILITY.
in vitro fertilization (IVF) See HUMAN ASSISTED REPRODUCTION.
involuntary conduct Conduct that cannot be controlled because one is suffering
from a physical or mental condition or is acting under *duress. Involuntary conduct
will often give rise to a defence of *automatism, although it may not be a defence if
one is aware of one's condition or induced it oneself. Sometimes conduct may be
regarded as involuntary if one is in control of one's faculties; for example, when the
brakes of a car suddenly fail; this will also afford a defence to a driving offence
charge.
IR35 A rule introduced with effect from 6 April 2000 that requires an individual
who provides services to an employer through an intermediary (such as a limited
company) to be taxed on the basis that he is an employee rather than self-employed.
This requires deduction of tax at source under the PAYE (*Pay As You Earn) rules
and gives less favourable treatments for the deduction of expenses than formerly.
irrebuttable presumption See PRESUMPTION.
irresistible impulse An uncontrollable urge to do something. Irresistible impulse
is not usually a defence in law and it will not afford a defence of *insanity, unless it
arises out of a disease of the mind as defined by the McNaghten Rules. When,
however, an impulse is irresistible in that the body reacts in an instinctive way to it,
there may be a defence of *involuntary conduct. An irresistible impulse may also
constitute *diminished responsibility. See also PROVOCATION.
irretrievable breakdown (of a marriage) See MARITAL BREAKDOWN; DIVORCE.
irrevocable adj. Incapable of being revoked. For example, *powers of appointment
may be made irrevocable. On the other hand, a testator of sound mind can revoke
his will at any time.
ISA See INDIVIDUAL SAVINGS ACCOUNT.
issue n. 1. The matter in dispute in a court action. 2. The children or other lineal
descendants of a person. 3. The total of bank notes in circulation within a country.
issued capital See AUTHORIZED CAPITAL.
issue estoppel *Estoppel arising in relation to an issue that has previously been
litigated and determined between the same parties or their predecessors in title. The
issue must be an essential element of the claim or defence in both sets of
proceedings. Unlike estoppel per rem judicatam, it does not prevent fresh evidence
from being introduced in relation to the issue previously determined. This type of
estoppel does not arise in criminal cases and its scope in civil cases is uncertain.
itemized pay statement The written statement that, under the Employment
Rights Act 1996,an employer must provide for every employee who works eight or
more hours a week, on or before each occasion wages or salaries are paid. The
statement must contain the following information: (1) the employee's gross pay for
the period; (2) the amounts and reason for any deductions; (3) the net amount paid;
and (4) the method of calculating the net pay when different parts are calculated
differently (e.g. if the pay is partly a basic wage and partly a commission or bonus
payment). The statement need not contain details of fixed deductions if it contains
an aggregate amount of these deductions and the employer has given the employee,
either before or at the time of payment, a standing written statement of fixed
deductions that contains the following particulars of each deduction: (1) the amount;
(2) the intervals at which the deduction is made; (3) the purpose for which it is made.
The standing statement of fixed deductions must be reissued within 12 months of
its first being issued and not more than every 12 months after that and it must
incorporate any amendments. An employee can apply to an *employment tribunal if
his employer fails to provide the statutory statement or reason for deductions. The
tribunal can order the employer to provide statements and also to refund any
unexplained deductions in respect of a period up to 13 weeks before the application.
IVF In vitro fertilization. See HUMAN ASSISTED REPRODUCTION.
No comments:
Post a Comment