unreasonable delay in enforcing an equitable right. If a claimant with full
knowledge of the facts takes an unnecessarily long time to bring an action (e.g. to
set aside a contract obtained by fraud) the court will not assist him; hence the
maxim "the law will not help those who sleep on their rights" and "equity aids the
vigilant". The defence of laches is only allowed if there is no statutory limitation
period. If there is such a period, the claimant can bring an action at any time up to
the expiry of the time stated. See ACQUIESCENCE; WAIVER.
Lady Day See QUARTER DAYS.
land n. Those parts of the surface of the earth that are capable in law of being
owned and are within the court's jurisdiction. Generally, ownership of land includes
the *airspace above it and the subsoil below. For the purposes of land law, the Law
of Property Act 1925defines land as including mines and minerals (whether or not
owned separately from the surface), buildings, and most interests in land. Chattels
fixed to the land so that they become part of it are also treated in law as land, under
the maxim quicquid plantatur solo, solo cedit (see FIXTURE).
land certificate A document issued by the Land Registry to the proprietor of
registered land as proof of his ownership of it. See LAND REGISTRATION.
land charge An interest in *unregistered land that imposes an obligation on the
landowner in favour of some other person (the chargee). If validly created and
registered where appropriate under the Land Charges Act 1972 at the *Land Charges
Department (see REGISTRATION OF ENCUMBRANCES), land charges will normally bind
purchasers of the land. Important examples of land charges created by act of the
parties include mortgages not protected by deposit of title deeds, binding contracts
for sale (including options and rights of pre-emption), *restrictive covenants that
affect freehold land, and equitable *easements. Some land charges arise under
statute; for example, a spouse's right to occupy the matrimonial home under the
Matrimonial Homes Act 1983 (a Class F land charge) and the Inland Revenue charge
for unpaid inheritance tax (a Class D land charge). Local land charges, which arise
in favour of local authorities from the exercise of their statutory powers, are
registered by the local authority itself and apply to *registered land as well as to
unregistered land.
Land Charges Department A department of the Land Registry, maintained
under the Land Charges Act 1972 to keep registers of certain interests affecting the
rights of persons owning *unregistered land (called estate owners). For the
interests capable of being registered, see REGISTRATION OF ENCUMBRANCES. Registration
of land charges against the name of the estate owner constitutes notice to everyone
of their existence and generally renders them binding upon purchasers of any
interest or estate in the land affected. A person contemplating taking such an
interest may apply to the Department for an *official search certificate, which will
reveal all interests registered against the estate owner's name.
landlord n. A person who grants a lease or tenancy. He need not be the outright
owner of the tenanted premises (he may, for example, be a lessee himself or even a
licensee). A landlord may be an individual, a local authority, a trustee, a personal
representative, or a corporation (such as a company). A landlord may provide services
to the tenant, such as heating, lighting, and porterage. There are statutory controls
on the amount that a landlord can charge for such services and procedures for
consultation with the tenants. The person who receives the rent is obliged to reveal
the landlord's identity on the tenant's request. When there is a change of ownership
the new landlord must inform the tenant within two months or when rent is next
due, whichever is the later. The kind of security of tenure a tenant has is affected
by who his landlord is. See ASSURED TENANCY; PROTECTED TENANCY; SECURE TENANCY;
RESTRICTED CONTRACT.
land registration The system of registering, at local branch offices of HM Land
Registry, certain legal estates or interests in land. Under the Land Registration Act
1925 compulsory registration was to be introduced in a specified area by Order in
Council; registration has now been extended to the whole of England and Wales, and
over 90% of all land in England and Wales is now registered land. There is, however,
no obligation on existing owners to register, but most transactions in land,
including sale, gift, legal mortgage, etc., now trigger registration by the new or
existing owner. If he fails to do so he does not acquire the legal estate and therefore
runs the risk that the vendor or landlord may sell to someone else who can acquire
a better title by registration. Existing owners or tenants under a lease having at
least 21 years to run may register their titles if they wish.
Upon registration of a title the Land Registry allocates a title number. Evidence of
title is provided by the issue of a land certificate to the owner (who is known as
the registered proprietor) or, if the land is in mortgage, a charge certificate to
the mortgagee. The certificate represents the registered title, which is in three parts,
comprising;
(1) The property register. This describes the land and any additional rights
incidental to it, such as rights of way over adjoining land. The filed plan shows the
location of the land, usually with a general indication of the position of the
boundaries. Registration of precise boundaries is possible under a special procedure
involving notice to adjoining owners and hearing their objections.
(2)The proprietorship register. This names the registered proprietor(s) of the land
and notes any restriction on their powers to dispose of it (for example, *restrictions,
*inhibitions, *cautions, etc.). The register also states the nature of the title, which
may be *absolute, *qualified, *possessory, or *good leasehold.
(3)The charges register. This details interests adverse to the proprietor, such as
mortgages, restrictive covenants, or easements to which the land is subject.
The land certificate fulfils a similar function to title deeds to unregistered land,
but if a more up-to-date record of the state of the registered title is required (for
example, by a prospective purchaser or mortgagee), the Land Registry will issue
*office copies or a certificate of *official search on application by the registered
proprietor or any person with his authority to inspect the register. A registered
proprietor's title is guaranteed by the state subject to *overriding interests, which
are not registrable in the charges register. The extent of the guarantee depends on
the nature of the title. The register can be rectified by the court in certain
circumstances to correct a mistake; compensation is generally paid by the
government to a party who suffers loss as a result.
Land Registry A statutory body established under the Land Registration Act 1925
to maintain registers of certain legal estates in land. See also LAND REGISTRATION.
Lands Tribunal A tribunal established by the Lands Tribunal Act 1949 to decide
disputes concerning compensation for the compulsory acquisition of land and
similar questions involving land valuation. It also determines disputes as to the
value of land or buildings for inheritance-tax purposes. Its members, who must be
legally qualified or experienced in valuation, are appointed by the Lord Chancellor,
and it is subject to the supervision of the *Council on Tribunals,
lapse n. The cancellation of a bequest when the beneficiary dies before the
testator. Thus, in general, if A's will leaves property to B but B predeceases A, the
bequest does not take effect. The property becomes part of A's residuary estate and
is distributed to his residuary beneficiaries. This rule is subject to the following
exceptions.
(1) When property is bequeathed to two or more persons as joint tenants, those who
survive the testator take the property.
(2)The Wills Act 1837 provides that when property is bequeathed to a child or
remoter descendant of the testator who predeceases him but leaves descendants of
his own who are alive at the testator's death, those descendants take the property
(subject to a contrary intention being expressed in the will). A similar rule applies
when property is left in tail (*entailed interest).
(3)Some gifts to charities that cease to exist before the testator's death may be
applied *cy-pres.
(4)Most importantly, the testator may stipulate what is to happen to the gift if the
beneficiary predeceases him.
lapse of offer The termination of an *offer as a result of the passage of time,
death, or the nonfulfilment of a condition. An offer made subject to a specified
time limit lapses after that time has passed; all other offers lapse after a reasonable
time. Death of the offeree causes an offer to lapse, but death of the offeror does not
always do so. The offer remains available for acceptance if the death is unknown to
the offeree and the resulting contract could be performed by the offeror's personal
representatives. An offer lapses if one or more conditions are not fulfilled. An offer
to buy goods, for example, is made on the assumption that they will remain in the
same condition until acceptance; it lapses if that ceases to be the case. See also
REJECTION OF OFFER; REVOCATION OF OFFER.
larceny n. Formerly (before 1969), *theft. Larceny was more limited than theft and
required an asportation (carrying away of the property).
latent ambiguity See AMBIGUITY.
latent defect See DEFECT.
law n. 1. The enforceable body of rules that govern any society. See also COMMON
LAW; NATURAL LAW. 2. One of the rules making up the body of law, such as an *Act of
Parliament.
Law Commission A body established by the Law Commissions Act 1965 to take
and keep the law under review with a view to systematically developing and
reforming it. In particular, it considers the codification of the law, the elimination
of anomalies, the repeal of obsolete and unnecessary enactments, a reduction in the
number of separate enactments, and simplification and modernization generally.
The Commission consists of a chairman and four other members, appointed by the
Lord Chancellor from among the holders of judicial office, barristers, solicitors, and
academic lawyers. There is a separate Commission for Scotland.
Law Lords See LORDS OF APPEAL IN ORDINARY.
law merchant The international practice of merchants relating to commercial
and maritime matters. In early times it influenced Admiralty law and the law
administered in local courts. Parts of the law merchant were absorbed into the
common law of England (e.g. that relating to negotiable instruments and the
transfer of bills of lading).
law officers of the Crown The *Attorney General, *Solicitor General, *Lord
Advocate, Solicitor General for Scotland, and Attorney General for Northern Ireland.
law of nations See INTERNATIONAL LAw.
law of the sea The rules of international law governing rights over the seas. The
seas are divided into several different areas. (1) The internal waters of a state (e.g.
rivers, lakes, ports, and harbours). A state may usually apply its laws to any
merchant ship within its internal waters. It may also apply navigation or health
regulations to foreign warships in such waters and exclude foreign warships from
its ports. (2)The *territorial waters. (3) The *high seas, beyond the territorial waters,
which are open to all nations for such purposes as navigation, fishing, laying of
submarine cables, and over-flying. Ships on the high seas are usually subject only to
international law (for example, in relation to acts of piracy) and the law of the
flagstate (usually dependent on registration in that state). There is also a limited
right of *hot pursuit. (4)The *continental shelf, which - although geographically
part of the high seas - is subject to specific rules.
The law of the sea is contained in customary international law and in the four
Geneva Conventions of 1958. Since 1982,when the United Nations Convention on the
Law of the Sea came into force, there is a comprehensive code governing the whole
of this law, which includes some completely new rules. To date (2001), 135 countries
have established their consent to be bound by this Convention; the UK acceded to
the treaty on 25 July 1997. In addition, many nations have subscribed to the related
1994Agreement Regarding the United Nations Convention on the Law of the Sea.
Even though some states chose not to ratify the 1982 Convention, many of the
Convention's principles have now passed into the corpus of customary international
law.
Law Reform Committee A body established by the Lord Chancellor to consider
particular areas of law that may need reform.
law reports Reports of cases decided by the courts, comprising a statement of the
facts of every case and the reasons the court gave for judgment. The earliest reports
were contained in the Year Books, which were published annually between 1283 and
1535.Their authors were anonymous and may have been student lawyers. The Year
Books were superseded by personalized reports, i.e. reports written privately by
lawyers (e.g.Chief Justice Coke) who appended their names to them. In 1865was
established the Incorporated Council of Law Reporting, a semiofficial body that
publishes TheWeekly Law Reports (formerly Weekly Notes). These are reports of
important cases selected by the Council, written by lawyers, and approved by the
judges involved. There are in addition still a number of commercially published
reports, e.g. the All England Law Reports, but the Court of Appeal and the House of
Lords will cite the reports of the Incorporated Council in preference to other
reports where there is a choice.
law sittings See SITTINGS.
Law Society The professional body for solicitors in England and Wales,
incorporated by royal charter in 1831. The Society exists both to further the
professional interests of solicitors and to discharge important statutory functions in
relation to the admission to practice, the conduct, and discipline of solicitors. It
issues annual *practising certificates to solicitors, without which they may not
practise, and through its disciplinary committee may strike a solicitor's name off
the roll or take other disciplinary action, subject to an appeal to the High Court. The
Society is responsible for the examination of intending solicitors and organizes
educational and training courses both through the College of Law and recognized
universities.
lay days (lying days) The number of days specified in a charterparty to enable
the charterer to load or discharge cargo. They begin to run as soon as the ship is an
arrived ship, i.e. has reached the berth or mooring specified in the charterparty. If
only a port is specified, the ship must have reached a position within that port at
which it is at the immediate and effective disposition of the charterer (the Reid
test). The charterparty may provide for the payment of dispatch money when the
charterer saves days in loading or discharging the cargo. Unless the charterparty
provides otherwise (e.g.by restricting them to good-weather working days), lay days
are running days,i.e. they run consecutively, without any break. See also DEMURRAGE.
laying an information Giving a magistrate a concise statement (an
information), verbally or in writing, of an alleged offence and the suspected
offender, so that he can take steps to obtain the appearance of the suspect in court.
Information can be laid by any member of the public, although it is usually done by
the police. If an arrest warrant is required, the information must be in writing and
on oath. Objections cannot normally be made to information laid, on the grounds of
formal defects or discrepancies between it and the prosecution's subsequent
evidence. But if the defect is fundamental to the charge the information will be
dismissed, and if the defendant was misled by a discrepancy, he may be granted an
adjournment of the trial.
LCJ See LORD CHIEF JUSTICE.
leader n. A *Queen's Counselor any barrister who is the senior of two counsel
appearing for the same party.
Leader of HM Opposition The leader in the House of Commons of the party in
opposition to the government that has the greatest numerical strength in the
House. By statute a salary is payable to him (in addition to his salary as an MP); any
doubt as to his identity is resolved by the Speaker.
Leader of the House See HOUSE OF COMMONS; HOUSE OF LORDS.
lead evidence To call or adduce evidence.
leading case A case, the legal reasoning in which establishes an important
principle of law. See PRECEDENT.
leading question A question asked of a witness in a manner that suggests the
answer sought by the questioner (e.g. "You threw the brick through the window,
didn't you?") or that assumes the existence of disputed facts to which the witness is
to testify. Leading questions may not be asked during *examination-in-chief (except
relating to formal matters, such as the witness's name and address) but may
normally be asked in *cross-examination.
leapfrog procedure 1. (Houseof Lords) The procedure for appealing direct to
the House of Lords from the High Court or a Divisional Court, bypassing the Court
of Appeal. The procedure is only allowed in exceptional cases. All parties must
consent and the case must raise a point of law of public importance, which either
relates wholly or partly to the interpretation of a statute or of a statutory
instrument or is one in respect of which the trial judge is bound by a previous
decision of the Court of Appeal or the House of Lords. The trial judge must certify
that he is satisfied as to the importance of the case and the House of Lords must
give permission to appeal in this way. 2. (Court of Appeal) The procedure by which
a High Court judge or the Master of the Rolls may transfer an appeal from a
decision of a district judge or master to the Court of Appeal. Under the Access to
Justice Act 1999and the *Civil Procedure Rules, which substantially revised
*appellate jurisdiction in the civil courts, such an appeal would normally be to a
circuit judge or a High Court judge. However, if the appeal is considered to raise an
important point of principle or practice, or if there is some other compelling reason
for the Court of Appeal to hear it, it may be transferred.
lease n. A contract under which an owner of property (the *Iandlord or lessor)
grants another person (the *tenant or lessee) exclusive possession of the property
for an agreed period, usually (but not necessarily) in return for rent and sometimes
for a capital sum known as a *premium. Unless it satisfies the conditions for a
*parollease, a lease must be made by a formal document (a *deed), which is itself
called a lease. If this is not done, however, there may still be an *agreement for a
lease. The lessee must have exclusive possession, i.e. the right to control the property
and to exclude everyone else from it (subject to any rights of entry or re-entry
reserved to the landlord). If possession is not exclusive, there is no lease but there
may be a *licence. A lease must be for a definite period, which may be a *fixed term
or by way of a *periodic tenancy. See also EQUITABLE LEASE; LEGAL LEASE.
The deed that creates the lease sets out the terms, which include the parties. the
property, the length of the lease, the rent, and other obligations (covenants),
particularly concerning repairs, insurance, and parting with possession. Certain
covenants are implied in all leases (though the lease may vary or exclude them). In
the case of the lessor these are; (1) not to derogate from his grant (i.e. he must not do
anything that would make the property unfit for the purpose for which it was let);
(2) *quiet enjoyment; and, in certain cases, (3) to ensure that the premises are *fit
for habitation. In the case of the tenant, the implied covenants are: (1) to pay the
rent; (2) to pay all ordinary rates and taxes; (3) not to commit *waste; and (4) to use
the property in a tenant-like manner, i.e. to do the sort of small maintenance jobs
that any reasonable tenant would be expected to do (he is not, however, responsible
for *fair wear and tear or other disrepair that is not his fault). See alsoASSIGNMENT;
COVENANT TO REPAIR.
leasehold adj. Held under a *Iease, i.e. for a period of fixed minimum duration. See
TERM OF YEARS ABSOLUTE.
leasehold ownership Ownership of property under a *Iease. The period of
ownership depends on the terms of the lease; it may vary from a very short time,
such as a week, to a very long period, such as 999 years. The tenant's ownership is
also restricted by the terms of the lease. Under the Leasehold Reform Act 1967,
holders of long leases (over 21 years) for houses may have a statutory right to
purchase the freehold or extend the existing lease by 50 years (see ENFRANCHISEMENT
OF TENANCY). The Leasehold Reform Act 1993 granted a similar right to leaseholders
of flats.
leasehold valuation tribunal A body that handles disputes over service charges
and over the purchase of leasehold property by tenants holding long leases; it also
appoints managers of leasehold properties when the landlords' managers are not
acceptable. Leasehold valuation tribunals started operating in 1997.
leave n. Permission given by the court to take some procedural step in litigation.
Situations in which permission is required include *service out of the jurisdiction
and appeals to higher civil courts (see APPELLATE JURISDICTION). Some items of evidence
may be admissible only upon permission being granted by the trial judge.
leave to defend An order of the High Court on a summons for *summary
judgment, granting the defendant leave to continue with his defence to the action.
The leave may be conditional (e.g. subject to the defendant paying the whole or
part of the claimant's claim into court) or unconditional.
legacy n. A gift of personal property effected by will (compare DEVISE). A general
legacy is a gift of property not identifiable with a specific asset or fund; for
example, a simple legacy of ".1000to A" or "my shares to B". A specific legacy is a
particular identifiable object, for example a named painting. It is liable to
*ademption but is otherwise payable by the deceased's personal representatives in
priority to general legacies. A demonstrative legacy is payable from a specified
fund; for example, ".500 from the .1000kept under my bed". Such a legacy is not
adeemed if the testator disposes of the fund during his lifetime and is payable in
priority to general legacies. Pecuniary legacies (i.e. gifts of cash) carry interest from
one year after the testator's death. A residuary legacy is one that disposes of the
whole of the testator's personal property after payment of debts and specific,
demonstrative, and general legacies.
legal aid scheme A scheme under the Legal Aid Act 1988whereby the payment
of legal costs was made out of public funds for those unable to meet the costs
themselves, provided that the person qualified under the financial and merits tests
laid down under the scheme. There were separate provisions for civil and criminal
cases. Civil legal aid had two components: legal advice and assistance (sometimes
known as the *green form scheme) and legal aid. Under the former, payment was
made to qualified lawyers under the scheme who provided legal advice and help
preliminary to litigation. Under legal aid, payment was made for the provision of
legal advice and assistance at all stages of litigation, including appeals. In criminal
cases, the court determined whether or not legal aid was granted and made a legal
aid order if it considered legal aid desirable in the interest of justice.
The legal aid scheme was replaced in April 2000 by the *Community Legal Service.
Under this new scheme of legal aid and assistance, the green form scheme was
replaced by the legal help scheme and legal aid was replaced by full representation;
there are, in addition, intermediate levels of service.
legal assignment See ASSIGNMENT.
legal easement See EASEMENT.
legal estate Ownership of land or an interest in land either in *ree simple
absolute in possession or for a *term of years absolute. Under the Law of Property
Act 1925 these are the only forms of ownership that can exist as legal estates in
land. All other forms, e.g. life interests and entailed interests, are equitable only.
legal fiction See FICTION.
legal fraud See CONSTRUCTIVE FRAUD.
legal help See COMMUNITY LEGAL SERVICE; GREEN FORM.
legal lease A contract or grant that creates an estate in land for a *term of years
absolute. A legal lease must normally be created by deed; however, there are no
formal requirements for the creation of a legal lease for a term that takes effect in
possession and does not exceed three years at a full market rent without a
premium. Under the Law of Property Act 1925,the *assignment of a legal lease of
whatever duration must be effected by deed, otherwise it may only take effect as a
contract to assign the term. A legal lease for more than 21 years must be registered
at the Land Registry (see LAND REGISTRATION). Compare EQUITABLE LEASE.
legal memory The period over which the law's recollection extends. Its
commencement was arbitrarily fixed at 1189by the Statute of Westminster I 1275.
Time before legal memory is referred to as time immemorial. Compare LIVING
MEMORY.
legal mortgage See MORTGAGE.
legal person A natural person (i.e. a human being) or a *juristic person.
legal rights 1. Rights recognized by the common law courts, as distinct from
*equitable rights or interests recognized by the Court of Chancery. In their
developed form, legal rights affect everyone whether or not they know (or ought
to know) of their existence (hence the expression "legal rights bind the world").
2. Generally, all rights recognized by the law (both common law and equity) as
having legal existence and effect, as distinguished from moral rights.
legal separation See JUDICIAL SEPARATION ORDER.
Legal Services Commission See COMMUNITY LEGAL SERVICE.
Legal Services Ombudsman An official, appointed by the Lord Chancellor
under the Legal Services Ombudsman (Jurisdiction) Order 1990,who is responsible
for hearing complaints against solicitors, barristers, and licensed conveyancers made
by their professional bodies.
legal year The period made up, in any year, of the four court *sittings.
legatee n. The person to whom a *legacy is given.
legislation n. 1. The whole or any part of a country's written law. In the UK the
term is normally confined to *Acts of Parliament, but in its broadest sense it also
includes law made under powers conferred by Act of Parliament (see DELEGATED
LEGISLATION), law made by virtue of the *royal prerogative. and Measures (see CHURCH
OF ENGLAND). 2. The process of making written law.
legislature n. The body having primary power to make written law. In the UK it
consists of Parliament, i.e. the Crown, the House of Commons, and the House of
Lords.
legitimacy n. The legal status of a child born to parents who were married at the
time of his conception or birth (or both). (See also LEGITIMATION.) There is a
presumption of legitimacy in all cases when the mother is married, so that
children of the marriage are presumed to be the offspring of the mother's husband.
This may be rebutted, however, either by showing that the husband was impotent
or absent on the date on which the child must have been conceived or by *blood
tests showing that he could not be the father. Children born of a voidable marriage
annulled since 1949are legitimate; those born of such a marriage annulled between
1937and 1949are legitimate only if the grounds of nullity were that the other
spouse was of unsound mind or epileptic or suffering from a communicable
venereal disease. Since 1959, children born of a void marriage are treated as
legitimate if at the time of their conception or insemination at least one of their
parents reasonably thought the marriage was valid and the father was domiciled in
England at the time of the child's birth. The Family Law Reform Act 1987 provides
that a child conceived, by a party to a marriage, through artificial insemination by a
donor, is to be treated as a legitimate child of that marriage.
Under certain conditions (specified in the Family Law Act 1986) a person may seek
a court declaration of his legitimacy. See also ILLEGITIMACY.
legitimate aim A prerequisite for interference with a *qualified right as set out
in the European Convention on Human Rights; a signatory state will be able to
interfere with a qualified right only if that interference is designed to pursue a
legitimate aim and the interference is a proportionate one (see PROPORTIONALITY).
Legitimate aims include national security, public order, the prevention of crime, etc.
legitimation n. The process of replacing the status of illegitimacy by that of
legitimacy. A living child may be legitimated if his parents marry one another,
provided that the father is domiciled in England or Wales at the date of the
marriage. Evidence that the husband recognized the child as his own may be
sufficient to establish his paternity for purposes of legitimation. Legitimation takes
effect from the date of the marriage and the child is treated thereafter as if he had
been born legitimate. Under the Family Law Act 1986,a person may seek a court
declaration that he is a legitimated person.
lessee n. The person to whom a *lease is granted. See alsoTENANT.
lessor n. The person by whom a *lease is granted. See alsoLANDLORD.
letter of attorney See POWER OF ATTORNEY.
letter of credence (/ettre de cniiance) A formal document by which the head of
an accredited state presents its newly appointed diplomatic agent to the head of
state of the host country.
letter of credit A document whereby a bank, at the request of a customer,
undertakes to pay money to a third party (the beneficiary) on presentation of
documents specified in the letter (e.g. bills of lading and policies of insurance). The
obligation of the bank to pay is independent of the underlying contract of sale and
so is not affected by any defects in the goods supplied under the contract of sale. A
contract of sale of goods may require the buyer to open an irrevocable letter of
credit in favour of the seller. This cannot be revoked by the issuing bank or the
purchaser of the goods before its expiry date, without the consent of the
beneficiary. A confirmed letter of credit is one in which the negotiating bank
guarantees payment to the beneficiary should it not be honoured by the issuing
bank.
letter of request (rogatory letter, letter rogatory) A letter issued to a foreign
court requesting a judge to take evidence from a specific person within that court's
jurisdiction. The resulting *deposition may be read at a subsequent court hearing.
letters of administration Authority granted by the court to a specified person
to act as an *administrator of a deceased person's estate when the deceased dies
intestate. Letters of administration cum testamento annexo (with the will annexed)
are granted when the deceased's will does not appoint executors or when the
executors named do not prove the will. In certain circumstances, letters of
administration may be granted for limited purposes to persons not entitled to deal
with the whole estate (see AD COLLIGENDA BONA; DURANTE ABSENTIA). See also DE BONIS
NON ADMINISTRATIS.
lex causae [Latin: the law of the case] In *private international law, the system of
law (usually foreign) applicable to the case in dispute, as opposed to the *lex fori.
lex domicilii [Latin] The law of *domicile. In *private international law, the law of
the country of domicile determines such matters as capacity to make a will in
respect of personal property, the validity of such a will, succession to personal
property, consent to marriage, and the proper law of a marriage contract or
settlement (see PROPER LAW OF A CONTRACT).
lex fori [Latin] The law of the *forum. In *private international law, the law of the
forum governs matters of procedure, the mode of trial, most matters relating to
evidence, the nature of the remedy available, and most matters of *limitation of
actions based on time bars.
lex loci actus [Latin] The law of the place where a legal act takes place. In *private
international law, this law governs such questions as whether or not property in a
bill of exchange or promissory note passes to the transferee and the formal validity
of an assignment of an intangible movable (e.g. a share in a trust fund). See also LEX
LOCI CELEBRATIONIS; LEX LOCI CONTRACTUS.
lex loci celebrationis [Latin] The law of the place of celebration of a marriage. In
*private international law, this law governs such questions as the formalities
required for a marriage (subject to four special exceptions), whether or not such a
marriage is monogamous or polygamous, and possibly what law governs impotence
or wilful refusal to consummate a marriage.
lex loci contractus [Latin] The law of the place where a contract was made. In
*private international law, this law governs such matters as the formal
requirements of a contract and the capacity to incur liability as a party to a bill of
exchange. Most other matters relating to contracts are governed by the *proper law
of the contract.
lex loci delicti commissi [Latin] The law of the place in which a delict (tort) is
committed. In *private international law as applied in most countries in Europe,
this law governs liability for torts. In some cases, however, it may be difficult to
establish where the tort was committed (for example, when goods negligently
manufactured in one country are distributed in another) or the place may be a
matter of mere chance (for example, when an aeroplane crashes and lands). For these
reasons, England does not accept the theory that liability in tort is governed by the
lex loci delicti.
lex loci situs [Latin] The law of the place where an object is situated. In *private
international law, this law usually governs such matters as succession to, title to, and
the right to possession of immovables and the essential validity of trusts of
immovables (for example, what estates can be created and whether or not gifts to
charities are valid).
lex loci solutionis [Latin] The law of the place where a contract is to be
performed or a debt is to be paid. In *private international law as applied in
England, the lex loci solutionis governs the due date for payment of a *bill of
exchange but does not usually govern matters relating to the law of contract.
liability n. 1. An amount owed. 2. A legal duty or obligation. See BUSINESS LIABILITY;
OCCUPIER'S LIABILITY; PARENTS' LIABILITY; PRODUCTS LIABILITY; STRICT LIABILITY; VICARIOUS
LIABILITY.
libel n. A defamatory statement made in permanent form, such as writing,
pictures, or film (see DEFAMATION). Radio and television broadcasts, public
performance of plays, and statements posted on the Internet are treated as being
made in permanent form for the purposes of the law of defamation. A libel is
actionable in tort without proof that its publication has caused special damage
(actual financial or material loss) to the person defamed. Libel can also be a crime
(criminal libel). Proof of publication of the statement to third parties is not
necessary in criminal libel and truth is a defence only if the statement was
published for the public benefit.
liberty and freedom from arbitrary detention A right set out in Article 5 of
the European Convention on Human Rights and now part of UK law as a
consequence of the *Human Rights Act 1998. All detentions must be prescribed by
law and detentions must only be for one of the specified purposes set out in Article
5. Those detained must promptly be given reasons for their detention and then at
regular intervals have access to a court to test the lawfulness of their continued
detention. Those remanded in custody pending a criminal trial must be released on
bail unless their detention is justified and they shall be entitled to trial within a
reasonable time. There is an enforceable right to compensation for unlawful
detention.
licence n. 1. Formal authority to do something that would otherwise be unlawful.
Examples include a *driving licence, a licence for selling intoxicating liquor (see
LICENSING OF PREMISES), and a licence by the owner of a patent to manufacture the
patented goods. 2. (in land law) Permission to enter or occupy a person's land for an
agreed purpose. A licence does not usually confer a right to exclusive possession of
the land, nor any estate or interest in it: it is a personal arrangement between the
licensor and the licensee. A bare licence (i.e. gratuitous permission to enter or
occupy the licensor's land) can be revoked at any time and cannot be assigned by the
licensee to a third party (see BARE LICENSEE). A contractual licence cannot be revoked
during the period the parties intended it to last. Neither type is by itself binding on
third parties acquiring the land from the licensor. However, if the licence is
coupled with a grant of property or of an interest in land, the licence may be
irrevocable and binding on the licensor's successors in title. For example, if A grants
to B the right to catch and remove fish from water on his land, a licence to enter
A's land to take up this *profit a prendreis necessarily implied and will be
irrevocable for the duration of the profit. The profit, as a legal interest over A's
land, will bind A's successors in title, as will the licence that is irretrievably bound
up with it. A bare or contractual licence may become irrevocable by the licensor or
binding on a third party acquiring the land from the licensor if the circumstances
give rise to a proprietary *estoppel or a *constructive trust.
licensed conveyancer A person, other than a solicitor, who is qualified to
practise *conveyancing. Entry to this profession, which was created in 1985in
response to recommendations by the *Farrand Committee, is by examination; the
level of competence required, ethics, and professional conduct are regulated by the
Council for Licensed Conveyancers. The Solicitors Act 1974 makes it an offence for
an "unqualified person" (i.e. a non-solicitor) to undertake conveyancing for reward,
but from May 1987, the Administration of Justice Act 1985made an exception in the
case of licensed conveyancers.
licensee n. 1. A person who has been granted a licence, most commonly used of
one who has been granted a licence by a magistrates' court to sell intoxicating
liquor (see LICENSING OF PREMISES) or one who has been granted a licence to use
intellectual property, such as *patents. 2. A person with permission to do what
would otherwise be unlawful. In relation to land, a licensee is one who enters land
with the express or implied permission of the occupier. See LICENCE; OCCUPIER'S
LIABILITY.
licensing of premises The granting of a justices' licence authorizing the sale by
retail of *intoxicating liquor either for consumption on or off the premises (an onlicence)
or for consumption off those premises only (an off-licence). Licensing
justices deal with the grant, renewal, and transfer of licences at a general annual
licensing meeting (the brewster sessions) in the first fortnight of every February
and at regular licensing sessions thereafter.
lie in grant To be capable of being transferred by deed. Land and interests in it lie
in grant; property that can be transferred by physical delivery lies in livery.
lie in livery See LIE IN GRANT.
lien n. [via Old French from Latin ligamen, a binding] n. The right of one person to
retain possession of goods owned by another until the possessor's claims against the
owner have been satisfied. The lien may be general, when the goods are held as
security for all outstanding debts of the owner, or particular, when only the claims
of the possessor in respect of the goods held must be satisfied. Thus an unpaid seller
may in some contracts be entitled to retain the goods until he receives the price (see
alsoUNPAID VENDOR'S LIEN), a carrier may have a lien over goods he is transporting,
and a repairer over goods he is repairing. Whether a lien arises or not depends on
the terms of the contract and usual trade practice. A lien may be waived and can be
lost, for example when an owner in possession sells goods to a buyer ignorant of a
third party's lien. This type of lien is a possessory lien, but sometimes actual
possession of the goods is not necessary. In an equitable lien, for example, the claim
exists independently of possession. If a purchaser of the property involved is given
notice of the lien it binds him; otherwise he will not be bound. Similarly a maritime
lien, which binds a ship or cargo in connection with some maritime liability, does
not depend on possession and can be enforced by arrest and sale (unless security is
given). The lien accordingly travels with the ship or cargo when possession changes,
and is good against a bona fide purchaser without notice. Examples of maritime liens
are the lien of a salvor, that of seamen for their wages and of masters for their
wages and outgoings, that of a bottomry or respondentia bondholder (see
HYPOTHECATION), and that over a ship at fault in a collision in which property has
been damaged. A maritime lien is enforceable by proceedings *in rem. See also
SOLICITOR'S LIEN.
life assurance *Insurance providing for the payment of a sum on the occurrence
of an event that is in some way dependent upon a human life. In endowment
assurance the insurer is liable to pay a fixed sum either at the end of a fixed period
or at death if the insured should die in the meantime. Whole-life assurance
provides for the payment of a fixed sum on the death of the insured. Term (or
temporary) assurance provides for a fixed sum to be paid in the event of the death
of the insured within a specified period.
life estate See LIFE INTEREST.
life imprisonment Punishment of a criminal by imprisonment for the rest of his
life. The only crime that always carries a sentence of life imprisonment is murder,
but there are many crimes (e.g.arson, manslaughter, wounding with intent, and
rape) that carry a maximum penalty of life imprisonment, which is imposed in
serious cases, and the Crime (Sentences) Act 1997 provides for a mandatory sentence
of life imprisonment for those convicted for a second time for certain of these
crimes (see REPEAT OFFENDER). In practice the imprisonment may often not be for life:
the Home Secretary may order the release of a life prisoner on licence, on the advice
of the Parole Board (see PAROLE) and after consulting the Lord Chief Justice (and, if
possible, the trial judge). The Crime (Sentences) Act 1997provides that the Parole
Board has responsibility for the release of juveniles convicted of murder, rather
than the Home Secretary. When imposing life imprisonment for murder, the judge
may make a recommendation that the defendant should serve a minimum term
(number of years), which is usually not less than 12 years and up to 35 years. This
recommendation is not legally binding on the Horne Secretary, but in practice he
will almost always follow it. Judges are also empowered to make a private
representation to the Home Secretary, when imposing a life sentence, pointing out
any special mitigating factors that might induco him to release the prisoner at an
early date.
life interest (life estate) An interest in proporry subsisting only during the
lifetime of the person to whom it was granted (e.g, "to A for life") or of some other
person (e.g. "to A during the life of B"). The latt~r type is called an "estate (or
interest) pur autre vie.Under the Law of Property Act 1925a life interest in land
cannot exist as a legal estate, only as an *equitable interest. Until 1997the creation
of a life interest in land created a settlement, governed by the Settled Land Act 1925.
Since that date it creates a *trust of land, governed by the Trusts of Land and
Appointment of Trustees Act 1996.See SETTLED LA.ND.
life peerage A nonhereditary peerage of the rank of baron or baroness created by
the Crown by letters patent under the Life Peerages Act 1958. The purpose of the
Act was to strengthen the composition of the House of Lords, and there is no limit
to the number of peerages that may be created. The peerage of a Lord of Appeal in
Ordinary is also for life but is not customarily included among life peerages.
life policy A policy providing a formal embodiment of a contract of "life
assurance. The benefit of a life policy can be assigned to a third party.
life tenant See TENANT FOR LIFE.
lifting the veil The act of disregarding the veil of *incorporation that separates
the personality of a corporation from the persoualities of its members. This
exceptional course is occasionally sanctioned by statute, for example in relation to
*wrongful trading or *fraudulent trading and inaccurate use of company names,
when it may result in members of a limited conipany losing their limited liability. It
is also employed by the courts, for example if incorporation has been used to
perpetrate fraud or gives rise to unreal distinctions between a company and its
subsidiary companies, but never so as to defeat limited liability. Very occasionally
the courts openly disregard corporate personality but more often they evade its
inconvenient consequences by deciding that the acts were performed by the
corporation acting as agent or trustee for the company members, to whom
therefore they should be attributed.
limitation of actions Statutory rules limiting the time within which civil
actions can be brought. Actions in simple contract and tort must be brought within
six years of the accrual of the *cause of action (in the case of contracts, within six
years of the date of the contract). In actions in respect of land and of contracts
made by deed the period is 12 years from the accrual of the cause of action. Time
does not run against a party under a disability until the disability ceases.
Special rules apply in the following cases. (1) If the claim is for damages for
personal injury or death caused by negligence, nuisance, or breach of duty, the limit
is three years from the accrual of the cause of action or (if later) from the date
when the claimant knew of the relevant circumstances, but the court has a
discretion to extend the period. (2) In other tort actions for negligence the period is
six years from when the cause of action accrued or (if later) three years from the
date when the claimant knew or should have known the material facts about the
damage, but no action may be brought more than 15 years after the date of the
defendant's alleged negligence. Changes in ownership of the property damaged do
not extend the period. Each owner can sue but once time has started to run against
one owner, it continues to run against his successors. (3) In strict liability actions for
defective products (see PRODUCTS LIABILITY), the period is three years from accrual of
the cause of action or (if later) the date when the claimant knew or should have
known the material facts, but not later than ten years from when the product was
put into circulation.
The present law is contained in the Limitation Act 1980,the Latent Damage Act
1986,and the Consumer Protection Act 1987.
limited administration (special administration) The administration of a
deceased person's estate for restricted purposes specified by the court in the *lett~rs
of administration. Examples of such grants include grants *ad colligenda bonaand
*durante absentiaand grants for the administration of an estate during the minority
of a child appointed as executor by the will.
limited company A type of company incorporated by registration under the
Companies Act whose members have a limited liability towards their company. Most
companies are in this category. In a company limited by *shares, members must pay
the nominal value (see AUTHORIZED CAPITAL) of their shares either upon *allotment or
subsequently (see CALL). In a company limited by guarantee (a guarantee company)
members must pay an agreed nominal amount (the guarantee), usually .1-.5, to
their company in the event of a winding-up. The guarantee fund is intended to be
for the benefit of company creditors when the company is wound up and members'
liability to contribute to it cannot be reduced or extinguished by the company.
Because payment of the guarantee is postponed guarantee companies often lack a
working capital and are therefore more appropriate for charitable or social purposes
than for trading.
The name of a limited company must end with the words "Limited" (or "Ltd.") iII
the case of a private company and "public limited company" (or "pic") in the case of
a public company (or their Welsh equivalents; see WELSH COMPANY) as a warning to
creditors of the limit upon members' liability. See also CHANGE OF NAME. Compare
UNLIMITED COMPANY.
limited executor A person appointed by a will to deal only with specified
property, not the whole of the deceased's estate. Compare LIMITED ADMINISTRATION.
limited liability partnership A legally recognized entity defined under the
Limited Liability Partnership Act 2000,which is capable of entering into contracts in
its own right and is correspondingly liable for debts under those contracts. Any two
or more persons associated for carrying on a lawful business with a view to profit:
may set up such a partnership under the Act. This type of business organization i~
intended to combine the flexibility of a traditional *partnership with the corporate
notion of limited liability. Under the provisions of the Act there is power to apply
sections from both the Partnership Act 1890and the Companies Act 1985,as
appropriate, when dealing with the internal relations of the partners and limited
liability, respectively. Persons intending to set up a limited liability partnership
must register it with the *Companies Registry. There are also several disclosure
requirements that are similar in nature to those required by companies.
limited owner A *tenant for life or a *statutory owner of land comprised in a
settlement.
limited owner's charge An equitable charge on land securing repayment to a
*limited owner of inheritance tax paid by him to the Inland Revenue on the
acquisition of his interest. The tax is normally payable out of the trust property but
if the limited owner pays it personally (e.g. to avoid having to sell land when the
trust money is insufficient to cover the tax) the charge arises to secure his
reimbursement. The charge is registrable (see REGISTRATION OF ENCUMBRANCES).
limited partnership See PARTNERSHIP.
Lincoln's Inn An *lnn of Court situated between Carey Street and Holborn. The
records of the Inn, the Black Books, survive in a continuous series from 1422 to the
present. By tradition, barristers practising in the *Chancery Division of the High
Court normally belong to Lincoln's Inn.
linked transaction (under the Consumer Credit Act 1974) A transaction (except
one for the provision of security) that is linked to, but not part of, a *regulated
agreement (the principal agreement) and is entered into by a debtor or hirer with
any other person. A linked transaction may comply with a term of the principal
agreement (e.g. if the principal agreement requires that the goods be insured with
X) or it may be financed by the principal agreement if the latter is a "debtorcreditor-
supplier agreement. Alternatively it may be suggested by a creditor or
owner to the debtor or hirer. The latter then enters into the linked transaction
either to induce the creditor or owner to enter into the principal agreement, or for
some other purpose related to the principal agreement, or - when the principal
agreement is a *restricted-use credit agreement - for a purpose related to a
transaction financed by the principal agreement.
liquidated damages See DAMAGES.
liquidated demand A demand for a fixed sum, e.g. a debt of .50. Such a demand
is distinguished from a claim for unliquidated *damages, which is the subject of a
discretionary assessment by the court.
liquidation n. See WINDING-UP.
liquidation committee A committee set up by creditors of a company being
wound up in order to consent to the "liquidator exercising certain of his powers.
When the company is unable to pay its debts, the committee is usually composed of
creditors only; otherwise it consists of both creditors and *contributories. See also
COMPULSORY WINDING-UP; VOLUNTARY WINDING-UP.
liquidator n. A person who conducts the *winding-up of a company. Unless he is
the "official receiver, he must be a qualified *insolvency practitioner. See also
COMPULSORY WINDING-UP; LIQUIDATION COMMITTEE; PROVISIONAL LIQUIDATOR; VOLUNTARY
WINDING-UP.
lis alibi pendens [Latin] A suit pending elsewhere. The fact that there is already
litigation pending between the same parties in respect of the same subject matter
in another jurisdiction may give the defendant a ground on which he can obtain a
*stay of proceedings. However, he must show that the continuance of the English
action would cause an injustice to him and would not cause injustice to the
claimant.
lis mota [Latin] A court action that has been set in motion.
lis pendens [Latin] A "pending action.
listed building A building of special architectural or historic interest specified on
a list compiled or approved by the Secretary of State. Listed buildings are graded
according to their importance. It may be demolished or altered in character only
with listed-building consent granted by the local planning authority (see TOWN AND
COUNTRY PLANNING) or the Secretary of State. See also BUILDING PRESERVATION NOTICE;
CONSERVATION AREA.
listed company A company that has satisfied the listing rules of the "Stock
Exchange and whose shares may therefore be quoted and traded on the Listed
Market. Listed companies are subject to continuing obligations of disclosure to the
Stock Exchange.
Listed Market See STOCK EXCHANGE.
lists pl. n. Calendars of cases awaiting trial. A court may maintain several lists
comprising different types of case. Thus in the High Court there is the Queen's
Bench nonjury list, the jury list, the "short cause list, etc. A case enters the list after
it has been allocated for trial.
literal rule See INTERPRETATION OF STATUTES.
litigant n. A person who is a party to a court action. A litigant may present his
case personally to the court. If he does so, he may be assisted by a friend who can
take notes and advise but cannot assist in the actual presentation of the case (a
McKenzie friend). Alternatively, a litigant may be represented by a "barrister or,
where appropriate, a "solicitor. A successful litigant can usually claim his legal
"costs from his opponent. If the litigant did not have legal representation he may
claim costs for the work he has done himself that would otherwise have been
carried out by a lawyer.
litigation n. 1. The taking of legal action by a "litigant. 2. The field of law that is
concerned with all contentious matters.
litigation friend An adult responsible for the conduct and cost of legal
proceedings instituted on behalf of, or against, a child or a mentally disordered
person. Before the introduction of the Civil Procedure Rules in 1999 such a person
was called a next friend. See also OFFICIAL SOLICITOR.
lives in being See RULE AGAINST PERPETUITIES.
livestock See CLASSIFICATION OF ANIMALS.
living apart The condition required to establish "desertion or separation as
evidence that a marriage has irretrievably broken down (see DIVORCE). A couple may
be living apart for divorce purposes even when living under the same roof, if they
are living in separate households. In order to satisfy this test, all form of common
life between the parties must have ceased.
living instrument See INSTRUMENT.
living memory The period over which the recollection of living people extends.
Compare LEGAL MEMORY.
living on immoral earnings Using money obtained from prostitution for one'S
livelihood or upkeep. It is an offence punishable by up to seven years' imprisonment
for a man (but not for a woman) to knowingly live on the proceeds of female
prostitution. The offence is normally committed by a man who lives with a
prostitute and is wholly or mainly kept by her or by a man who runs a "brothel or
in any other way forces or helps a prostitute to commit prostitution. In all these
cases he is assumed to be knowingly living on her immoral earnings unless he can
prove that he is not. The offence also covers supplying goods or services that relate
only to prostitution (e.g.advertising for pay the names and addresses of prostitutes
or driving them and their clients to places where they might have intercourse). The
offence does not include selling ordinary items to prostitutes or renting them
accommodation (unless this is used only for prostitution or a higher rent is charged
because they are prostitutes). It is also an offence for either a man or a woman to
knowingly live on the proceeds of male prostitution, and it is an offence for one
woman to force another into prostitution or to aid her prostitution for financial
gain.
living together See COHABITATION.
U See LORD JUSTICE OF APPEAL.
Lloyd's A society of *underwriters that was incorporated by Act of Parliament in
1871. Originally Lloyd's only provided marine insurance but they now also provide
other kinds. The *insurance is undertaken by syndicates of private underwriters
(names), each of which is managed by a professional underwriter; since 1992 limited
companies have been allowed to become names. Each name underwrites a
percentage of the business written by the syndicate and has to deposit a substantial
sum with the corporation before being admitted as an underwriter. The public deals
with the underwriters only through Lloyd's brokers.
loan capital Money raised by a company issuing *debentures. The aggregate
amount borrowed by the company with each issue is sometimes referred to as
stock.
loan creditor A creditor of a company, such as a person who holds redeemable
*loan capital issued by the company. For the purposes of tax law, loan creditors
(other than banks) are participators in *close companies.
local Act See ACT OF PARLIAMENT.
local authority A body of councillors elected by the inhabitants of a local
government area (see FRANCHISE) to exercise local government functions. In England
(except *Greater London and the metropolitan county areas) county areas are
governed either by *county councils and *district councils (in a two-tier system) or
by *unitary authorities (single-tier system); this mixed system of local government
was introduced between 1996 and 1998,which resulted in the reorganization of some
local government areas. There are in addition *parish councils for parishes with 200
or more electors. In Wales the local authorities are the county council, the county
borough council, and the *community council. The Welsh county and county
borough councils are unitary authorities.
All councillors are elected for four years. County councillors are elected every
fourth year counting from 1981, and parish and community councillors every fourth
year from 1979. Metropolitan district councillors are elected by thirds, one in each
year other than a former county council year, and other district councillors
according to whether their council has opted for this method or for simultaneous
election in every fourth year from 1979. A candidate for election to any local
authority must be over 21 and a commonwealth citizen or citizen of the Republic of
Ireland, must have sufficient local connection (e.g. residence, local employment, or
voting rights), and must not be disqualified (e.g.by reason of being a bankrupt or
holding paid employment under the authority).
Localauthorities and children. Local authorities have statutory responsibilities for
children in their area. The Children Act 1989 requires local authorities to provide
services for *children in need so that wherever possible they may be brought up by
their own families, thus avoiding the need for instituting care proceedings. The Act
specifies certain services that local authorities must provide. These include:
appropriate day care provision for under fives and after school and holiday activities
for children of school age; advice, guidance, and counselling; home help; transport or
assistance with travel expenses in order to use any of the services provided and
assistance with holidays; and family centres for all children in their area. Local
authorities are also under a duty to provide accommodation for children whose
parents are unable to do so (see VOLUNTARY ACCOMMODATION). An important objective
of the Children Act is to promote the provision of these services as positive help for
children in need. Emphasis is placed on the need for local authorities and families to
work in partnership and often on the basis of written agreements. Local authorities
also have a duty to investigate when they suspect that children in their area are
being ill treated or neglected. If their suspicions are confirmed they must apply for
a *care order, an *emergency protection order, or a *supervision order, as
appropriate (see also SECTION 47 ENQUIRIES). In relation to adoption, local authorities
are obliged to maintain an *adoption service and to report to the court in respect of
non-agency adoption applications.
local government A form of government in which responsibility for the
regulation of certain matters within particular localities (*local government areas) is
delegated by statute to locally elected councillors (see LOCAL AUTHORITY).
local government area An area constituting a unit for local government
purposes. The local government areas in England (except *Greater London) are the
*county, the *district, and the *parish. In certain parts of England *unitary
authorities replaced nonmetropolitan county and district councils between 1996and
1998,which resulted in the reorganization of some local government areas. In Wales
the areas are the county, the county borough, and the *community; counties and
county boroughs, which are administered by unitary authorities, replaced the twotier
system of counties and districts in April 1996.
local government boundary commissions Two bodies established by the
Local Government Act 1972 to undertake regular reviews of local governmen
areas in England and Wales, respectively, and to propose alterations designed to improve
the effectiveness and convenience of local government. Under the Local Government
Act 1992 they were replaced by the *Local Government Commission for England and
the Local Boundary Commission for Wales.
Local Government Commissioners See COMMISSIONS FOR LOCAL ADMINISTRATION.
Local Government Commission for England A body, established under the
Local Government Act 1992,consisting of a Chairman and Chief Executive appointed
by the Secretary of State for the Environment; the Chairman is empowered to
appoint staff. The Commission was charged with the review of *local government
areas in accordance with the directions of the Secretary of State. It can recommend
structural changes - the replacement in any nonmetropolitan area of the two
principal tiers of local government with a single tier (see UNITARY AUTHORITY);
boundary changes; and electoral changes, such as changes in the number of
councillors of the council for that area and the name of the area.
local land charge See LAND CHARGE; REGISTRATION OF ENCUMBRANCES.
local land charges register See REGISTRATION OF ENCUMBRANCES.
local laws Laws applying in only one locality, such as the area of a local authority
(see BYELAW). In 1996 the Law Commission published a four-volume Chronological
Table of Local Legislation to help those wanting to find out whether a local Act has
been passed that affects them or their property. The table lists all 26,500or so local
Acts passed since 1797and states whether or not they are in force and how they
have been amended.
local lottery See LOTTERY.
lock-out agreement A contract between a potential purchaser and the vendor of
a property in which the vendor agrees that for a fixed period, such as two weeks, he
will take the house off the market and not accept any other offers. Meanwhile the
purchaser moves towards a quick *exchange of contracts, with the aim of securing
the sale within that period. If the vendor breaches the agreement by accepting
another offer, he can be sued for *breach of contract. Many vendors will not accept
such agreements and some lawyers have argued they are unenforceable.
locus sigilli [Latin: place of the seal) See DEED.
locus standi [Latin: a place to stand] The right to bring an action or challenge
some decision. Questions of locus standi most often arise in proceedings for *judicial
review.
lodger n. A person who is given occupation of part of a house in return for rent,
where the premises remain under the close control of the owner. A lodger normally
has a mere *licence rather than a tenancy.
loitering n. See sus LAW.
London See CITY OF LONDON; GREATER LONDON.
London Assembly A component of the *Greater London Authority, created by
the Greater London Authority Act 1999, consisting of 25 members, of whom 14 are
*Constituency Members and 11are *London Members. The principal functions of
the Assembly are to review and investigate actions and decisions of the *Mayor of
London and to submit proposals to the Mayor. It may amend the Mayor's budget and
it provides members to serve on the Metropolitan Police Authority, the London Fire
and Emergency Planning Authority, and the London Development Agency.
London borough See GREATER LONDON.
London Development Agency A body created by the Greater London Authority
Act 1999to further the economic development of London, by promoting business
efficiency and investment.
London Members Members of the *London Assembly who jointly represent the
"Londonwide" constituency. The 11London Members are elected every four years in
May by voters in London, at the same time as *Constituency Members and the
*Mayor of London are elected.
long tenancy For statutory purposes, a *fixed-term tenancy for a period
exceeding 21 years. Where the rent is less than two-thirds of the property's rateable
value, the tenancy is excluded from being an *assured tenancy. However, it will
qualify for special protection if it would have been a *protected tenancy had the
rent not been a low one. This allows the tenant to continue the tenancy beyond the
fixed term. In such cases, if the landlord wishes to terminate the tenancy at the end
of the fixed term, he must serve a statutory notice at least 6 months, but not more
than 12 months, before the end of the tenancy. In this notice he can either propose a
*statutory tenancy (the terms of which must be agreed with the tenant or settled
by a court) or he can claim the right to resume possession of the premises. In the
latter case he must have statutory grounds for possession, which correspond to
those required for possession of a protected tenancy. If the tenant contests this
notice, the landlord must apply for a court order for possession. If this is refused,
the tenant will be entitled to a statutory tenancy. Long tenancies made after the
coming into force of the Housing Act 1988are not protected in this way because no
new protected tenancies can be made after that date. See alsoENFRANCHISEMENT OF
TENANCY.
long title See ACT OF PARLIAMENT.
Long Vacation A *vacation of the Supreme Court lasting from 1 August to 30
September. During the Long Vacation only certain kinds of urgent business (called
vacation business) can be transacted. It was formerly the rule in the High Court
that statements of case could not be served during the Long Vacation, but this rule
has now been abolished.
Lord Advocate The chief law officer of the Crown in Scotland, corresponding to
the *Attorney General in England. He has ultimate responsibility for criminal
prosecutions in Scotland, being assisted by a Solicitor General, advocates depute, and
*procurators fiscal. He is normally a supporter of the ruling party and resigns his
office upon a change of government, but he is not always a Member of Parliament.
Lord Chancellor The head of the judiciary, a government minister (in charge of
the Lord Chancellor's Department), and Speaker of the House of Lords. He thus
combines judicial, executive, and legislative functions. He is entitled to preside over
the House when it sits as a final court of appeal; he appoints magistrates, makes
recommendations for higher judicial appointments, and oversees such matters as the
administration of the courts, the Community Legal Service, law reform, data
protection, and human rights. As Speaker, he normally presides from the Woolsack
over legislative proceedings but is free to vacate his seat and take part in debates
and divisions. He is appointed by the Crown on the advice of the Prime Minister and
(since 1974) may be a Roman Catholic. Conduct
Lord Chancellor's Advisory Committee on Legal Education and Conduct
A committee established by the Courts and Legal Services Act 1990 to assist in the
maintenance and development of standards in the education, training, and conduct
of those offering legal services. It consists of a senior member of the judiciary as
chairman, practising and academic lawyers, and lay members.
Lord Chief Justice (LCJ) The chief judge of the *Queen's Bench Division of the
High Court. He ranks second only to the Lord Chancellor in the judicial hierarchy. It
was formerly the practice to appoint the Attorney General when a vacancy in the
office occurred but this practice has now been abandoned and recent LC]s have been
either *Lords Justices of Appeal or *Lords of Appeal in Ordinary on appointment.
The LC]is ex officio a member of the Court of Appeal and is President of its
Criminal Division.
Lord Justice of Appeal (U) An ordinary judge of the *Court of Appeal. The Lord
(and Lady) Justices (LJJ) are normally appointed from those holding the post of a
High Court judge or those possessing a ten-year High Court qualification under the
Courts and Legal Services Act 1990.They become members of the Privy Council on
appointment.
Lords, House of See HOUSE OF LORDS.
Lords of Appeal in Ordinary (Law Lords) Up to 11 persons, holders of high
judicial office or practising barristers of at least 15 years' standing, who are
appointed to life peerages under the Appellate Jurisdiction Act 1876 to carry out the
judicial functions of the *House of Lords.
loss leader A product or service offered for sale by an organization at a loss in
order to attract customers. The Competition Act 1998 prohibits *predatory pricing
by dominant companies, as does Article 82 of the Treaty of Rome. Nondominant
companies, however, are largely free to set their own resale pricing policy. See also
RESALE PRICE MAINTENANCE.
loss of amenity Loss or reduction of a claimant's mental or physical capacity to
do the things he used to do, suffered as a result of personal injuries. In actions for
personal injuries the claimant may recover damages for loss of the amenities of life,
in addition to his financial losses and an award for *pain and suffering. Thus loss of
the ability to play games or a musical instrument, if these were the claimant's
hobbies, will be taken into account in fixing damages. The assessment is based on an
objective view of the value of the loss of these amenities to the claimant.
loss of services An action in tort (per quod servitium amisit) could formerly be
brought against someone who had caused a parent to be deprived of the services of
a child or a master to be deprived of the services of a menial servant. Both forms of
action were abolished by the Administration of Justice Act 1982.
lost modern grant A legal fiction by which a court will uphold a claim to an
easement over another's land by presuming it to have been created by a formal
*grant (i.e. a deed) that has been lost, if the claimant can show 20 years'
uninterrupted exercise of the easement as of right (i.e. other than as a *licensee).
The claim can be defeated only by proof that the grant could not have been made at
any time during the period of use; for example, if the *servient tenement was at all
relevant times owned by someone with no power to grant easements. The doctrine
may only be pleaded if something prevents the plea of common law *prescription.
lottery n. A game of chance in which the participants buy numbered tickets and
the prizes are distributed by drawing lots. Under the Lotteries and Amusements Act
1976, lotteries are usually illegal (see also GAMING) unless they are: (1) on behalf of
registered charities or sports, (2) restricted to members of a private club, (3) local
lotteries; promoted in accordance with schemes approved by local authorities and
registered with the Gaming Board, or (4)small lotteries that take place as part of an
entertainment (e.g. in a bazaar or at a dance). The National Lottery was established
by statute (the National Lottery Act 1993).
lump-sum award The form in which damages are given by a court. The award
covers both past losses (up to the time of judgment) and losses likely to be suffered
in the future. The general rule is that only one award of damages may be made,
unless the wrong is a continuing one (such as continuing trespass or nuisance).
However, *interim payments can be ordered pending the final estimation of
damages, and in actions for personal injuries in which the claimant may develop
some serious disease or suffer some serious deterioration in his condition,
*provisional damages may be given. This enables the claimant to come back for
further damages at a future date if the disease or deterioration occurs. Settlements
of personal injury cases out of court can include periodic payments as well as a
lump sum as part of a *structured settlement.
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