M

Maastricht Treaty The Treaty on European Union, which was signed at
Maastricht (in the Netherlands) in February 1992and came into force on 1 November
1993.The Treaty amended the founding treaties of the three *European
Communities by establishing a *European Union based on these Communities. It
required the defining and eventual implementation of a common foreign and
security policy (CFSP), cooperation in justice and home affairs, and - under certain
conditions - the introduction of a single currency (see EUROPEAN MONETARY UNION). It
also introduced the principle of *subsidiarity and increased the powers of the
*European Parliament. It has since been amended by the *Amsterdam Treaty.
machinery and plant The machines, parts of machines, and all other apparatus
used for carrying on a business, but excluding stock in trade. Capital expenditure on
machinery and plant is eligible for *capital allowances.

McKenzie friend [from the case McKenzie v McKenzie (1971)1 A person who sits
beside an unrepresented *litigant in court and assists him by prompting, taking
notes, and quietly giving advice.

McNaghten Rules (M'Naghten Rules) See INSANITY.

magistrate n. A *justice of the peace sitting in a *magistrates' court. Most
magistrates are lay persons and have no formal legal qualifications: they receive no
payment for their services but give their time voluntarily. There are also, however,
*district judges (magistrates' court) (formerly called stipendiary magistrates) in
London and other major cities.

magistrates' clerk See CLERK TO THE JUSTICES.

magistrates' court A court consisting of between two and seven *magistrates or
a single *district judge (magistrates' court) (formerly called stipendiary magistrate)
exercising the jurisdiction conferred by the Magistrates' Courts Act 1980and other
statutes. The principal function of magistrates' courts is to provide the forum in
which all criminal prosecutions are initiated. In the case of an *indictable offence or
an *offence triable either way for which the defendant elects *trial on indictment,
the court sits as *examining justices to consider whether or not there is sufficient
evidence to justify committing the defendant to the *Crown Court. For a *summary
offence or an offence triable either way in which the defendant elects *summary
trial, the court sits as a court of summary jurisdiction, i.e. as a criminal court of
trial without a jury in which justices, assisted by the *clerk to the justices, decide all
questions of law and fact.
Magistrates' courts also have a limited jurisdiction in civil matters relating to debt
and matrimonial proceedings. Each magistrates' court sits for a petty-sessionsarea
and its jurisdiction is generally confined to that area, although it may in some cases
extend beyond. A magistrates' court may sit on any day of the year, including (if the
court thinks fit) Christmas Day, Good Friday, or any Sunday, but in practice it is
unusual for magistrates' courts to sit on public holidays or at weekends.
Magna Carta The Great Charter of Runnymede, acceded to by King John in 1215
after armed rebellion by his barons. It guaranteed the freedom of the church,
restricted taxes and fines, and promised justice to all. Confirmed frequently by
subsequent feudal kings, it has since been largely repealed as having only symbolic
significance.

main purpose rule See REPUGNANCY.

main residence For the purposes of *enfrancllisement of a tenancy, a dwelling in
which the tenant has lived for at least the last three years or for periods amounting
to three years in the last ten years. Whether or not the dwelling has in fact been his
main residence is also considered in each case. For the purposes of *capital gains tax
there is an exemption for gains on the disposal of owner-occupied homes. If an
individual has more than one residence he may Dominate the one that he wishes to
qualify for exemption.

maintenance n. The provision of food, clothing, and other basic necessities of life.
A husband or wife is obliged to maintain his or her spouse (see FAILURE TO MAINTAIN).
Parents are bound at common law to maintain their minor children, and since the
Family Law Reform Act 1987and the Child Support Act 1991 both parents, whether
married or not, have a legal responsibility to support their children financially if
they can afford to do so (see CHILD SUPPORT MAINTliNANCE). Neglect or refusal to
provide this maintenance is a criminal offence.
Before 1881it was common for settlements to include a power for the trustees to
maintain and educate minors. Since then, a statutory power has existed enabling
trustees to pay money for the maintenance, education, or benefit of a minor; this
-power is subject to an)' contrary prcvtston in the settlement.
The obligation after a divorce of one spouse to support another or of a parent to
support a child of the family is often referred to as maintenance; this is more
correctly known as financial provision or *financial relief.

maintenance agreement An agreement between spouses concerning their
financial obligations to one another. Maintenance agreements are governed by the
provisions of the Matrimonial Causes Act 1973. Any clause that attempts to deny the
right of either spouse to apply to a court for financial relief will be void, and the
county courts and High Court (and, to a more limited extent, the magistrates'
courts) have wide powers to vary the terms of maintenance agreements (see also
MARRIAGE SETTLEMENT). When one party has died the other spouse may apply to the
court, under the special provisions for *dependants, to have the terms of the
agreement altered, but only if it was in writing.

maintenance and champerty The promotion or support of litigation by a third
party who has no legitimate interest in the proceedings (maintenance) and the
support of litigation by a third party in return for a share of the proceeds
(champerty, an aggravated form of maintenance). The old crimes and torts of
maintenance and champerty were abolished by statute in 1967 but a champertous
agreement may still be treated as contrary to public policy and so unlawful. An
agreement by a lawyer to receive payment in the form of a share of the client's
damages (if successful) is regarded as champertous in England, but a modified form
of "no win, no fee" agreement was legalized by the Courts and Legal Services Act
1990, although it is authorized only for certain categories of cases (see CONDITIONAL
FEE AGREEMENT).

maintenance order A court order providing for payment of sums for the
maintenance of a spouse or a child of the family. Strictly speaking the term now
applies only to <maintenance agreements incorporated into a court order; orders in
the magistrates' courts or High Court on the ground of *failure to maintain and
orders in the divorce courts for maintenance are now called *financial provision
orders. Power to order payment by direct debit or standing order was introduced by
the Maintenance Enforcement Act 1991.
Spouses may try to evade their financial obligations to each other or their
children by emigrating. In such cases the Domestic Proceedings and Magistrates'
Courts Act 1978and the Maintenance Orders (Reciprocal Enforcement) Act 1972grant
powers to obtain maintenance from emigrant spouses in certain designated
("convention") countries. For these purposes maintenance orders include any order
providing for periodical payments to a person whom the payer is liable to maintain,
including children of unmarried parents. The Child Support Act 1991has greatly
curtailed the power of the court to make, vary, or revise maintenance orders;
application solely for *child support maintenance must now usually be made to the
Child Support Agency rather than the court.

maintenance pending suit A court order for temporary periodical payments
during the hearing of a petition for divorce, nullity, or judicial separation.

majority (full age) n. The age of 18 years. The state of being below that age is a
state of minority (see INFANT). The age of majority was originally 21 years, but was
reduced to 18 by the Family Law Reform Act 1969. This majority applies for the
purposes of any relevant legal rule and for the interpretation of any relevant
statute, whenever it was made. It does not apply, however, to deeds, wills, and other
private documents made before 1969,in which reference is made to majority or
minority.

majority rule The principle by which the majority of company members has the
power to control the company through voting at a company meeting. There are
various ways to safeguard the minority (see MINORITY PROTECTION). The rule does not
apply when the actions taken by those in control of the company (e.g. *directors)
require more than a simple majority vote to authorize them; for example, altering
the *articles of association, which requires approval by 75% of shareholders who
attend a *general meeting and who are entitled to vote (see ORDINARY RESOLUTION;
SPECIAL RESOLUTION). See alsoFRAUD ON THE MINORITY.

majority verdict The verdict of a *jury reached by a majority. The verdict need
not be unanimous if there are no fewer than 11 jurors and 10 of them agree on the
verdict or if there are 10 jurors and 9 of them agree on the verdict. The jury must
be given at least two hours in which to reach a unanimous verdict and the foreman
of the jury must state in open court the number of jurors who respectively agreed
to and dissented from the majority verdict. Majority verdicts can be taken in both
criminal and civil cases.

making off without payment Leaving without paying for goods or services
received and with the intention of avoiding payment, when payment on the spot is
expected. This is now an offence punishable by up to two years' imprisonment, but
it must be proved that the person who made off knew that payment on the spot
was expected. It will usually cover such behaviour as walking out of a restaurant
after having had a meal, without paying (even if there was originally no intention
not to pay for the meal, and therefore no theft, and no *deception when the meal
was ordered); taking a taxi and disappearing without paying; and collecting any
items from a shop that has repaired or cleaned them, without paying. See also
SHOPLIFTING.

male issue Direct descendants through the male line, e.g. sons and sons of sons
(but not sons of daughters).

malfeasance n. An unlawful act. Compare MISFEASANCE; NONFEASANCE.

malice n. 1. (in criminal law) A state of mind (see MENS REA) usually taken to be
equivalent to *intention or *recklessness: it does not require any hostile attitude.
Malice is said to be transferred when someone intends to commit a crime against
one person but in fact commits the same crime against someone else (for example,
if he intends to shoot X but misses, and instead kills Y). Malice is universal (or
general) when the accused has no particular victim in mind (for example, if he
shoots into a crowd intending to kill anyone). In both cases this constitutes mens
rea. 2. (in tort) A constituent element of certain torts. In the English law of tort, the
general rule is that a malicious motive cannot make conduct unlawful if it would
otherwise be lawful. For example, a right to take water from under one's own land
can lawfully be exercised solely in order to cause damage to a neighbour. However,
in some cases malice can be relevant. An action for *malicious prosecution requires
proof that the prosecution was instigated maliciously, i.e. without reasonable and
probable cause. In *defamation, a malicious motive invalidates the defences of fair
comment and qualified privilege. Malice is also relevant to liability for *conspiracy
to injure someone.

malice aforethought The *mens rea (state of mind) required for a person to be
guilty of murder. It is unnecessary for there to be any element of hostility (see
MALICE) or for the intention to kill to be "forethought" (i.e. premeditated). The term
covers (1) intention to kill (direct express malice aforethought), (2)intention to
cause *grievous bodily harm (direct implied malice aforethought), (3) realizing
while doing a particular act that death would almost certainly or very probably
result (indirect express malice), and (4) realizing that grievous bodily harm would
very probably result from the act, e.g. shooting at someone without intending to kill
him, but realizing that he may at least suffer a serious injury (indirect implied
malice). The prosecution must prove one of these four types of malice aforethought
to secure a conviction of murder.

malicious damage Formerly (before 1971), *criminal damage.

malicious falsehood (injurious falsehood) A false statement, made maliciously,
that causes damage to another. The oldest forms of this tort are *slander of title
and *slander of goods, but other false and malicious statements (e.g. that a
businessman has ceased to trade) can also give rise to an action in tort. Usually
actual damage must be proved. Malicious falsehood can overlap with *defamation,
but mainly protects property and business interests.

malicious prosecution The malicious institution of legal proceedings against a
person. Malicious prosecution is only actionable in tort if the proceedings were
initiated both maliciously and without reasonable and probable cause and they were
unsuccessful. No one who has been convicted of a criminal charge can sue for
malicious prosecution. Making unjustified threats of infringement of trade mark or
other *intellectual property rights is also a statutory offence; the person accused of
this can apply to the court for a *declaration that they do not infringe these rights.

malicious wounding See WOUNDING.

management order A court order to appoint a manager for which certain
tenants of flats have the right to apply if the court is satisfied that mismanagement
has taken place. There are proposals for this right to be extended to tenants even
where there is no mismanagement if at least two-thirds of the tenants in a block of
flats wish to create a private limited company (an RTM company) to manage the
block instead of the landlord.

managing director A *director to whom management powers have been
delegated, either absolutely or subject to supervision, by the other directors of the
company under the terms of the articles of association. Managing directors are
agents of the company and have wide authority to act on its behalf.

managing trustee See CUSTODIAN TRUSTEE.

mandate n. 1. (in private law) An authority given by one person (the mandator) to
another to take some course of action. A mandate is commonly revocable until acted
upon and is terminated by the death of the mandator. A cheque is a mandate from
the customer to his bank to pay the sum in question and to debit his account. 2. (in
international law) The system by which dependent territories (such as the former
German colonies in Africa) were placed under the supervision (but not the
sovereignty) of mandatory powers by the League of Nations after World War 1.
After World War II, all remaining mandated territories became *trust territories
under the United Nations with the exception of South-West Africa (now Namibia)
and a strategic trust area consisting of a number of Pacific Islands north of the
equator, which were administered by the USA. The mandate over Namibia was
terminated by the General Assembly of the UN in 1966,which placed the territory
under the direct responsibility of the United Nations; it became an independent
state in 1990. The Pacific Islands territories are also now independent states.

mandatory injunction See INJUNCTION.

mandatory order A *prerogative order from the High Court instructing an
inferior tribunal, public official, corporation, etc., to perform a specified public duty
relating to its responsibilities (see also JUDICIAL REVIEW); for example, an instruction to
a statutory tribunal to hear a particular dispute. Formerly called mandamus (from
Latin: we command), it was renamed in 1999 under Part 54.1of the Civil Procedure
Rules.

Manor of Northstead See CHILTERN HUNDREDS, STEWARDSHIP OF THE.

mansion house See PRINCIPAL MANSION HOUSE.

manslaughter n. Homicide that does not amount to the crime of murder but is
nevertheless neither lawful nor accidental. Manslaughter may be committed in
several ways. It may arise if the accused is charged with murder and had the mens
rea required for murder (see MALICE AFORETHOUGHT), but mitigating circumstances
(*diminished responsibility, a *suicide pact, or *provocation) reduce the offence to
manslaughter; this is known as voluntary manslaughter. It may also be committed
when there was no mens rea for murder in one of two situations: (1) if the accused
committed an act of *gross negligence or (2) if the act, although not negligent, was
criminally illegal and also involved an element of danger to the victim: For example,
it would be manslaughter to knock some bricks off a bridge into the path of a train
(*criminal damage), killing the driver, even if one had no idea that there was a train
in the area. Such cases are known as involuntary manslaughter. There are
generally four types of involuntary manslaughter, although the distinction between
them remains unclear: negligent manslaughter, constructive manslaughter,
reckless manslaughter, and corporate manslaughter. The maximum punishment
for manslaughter is life imprisonment, although this is rarely imposed; however, the
Crime (Sentences) Act 1997 provides for a mandatory life sentence for those
convicted of manslaughter for a second time (see REPEAT OFFENDER). Most cases of
*causing death by dangerous driving and *causing death by careless driving are
usually not charged as manslaughter but as special statutory offences under the
Road Traffic Act 1991. However, in certain circumstances causing death by dangerous
driving may amount to reckless manslaughter.

mansuetae naturae See CLASSIFICATION OF ANIMALS.

Mareva injunction See FREEZING INJUNCTION.

margin of appreciation A concept created by the European Court of Human
Rights to allow a certain amount of freedom for each signatory state to regulate its
own activities and its application of the *European Convention on Human Rights
without being subject to review by the Court. This freedom is not available to
national courts when considering Convention issues arising within their own
countries. However, in some cases the domestic courts, when reviewing decisions of
public authorities under the Convention, may defer on democratic grounds to those
elected bodies (see DISCRETIONARY AREA OF JUDGMENT).

marine insurance A form of *insurance in which the insurer undertakes to
indemnify the insured against loss of the ship (hull insurance), the cargo, any sums
paid in freight (freight insurance), or any liability to a third party occurring during
a sea voyage. A marine insurance contract may be extended to losses on inland
waters or to risks on land that may be incidental to a sea voyage. The risks listed in
marine insurance policies include *perils of the seas, fire, war perils, pirates,
seizures, restraints, jettisons, and *barratry, and the cover may be for a particular
voyage, or for a specified time, or both (see TIME POLICY). In marine insurance a
distinction is made between an *actual total loss and a *constructive total loss;
partial loss is subject to *average. The law relating to marine insurance is codified
by the Marine Insurance Act 1906.Under this Act marine insurance contracts that
are by way of being wagering or *gaming contracts are void; these include contracts
in which the insured has no insurable interest as defined in the Act.

mariner's will See PRNILEGED WILL.

marital breakdown The deterioration of a marriage to such an extent that the
court will grant a *divorce. The breakdown must be irretrievable. Under the
Matrimonial Causes Act 1973 this can be evidenced only by *adultery, *desertion,
*living apart, or *unreasonable behaviour.

marital privileges Privileges protecting information given by one spouse to the
other from disclosure in court. In general, the privilege has now been abolished in
both civil and criminal proceedings. However, in civil proceedings a person may still
not be compelled to disclose a statement made by his (or her) spouse with a view to
effecting a reconciliation between them. Nor may someone be compelled to give
evidence that could incriminate his (or her) spouse, subject to some exceptions.

maritime lien See LIEN.

market n. A facility for the sale and purchase of goods. The concept of an
available market is important in deciding the amount of damages for breach of
contracts of sale of goods: it assumes that goods of the contract description can be
sold at a market price fixed by supply and demand. The disappointed buyer or seller
will usually, upon breach, make a substitute purchase or sale on the market and his
damages will be the difference between the contract price and the market price. See
also MARKET OVERT.

market maker See STOCK EXCHANGE.

market overt An open, public, and legally constituted market or fair. When goods
were sold in market overt according to the usage of the market, the buyer acquired
a good title to the goods, provided he bought them in good faith and without notice
of any defect in the seller's title. This was one of the exceptions to the general
principle of *nemo dat quod non habet,but it was abolished from 3 January 1995by
the Sale of Goods (Amendment) Act 1994.

market testing Testing a particular service to see which supplier - in-house or
external - offers the best combination of value for money and quality of service for
the user. Launched in 1991, it affects all public services, including the health-care,
magistrates', and prison services. Under the Local Government Act 1999, certain
authorities are designated as *best value authorities, including the police and fire
authorities. Under the Act, these authorities must have regard to economy,
efficiency, and effectiveness when exercising their functions.

marriage n. 1. The relationship between husband and wife. 2. A ceremony, civil or
religious, that creates the legal status of husband and wife and the legal obligations
arising from that status (see MARRIAGE CEREMONY). All marriages must be registered
by an authorized marriage registrar. The minimum age for marriage is 16 with
parental consent (18 without), and capacity to marry in general is governed by the
law of *domicile of both parties before the marriage. Relationships within which
marriage is prohibited are specified in the Marriage Act 1949, as amended by the
Marriage (Prohibited Degrees of Relationship) Act 1986 (see PROHIBITED DEGREES OF
RELATIONSHIPS). Parties to a marriage must be respectively male and female as
determined at birth (sex-change operations have no legal effect), must not be already
married to someone else (see BIGAMY; POLYGAMY), and must enter into the marriage
freely. See also MARRIAGE BY CERTIFICATE.

marriage articles The clauses setting out the terms of a *marriage settlement.

marriage brokage contract A contract in which one person undertakes, for
financial gain, to arrange a marriage for another. Such contracts are void because
they contravene *public policy.

marriage by certificate Marriage authorized by a certificate issued by the
Superintendent Registrar of Births, Deaths, and Marriages. All marriages other than
those solemnized in the Church of England must be authorized by a certificate (or
certificate and licence - see MARRIAGE BY CERTIFICATE AND LICENCE); marriages
solemnized in the Church of England may be authorized either by a certificate or by
a religious procedure (e.g. *banns, common licence. or special licence - see MARRIAGE
BY RELIGIOUS LICENCE). Notice must be given of the intended marriage to the
Superintendent Registrar of the district(s) in which the parties have lived for seven
days previously, together with a declaration that there are no lawful obstacles to the
marriage and that all necessary consents have been obtained. This notice is made
public for 21 days, to give members of the public the opportunity to point out the
existence of a lawful obstacle, after which the Registrar must issue a certificate. The
marriage must take place within three months from the day the notice was entered
in the notice book.

marriage by certificate and licence Marriage authorized by a certificate and
licence issued by the Superintendent Registrar. The main difference between this
procedure and that of *marriage by certificate alone is its speed - the marriage may
take place any time after 24 hours have elapsed from the day of giving notice. This
procedure may also be used when only one party has been resident in the district
(although the minimum period of residence is 15 days), and the notice of intended
marriage need not be publicly displayed. The procedure costs more than marriage by
certificate.

marriage by Registrar-General's licence Marriage authorized by a licence
issued by the Registrar-General of Births, Deaths, and Marriages. Marriage outside a
register office or registered building may now take place in certain other licensed
venues, such as stately homes.

marriage by religious licence A marriage in the Church of England based on
the grant of an ecclesiastical licence, rather than on publication of *ba=s. A
common licence may be granted if one of the parties swears an affidavit that he
believes there is no lawful impediment, that at least one of the parties has been
resident in the parish for at least 15 days previously (or usually worships at the
church), and that (in the case of a minor) the consent of each parent with *parental
responsibility (or a person in whose favour a residence order is made) has been
obtained. If no caveat is issued against the grant of a licence, the ecclesiastical judge
will grant a licence and the marriage may take place immediately. The Archbishop
of Canterbury may also grant a special licence authorizing a marriage at any time
of the day or night in any church, chapel, or other convenient place (even if
unconsecrated).

marriage ceremony The ceremony creating the status of marriage. There are
four main types of marriage ceremony (excluding marriage in military chapels). In a
civil marriage, the ceremony takes place in a register office or other registered
venue, with open doors, in the presence of the Superintendent Registrar (who
conducts the ceremony), a registrar (who supervises registration formalities), and at
least two witnesses. Under the Marriage Act 1983, housebound and detained persons
may get married where they reside.
In a Church of England marriage, the ceremony usually takes place in church and
is celebrated by a clergyman in the presence of at least two witnesses according to
the rite of the Book of Common Prayer (or any alternative authorized form of
service). A clergyman may refuse to solemnize the marriage of anyone whose
former marriage has been dissolved if the former spouse is still living, or whose
marriage would have been void for *affinity of the parties before the passing of the
Marriage (Prohibited Degrees of Relationship) Act 1986. The marriage ceremony in
Quaker and Jewish marriages is governed by the rules of those religions and need
not be celebrated in a registered building, or by an authorized person, or in public.
All other religious marriage ceremonies must be celebrated in a registered building
designated as a place of meeting for religious worship, with open doors, and in the
presence of at least two witnesses and a registrar or previously notified authorized
person.

marriage settlement A *settlement made between the parties to a marriage. A
settlement made before the marriage ceremony is called an antenuptial
settlement; that made after the marriage is a postnuptial settlement. The
purpose of a marriage settlement is to provide an income for one spouse or the
children, while securing the capital for the other spouse. The courts have power
when giving decrees of divorce, nullity, or judicial separation either to order
property owned by one spouse to be settled for the benefit of the other spouse and
children or to vary the terms of any existing ante- or postnuptial settlement. This
power is often used to retain the use of the matrimonial home until the children
are independent, as well as to retain the parents' financial investment.

marshalling of assets A process in which the claims of different creditors are
directed towards different funds of the same debtor in an attempt to reach a fair
result. When there are two creditors and two funds, and one has a claim exclusively
on one fund but the other can claim against either fund, the rule of marshalling
requires the latter to claim against the fund from which the former is excluded.
The aim is, so far as possible, to allocate the assets so as to satisfy all the creditors.

marshalling of securities An application of *marshalling of assets. If A
mortgages two properties to B and then mortgages one of the properties in addition
to C (who mayor may not know of B's mortgage) B,as first mortgagee, may obtain
his money from whichever mortgaged property he chooses. However, if he chooses
to obtain his money from the property mortgaged to C, C may if necessary obtain
his money from the other property. This right cannot be exercised when a
purchaser has obtained the property without knowing of the facts giving rise to the
right to marshal.

Martens clause A clause that was included in the Hague Conventions of 1899 and
1907 by the Russian delegate, Friedrich von Martens (1845-1909), and has since then
been included in many other treaties. It states that anything not proscribed by the
regulations of the treaty will be subject to the international law and will therefore
not necessarily be permissible; it also allows the regulations of the treaty to keep
pace with the consequences of modern developments in warfare.

martial law Government by the military authorities when the normal machinery
of government has broken down as a result of invasion, civil war, or large-scale
insurrection. The constitution of the UK does not provide for a declaration (with
specified consequences) of martial law; it is no more than a situation capable of
arising. While the military authorities are restoring order, their conduct could not
be called into question by the ordinary courts of law. After the restoration of order,
the legality of their actions would be theoretically capable of examination, but the
standards that would be applied by the courts are unknown. Martial law should not
be confused with military law (see SERVICE LAW); any courts held by the military
authorities to try civilians during a state of martial law would not enjoy the status
of courts martiaL

master n. 1. One of the *Masters of the Supreme Court or the Masters of
the Bench (see BENCHERS). 2. The person having command or charge of a vesseL
3. Formerly, an *employer. See alsoEMPLOYER AND EMPLOYEE.

Master of the Rolls (MR) The judge who is president of the Civil Division of the
*Court of AppeaL The office is an ancient one and was originally held by the keeper
of the public records. Later the holder was a judge of the Court of Chancery and
assistant to the Lord Chancellor, with his own court, the Rolls Court. Since 1881 he
has been a judge of the Court of Appeal only, but retains important duties in
relation to public records. He also admits solicitors to practice.

Masters of the Bench See BENCHERS.

Masters of the Supreme Court Inferior judicial officers of the *Queen's Bench
and *Chancery Divisions of the High Court. Their principal function is to supervise
*interim (interlocutory) proceedings in litigation and (especially in the Chancery
Division) to take accounts. By convention, Chancery Masters are usually solicitors and
Queen's Bench Masters are usually barristers. In the provinces a comparable
jurisdiction is exercised by *district judges of the High Court. See also DISTRICT
REGISTRY.

matching broker See STOCK EXCHANGE.

material facts See STATEMENT OF CASE.

maternity leave See MATERNITY RIGHTS.

maternity pay See MATERNITY RIGHTS.

maternity rights The rights a woman has against her employer when she is
absent from work wholly or partly because of her pregnancy or confinement. The
current law is contained in the Employment Rights Act 1996 as supplemented by the
Maternity and Parental Leave Regulations 1999. The provisions with respect to
maternity pay are governed by the Social Security Contributions and Benefits Act
1992 and its supporting regulations. It is possible for an employer to agree
contractually to more generous maternity leave provisions than the statutory
minimum. There are currently seven statutory rights:
(1) All pregnant employees are entitled to reasonable time off work, with pay, for
antenatal care, but an employer is entitled to ask for evidence of appointments. An
employee who is unreasonably refused time off may complain to an *employment
tribunal.
(2)An employee is entitled not to be dismissed because of pregnancy or any reason
connected with it. She is treated as having been unfairly dismissed if the principal
reason for the dismissal is that she is pregnant, or that she has given birth, or that
she has taken maternity leave.
(3) A pregnant employee who meets certain qualifying conditions based on her
length of service and average earnings is entitled to receive statutory maternity
pay from her employer for up to 18 weeks (to be increased to 26 weeks from April
2003). To qualify for statutory maternity pay a pregnant employee must have been
working for the same employer continuously for at least 26 weeks ending in the
15th week before the week the baby is due, must have been paying national
insurance, and must leave work between the 11th and 6th week before the expected
date of confinement. If she can satisfy these conditions, she will receive 90% of
salary for six weeks followed by a fixed statutory rate for the remaining 12 weeks
(set at .75 from April 2002 and .100from April 2003). An employee who does not
qualify for statutory maternity pay but who earns at least .30 per week on average
may be entitled to claim the state maternity allowance from the Benefits Agency.
Employers can recover 92% of such payments by setting the amount against their
national insurance payments. They can require the employee to provide them with
evidence of the baby's birth.
(4) An employee who continues to be employed by her employer until the beginning
of the 11th week before the expected week of confinement is entitled to maternity
leave. All pregnant employees are entitled to at least 18 weeks' maternity leave (to
be increased to 26 weeks from April 2003). Additional maternity leave of up to 29
weeks from the actual birth of a child is also available to employees who have
completed a minimum of one year's service by the 11th week before the expected
week of confinement. An employee must inform her employer, at least 21 days
before her absence begins (or as soon as reasonably practicable), that she intends to
be absent because of maternity leave and that she intends to return to work (if she
wishes to exercise that right); this notice must also state the expected week of
confinement, for which she may be required by her employer to produce evidence.
Women entitled to additional maternity leave in effect enjoy a maximum of 40
weeks' maternity leave, but this maximum can only be achieved by taking 11 weeks
before and 29 weeks after the expected week of confinement.
(5) An employee entitled to maternity leave is also entitled to return to work with
her employer after taking such leave, either in the job in which she was employed
or in suitable alternative employment, provided that the employer employs more
than five people. If a woman wishes to return to work before her statutory
maternity leave period has expired she may do so providing she informs her
employer 21 days in advance of her proposed return. If the employer refuses to
allow her to return, the employee is treated as having been continuously employed
up to the intended date of her return and as having been dismissed on that date for
the reason for which she was not allowed to return. If she complains to an
employment tribunal that she has been unfairly dismissed (see *unfair dismissal),
the dismissal will be treated as fair if the employer shows that it was not reasonably
practicable to allow her to return, that the dismissal would have been reasonable if
she had not been absent, or that in any event she would properly have been made
redundant during her absence.
(6)Throughout the maternity leave period the employee is entitled to continue to
benefit from all contractual terms of her employment with the exception of
remuneration (money payment). These entitlements may include such things as
pension contributions from her employer, company car and personal petrol
allowance, and private health insurance. The maternity leave period begins either on
the date that the employee notifies her employer that she intends to begin her leave
(she must give 21 days' notice, or as much notice as is reasonably practicable) or the
first day on which she is absent from work because of pregnancy or childbirth, if
this date is earlier than the notified date (in which case the employer must be
notified of the reason for the absence as soon as is reasonably practicable and this
must be in writing if the employer requests it).
(7) Pregnant women, and women who have recently given birth or who are
breastfeeding, have the right to be offered any suitable alternative work, rather
than being suspended on maternity-related health and safety grounds. If there is no
suitable alternative work available and the employee is suspended because of her
condition, then she is entitled to receive the same remuneration that she would have
received had she not been suspended.

matrimonial causes See MATRIMONIAL PROCEEDINGS.

matrimonial home The home in which a husband and wife have lived together.
When only one of the spouses owns the matrimonial home the Family Law Act 1996
gives the nonowner certain *matrimonial home rights, which may be enforced by
court order (see OCCUPATION ORDER). These rights include a right to live in the
matrimonial home while still married. They will bind third parties (such as banks
and building societies) if they are registered as a Class F land charge (in the case of
previously unregistered land) or if they are protected by a notice (in the case of
registered land) - see REGISTRATlON OF ENCUMBRANCES. In Scotland similar rights have
been granted (for a limited period only) to unmarried cohabitants, under the
Matrimonial Homes (Financial Provision) (Scotland) Act 1981. When the legal estate is
registered under the Land Registration Act and the wife is in actual occupation, she
may also be protected against eviction by a third party if she has an interest in the
land, even though she has not registered a notice or caution. Such an interest may
be acquired by virtue of her contributions to the mortgage payments or, sometimes,
to household expenses, as well as by making improvements in the matrimonial
home.
Upon divorce, nullity, or separation the court has wide powers to make orders
transferring the matrimonial home from one party to the other or altering their
rights in it, in particular to provide for dependent children. County courts and
magistrates' courts have powers to grant matrimonial injunctions excluding a
spouse from the matrimonial home (see BATTERED SPOUSE OR COHABITANT) as well as
making an order for sale of the matrimonial home in order to redistribute
resources.

matrimonial home rights The rights of a spouse who is not a co-owner of the
*matrimonial home to live in the home. A spouse who is in occupation of the home
has a right not to be evicted from it, and a spouse who is not in occupation has a
right to enter and occupy the home. See also OCCUPATION ORDER.

matrimonial injunctions See BATTERED SPOUSE OR COHABITANT.

matrimonial offence Misbehaviour, such as adultery, desertion, or cruelty, by a
party to a marriage. Formerly (before 1969), proof of matrimonial offences provided
grounds for divorce and was important in applications in magistrates' courts for
financial relief during the marriage.

matrimonial order Formerly, an order made by magistrates under the 1960
Matrimonial Proceedings and Magistrates' Courts Act for periodical payments,
custody of children, or noncohabitation clauses. However, both the grounds on
which magistrates may exercise jurisdiction and the type of orders they may make
are now governed by the 1978 Domestic Proceedings and Magistrates' Courts Act.

matrimonial proceedings (matrimonial causes) Proceedings for *divorce,
*judicial separation, or *nullity of marriage. All matrimonial proceedings must be
heard in a divorce county court or the Divorce Registry in London. The proceedings
may be transferred from the county court to the High Court, and vice versa, at the
court's discretion. See also FAMILY PROCEEDINGS.

maturity n. The time at which a *bill of exchange becomes due for payment.
When a bill is payable at a fixed period after date, after sight, or after the
happening of a specified event, the date of payment is determined by excluding the
day from which the time is to begin to run and including the day of payment.
When a bill is payable at a fixed period after sight. the time begins to run from the
date of *acceptance if the bill is accepted and from the date of noting or *protest if
the bill is noted or protested for nonacceptance.

maxims of equity Short pithy statements used to denote the general principles
that are supposed to run through *equity. Although often inaccurate and subject to
exceptions, they are commonly used to justify particular decisions and express some
of the basic principles that have guided the development of equity. The main
maxims are as follows:
equity acts *in personam;
equity acts on the conscience;
equity aids the vigilant;
equity will not suffer a wrong without a remedy (i.e. equity will not allow a person
whom it considers as having a good claim to be denied the right to sue);
equity follows the law (i.e. equity follows the rules of common law unless there is a
good reason to the contrary);
equity looks at the intent not at the form (i.e. equity looks to the reality of what
was intended rather than the way in which it is expressed);
where the equities are equal, the earlier in time prevails (i.e. where rights are equal
in worth or value, the earlier right created takes precedence over the later);
he who seeks equity must do equity;
he who comes to equity must come with *clean hands (see EQUITABLE REMEDIES);
*equality is equity:
equity looks on that as done which ought to be done (see CONVERSION);
equity imputes an intent to fulfil an obligation (see SATISFACTION);
equity will not assist a volunteer (see VOLUNTARY SETTLEMENT).

Mayor of London The head of the *Greater London Authority, elected every four
years by the voters in London; the office was created under the Greater London
Authority Act 1999. The responsibilities of the Mayor include the promotion of
cultural, economic, and social development and improvement of the London
environment by use of strategies to reduce air pollution and waste.

Mayor's and City of London Court A court formed in 1922 by the
amalgamation of the Mayor's Court and the City of London Court. It had an
unlimited civil jurisdiction over matters arising within the City. The Court was
abolished by the Courts Act 1971, but the name is retained by the *county court for
the City of London, which has normal county court jurisdiction.

Measure n. See CHURCH OF ENGLAND.

measure of damages The principle that determines the amount of *damages
awarded for a tort or a breach of contract.

mediation n. 1. A form of *alternative dispute resolution in which an
independent third party (mediator) assists the parties involved in a dispute or
negotiation to achieve a mutually acceptable resolution of the points of conflict. The
mediator, who may be a lawyer or a specially trained nonlawyer, has no decisionmaking
powers and cannot force the parties to accept a settlement. In family law,
for example, mediators assist spouses to resolve disputes that have arisen as a
consequence of the breakdown of their marriage by reaching agreement or reducing
conflict over future arrangements for children or their finances. Mediation, which is
designed to avoid the need to take cases to court, is likely to be extended to many
other areas of the law since the publication of Lord Woolf's Access to Justice(Final
Report) 1996and the introduction of the *Civil Procedure Rules, in which it is
actively encouraged. 2. (in international law) A method for the peaceful settlement
of an international dispute in which a third party, acting with the agreement of the
disputing states, actively participates in the negotiating process by offering
substantive suggestions concerning terms of settlement and, in general, by trying to
reconcile the opposing claims and appeasing any feeling of resentment between the
parties involved. See also CONCILIATION; GOOD OFFICES.

Member of Parliament (MP) See HOUSE OF COMMONS.

Members' interests Interests of Members of Parliament that might affect their
conduct as MPs;for example, employments, company directorships, shareholdings,
substantial property holdings, and financial sponsorships. By a 1975resolution of the
House, these must be registered for public information. After various allegations of
Members not disclosing financial rewards received from outside parties in return
for asking questions in the House ("cash for questions"), the rules on disclosure were
tightened in 1996,when the Code of Conduct for Members of Parliament with a
Guide to the Rules Relating to the Conduct of Members were published.

memorandum in writing Under former provisions of the Law of Property Act
1925,written evidence of a contract for the sale or other disposition of land or of
any interest in it. The Act provided that such a contract could not be enforced
unless it, or some memorandum or note evidencing the parties' agreement
(identifying the parties, the property, the price, and other essentials), was in writing
and signed by the party to be held liable on the contract. In practice, a contract
would usually be in writing, but a signed memorandum showing that the parties
had been bound from the time of an earlier oral agreement was equally acceptable
as evidence to support any claim to enforce the contract.
However, the Law of Property (Miscellaneous Provisions) Act 1989now insists that
such a contract can only be made in writing that sets out in one document (or
incorporates by reference to other existing documents) all the terms the parties
have expressly agreed; the contract must be signed by both parties. A mere
memorandum or note evidencing the terms of the agreement will no longer suffice
unless it is incorporated in the contract by reference.

memorandum of association A constitutional document of a *registered
company that must be drawn up by the person(s) wishing to set it up. Under the
Companies Act 1985 certain compulsory clauses must be inserted into the
memorandum. These clauses deal with and outline the company's identity (names
clause); its registered address (registered office clause); the amount of its
authorized share *capital (capital clause); the purpose(s) for which the company has
been formed (objects clause); and (if applicable) whether it is a *limited company
or a *public company. The Companies Act 1985 contains specimen examples of such
clauses for different types of company. The memorandum is said to be the "superior
constitutional document" of the company; in the event of a conflict between it and
the "articles of association, the memorandum prevails.

menace n. See THREAT.

mensa et thoro See AMENSA ET THORO.

mens rea [Latin: a guilty mind] The state of mind that the prosecution must prove
a defendant to have had at the time of committing a crime in order to secure a
conviction. Mensrea varies from crime to crime; it is either defined in the statute
creating the crime or established by *precedent. Common examples of mens rea are
*intention to bring about a particular consequence, *recklessness as to whether
such consequences may come about, and (for a few crimes) *negligence. Some crimes
require knowledge of certain circumstances as part of the mens rea (for example, the
crime of receiving stolen goods requires the knowledge that they were stolen). Some
crimes require no mens rea; these are known as crimes of *strict liability. Whenever
mens rea is required, the prosecution must prove that it existed at the same time as
the *actus reus of the crime (coincidence of actus reus and mens rea). A defendant
cannot plead ignorance of the law, nor is a good *motive a defence. He may,
however, bring evidence to show that he had no mens rea for the crime he is charged
with; alternatively, he may admit that he had mens rea, but raise a general defence
(e.g. duress) or a particular defence allowed in relation to the crime.

mental disorder For the purposes of the Mental Health Act 1983,mental illness,
incomplete or *arrested development of mind, *psychopathic disorder, and any
other disorder or disability of mind. A person suffering (or appearing to be
suffering) from mental disorder can be detained in hospital either for assessment or
for treatment. Detention for assessment normally takes place on an application for
his admission made by his nearest relative or an approved social worker. This is
supported in either case by the recommendation of two doctors that it is desirable
in the interests of the patient's own health and safety or for the protection of
others. The application authorizes detention for up to 28 days. In a case of
emergency, however, detention may be for up to 72 hours on an application
supported by one doctor only and made by an approved social worker or the
patient's nearest relative. The procedure for detention for treatment is the same as
the normal procedure for detention for assessment. The application authorizes
detention for SIX months, renewable for a further six months, initially, and then for
periods of one year on a report to the hospital managers by the doctor in charge.
DIscharge of a person detained may be effected by the managers or the doctor in
charge and, within certain limits, the nearest relative; in the case of detention for
treatment, discharge may also be directed by a "Mental Health Review Tribunal The
National Health Service and Community Care Act 1990provided for more care in the
community for patients who previously may have been treated in secure hospitals.
See also HOSPITAL ORDER; SPECIAL HOSPITAL.

Mental Health Act Commission A regulatory body established in 1983 to
monitor the operation of the Mental Health Act 1983. Its members, appointed by the
Secretary of State for Health, include psychiatrists, nurses, lawyers, members of
other clinical professions, and lay people. Commissioners are responsible for
regularly visiting patients detained under the Act, reviewing psychiatric care,
investigating certain complaints, and advising ministers.

Mental Health Review Tribunal A tribunal, constituted under the Mental
Health Act 1983,to which applications may be made for the discharge from hospital
of a person detained there for assessment or treatment of *mental disorder or
under a *hospital order or a *guardianship order. When a patient is subject to a
restriction order or direction an application may only be made after his first six
months of det~ntion. Such tribunals include legally and medically qualified
members appointed by the Lord Chancellor and are under the supervision of the
"Council on Tribunals.

mental impairment See ARRESTED DEVELOPMENT.

MEP Member of the European Parliament. See EUROPEAN PARLIAMENT.
me~cantile agent A commercial *agent who has authority either to sell goods, to
consign goods for the purpose of sale, to buy goods, or to raise money on the
secunty of goods on behalf of his principal.

mercenary n. A person who is paid to serve with armed forces other than those of
the state of which he is a national. British officers undertaking such service (e.g. in
Oman) were commonly known as contract officers. See alsoFOREIGN ENLISTMENT.

merchantable quality An *implied condition now replaced by *satisfactory
quality.

merchant shipping registration See SHIP.

mercy n. See PREROGATIVE OF MERCY.

mere equity A right affecting property that is less significant than an *equitable
right or a *legal right; it does not affect anyone except the parties to the
transaction in which it is contained. An example is the right to rectify a document.

merger n. 1. An amalgamation between companies of similar size in which either
the members of the merging companies exchange their shares for shares in a new
company or the members of some of the merging companies exchange their shares
for shares in another merging company. It is usually effected by a *takeover bid
Under current EU mergers law, mergers with a Community dimension, i.e. a
combined Community-wide turnover of at least 250M euros and a combined
worldwide turnover of over 500M euros, must be notified to the EU Mergers
Secretariat, However, If each of the merging companies derives two-thirds of its EU
business from one and the same member state, the merger does not have to be
notified. Compare TAKEOVER. 2. The extinguishing of a lesser interest in land when it
comes into the same ownership as a greater one. For example, if a freehold owner
acquires the unexpired leasehold estate, the latter may merge into the freehold.
Whether or not merger occurs depends on the circumstances of the transaction
(thus a leasehold that is subject to a subsisting mortgage will not normally merge
with the freehold) and the intention of the parties.

mesne profits Money that a landlord can claim from a tenant who continues to
occupy property after his tenancy ends, the amount being equivalent to the current
market rent of the property. This may be more than the rent that the tenant was
paying before the tenancy ended. If the landlord continues to accept the original
rent from the tenant at the end of the tenancy, a new tenancy may be created.
messuage n. A house and its associated garden, outbuildings, and orchard.

Michaelmas Day See QUARTER DAYS.

micro-state n. A state with an area of less than 500 square miles and a population
under 100,000. Examples of micro-states include Andorra, Antigua and Barbuda,
Grenada, and Monaco, all of which have been admitted to membership of the United
Nations. Although the UN membership of such small states was contentious,
ultimately the principle of universality of membership of states, whatever their size,
prev<l.iled over the i.ssue of whether ()I nnt they were capable of fulfilling their
obligations as members. See also RECOGNITION.

Middle Temple One of the four *Inns of Court, situated in the Temple between
the Strand and the Embankment. The earliest recorded claim for its existence is
1404.

Midsummer Day See QUARTER DAYS.

military court A *court martial or the *Court of Chivalry.

military law See SERVICE LAw. Compare MARTIAL LAW.

Military Staff Committee A committee established under Article 47 of the
United Nations Charter. Articles 43-47 of the Charter (within *Chapter VII) envisage,
through the Military Staff Committee, advance military cooperation for UN
collective military security. This body is to advise the Security Council on all
questions relating to armed forces placed at the disposal of the latter. It consists of
the chiefs of staff of the permanent members of the Security Council, although
other members of the United Nations may be invited to sit with it when the
efficient disch<l.rge of the Committee's responsibilities so requires.
Due to deadlock, principally among the permanent members of the Security
Council, the Committee declared that it could wake no further progress on the
matter of military cooperation for UN collective security measures. Although the
Committee still formally exists it has had no real function to perform since its
establishment in October 1945. See also COLLECTIVE SECURITY; ENFORCEMENT ACTION.

military stores Any chattel belonging to the Crown that is issued, or stored for
the purpose of being issued when required, for military purposes. Compare NAVAL
PROPERTY.

military testament See PRIVILEGED WILL.

minerals pl. n. See MINING LEASE.

minimum term See LIFE IMPRISONMENT.

minimum wage The lowest rate of remuneration that an employer may pay. The
National Minimum Wage's adult hourly rate from October 2001 is .4.10; this will
increase to .4.20 in October 2002. The youth rate for 18~21-year-olds is (from October
2001) .3.50 per hour.

mining lease A lease granting a tenant the right to extract minerals from the
land for a specified period in return for a rent (which may vary in accordance with
the amount or value of minerals extracted). The Settled Land Act 1925 allows the
tenant for life of settled land to grant mining leases for up to 100 years whether or
not he is liable for any *waste committed by him, and whether or not the mine is
already open. As a general rule, and subject to any contrary intention expressed in
the settlement. the tenant for life is entitled to three-quarters of the rent, but if he
is liable for waste in respect of minerals, he is only entitled to one-quarter of the
rent. In either case, the balance must be paid as <capital money to the trustees of
the settlement. The Act defines minerals for these purposes as all substances in or
under the land that can be extracted by underground or surface working.

minister n. A person (by *constitutional convention a member of either House of
Parliament) appointed to government office by the Crown on the advice of the
Prime Minister. He may be a senior minister in charge of a department (normally
styled Secretary of State but sometimes Minister), a senior minister without specific
departmental responsibilities le.g. the lord Privy Seal or a Minister without
Portfolio), or a junior minister assisting in departmental business (a Minister of
State or a Parliamentary Secretary or Under-Secretary). In the Treasury the
ministerial ranks are *Chancellor of the Exchequer, Chief Secretary, Financial
Secretary, and Ministers of State.

ministerial responsibility The responsibility to Parliament of the Cabinet
collectively and of individual ministers for their own decisions and the conduct of
their departments. A minister must defend his decisions without sheltering behind
his civil servants; if he cannot, political pressure may force his resignation.

mini-trial n. See ALTERNATIVE DISPUTE RESOLUTION.

minor n. See INFANT.

minor interests Interests in *registered land that cannot be created or
transferred by registered disposition, are not *overriding interests, and could be
overridden by a registered proprietor unless protected by registration. Such
interests include the equitable interests of beneficiaries under a settlement and all
charges that would be registrable at the Land Charges Department if the land had
been unregistered (see REGISTRATION Of ENCUMBRANCES). Minor interests are protected
by registration of a notice, caution, inhibition, or restriction as appropriate.

minority n. The state of being an *infant (or minor). Compare MAJORITY.

minority clauses Clauses in treaties between states that make special provision
for *ethnic minorities. For example, in the Greco-Bulgarian convention of 1919 there
was a minority clause that allowed for free migration of minorities between the
signatory powers.

minority protection Remedies evolved to safeguard a minority of company
members from the abuse of *majority rule. They include *just and equitable
winding-up, applying for relief on the basis of *unfair prejudice, bringing a
*derivative action or a *representative action, and seeking an *investigation of the
company.

minutes pl. n. Records of company business transacted at general meetings, board
meetings, and meetings of managers. Registered companies are required to keep
such records. Minutes of general meetings can be inspected by company members at
the registered office.

miscarriage n. 1. A failure of justice or a failure in the administration of
justice. 2. A spontaneous *abortion, i.e. one that is not induced.
mischief rule See INTERPRETATION OF STATUTES.
misconduct n. Incorrect or erroneous conduct. See WILFUL MISCONDUCT.
misdemeanour n. Formerly (i.e. before 1967), any of the less serious offences, as
opposed to *felony.

misdescription n. A misleading or inaccurate physical or legal description of
property in a contract for its sale. When a vendor cannot convey property
corresponding to its description in the contract for sale, a breach of contract results,
which at the very least gives the purchaser a right to damages.
If the misdescription is substantial (i.e. it is reasonable to suppose that it
constitutes the basis for the purchaser entering into the contract in the first place),
the vendor will be unable to enforce the contract against the purchaser. When there
is an innocent misdescription, which is not substantial, the contract may be enforced
by the vendor, but subject to a suitable reduction in the contractually agreed price,
even if the purchaser would prefer to rescind the contract (see RESCISSION).
Alternatively, the purchaser might prefer to compel the vendor to convey what title.
he can (despite the misdescription) and receive compensation in addition. If the
misdescription operates in the purchaser's favour, the vendor has no right to claim
any compensation from him.
Under the Property Misdescription Act 1991, *estate agents and property
developers are prohibited from making false or misleading statements about
property in the course of their business. Misdescription in this case relates to what
purports to be fact and not to mere expressions of opinion. Compare
MISREPRESENTATION.

misdirection n. An incorrect direction by a judge to a *jury on a matter of law.
In such cases the Court of Appeal may quash the conviction.
misfeasance n. 1. The negligent or otherwise improper performance of a lawful
act. 2. (in company law) An act by an officer of a company in the nature of a breach
of trust or breach of duty, particularly relating to the company's assets. Compare
MALFEASANCE; NONFEASANCE.
misfeasance summons An application to the court by a creditor, contributory,
liquidator, or the official receiver during the course of winding up a company. The
court is asked to examine the conduct of company officers and others who are
suspected of a breach of a *fiduciary or other duty towa
ds the company and it can
order them to make restitution to the company.
misjoinder of parties An incorrect *joinder of parties in an action. In modern
practice this does not cause the action to abate but it can be rectified by
*amendment.
misleading advertising Advertising that deceives or is likely to deceive those to
whom it is addressed or whom it reaches and, because of its deceptive nature, is
likely to affect consumers' behaviour or injures or is likely to injure a competitor.
EU directive 84/450 requires EU member states to harmonize laws in this area.
mispleading n. The omission of an essential allegation in a claim form or other
statement of case. In modern practice, it can usually be rectified by *amendment.
misprision n. Failure to report an offence. The former crime of misprision of
felony has now been replaced by the crime of *compounding an offence. However,
the common-law offence of misprision of treason still exists; this occurs if a person
knows or reasonably suspects that someone has committed treason but does not
inform the proper authorities within a reasonable time. The punishment for this
offence is forfeiture by the offender of all his property during his lifetime.
misrepresentation n. An untrue statement of fact, made by one party to the
other in the course of negotiating a contract, that induces the other party to enter
into the contract. The person making the misrepresentation is called the
representor, and the person to whom it is made is the representee. A false
statement of law, opinion, or intention does not constitute a misrepresentation; nor
does a statement of fact known by the representee to be untrue. Moreover, unless
the representee relies on the statement so that it becomes an inducement (though
not necessarily the only inducement) to enter into the contract, it is not a
misrepresentation. The remedies for misrepresentation vary according to the degree
of culpability of the representor, If he is guilty of fraudulent misrepresentation
(i.e. if he did not honestly believe in the truth of his statement, which is not the
same as saying that he knew it to be false) the representee may, subject to certain
limitations, set the contract aside by *rescission and may also sue for damages. If he
is guilty of negligent misrepresentation (i.e. if he believed in his statement but
had no reasonable grounds for doing so) the representee was formerly entitled only
to rescission but may now (under the Misrepresentation Act 1967 or by an action in
tort for negligence) also obtain *damages. If the representor has committed merely
an innocent misrepresentation (one he reasonably believed to be true) the
representee is restricted to rescission, subject to the discretion of the court under
the 1967Act to award him damages in lieu. A representee entitled to rescind a
contract for misrepresentation may decide instead to *affirm it. See also
MISDESCRIPTION; NONDISCLOSURE.
mistake n. A misunderstanding or erroneous belief about a matter of fact
(mistake of fact) or a matter of law (mistake of law). In civil cases, mistake is
particularly important in the law of contract. Mistakes of law have no effect on the
validity of agreements, and neither do many mistakes of fact. When a mistake of
fact does do so, it may render the agreement void under common-law rules (in
which case it is referred to as an operative mistake) or it may make it voidable, i.e.
liable, subject to certain limitations, to be set aside by *rescission under more
lenient rules of equity.
When both parties to an agreement are under a misunderstanding, the mistake
may be classified as either a common mistake (i.e. a single mistake shared by both)
or a mutual mistake (i.e. each misunderstanding the other). In the case of common
mistake, there is full *consensus ad idem and the mistake renders the contract void
only if it robs it of all substance. The principal (and almost the only) example is
when the subject matter of the contract has, unknown to both parties, ceased to
exist (res extincta). A common mistake about some particular attribute of the
subject matter (e.g. that it is an original, not a copy) is not an operative mistake.
However, a common mistake relating to any really fundamental matter will render
a contract voidable. In the case of mutual mistake there is no real consensus, but
the contract is nevertheless valid if only one interpretation of what was agreed can
be deduced from the parties' words and conduct. Otherwise, the mistake is operative
and the contract void. When only one party to a contract is under a
misunderstanding, his mistake may be called a unilateral mistake and it makes the
contract void if it relates to the fundamental nature of the offer and the other
party knew or ought to have known of it. Otherwise, the contract is valid so far as
the law of mistake is concerned, though the circumstances may be such as to make
it voidable for *misrepresentation.
A deed or other signed document (whether or not constituting a contract) that
does not correctly record what both parties intended may be rectified by the courts.
When one signatory to a document was fundamentally mistaken as to the character
or effect of the transaction it embodies, he may (unless he was careless) plead his
mistake as a defence to any action based on the document (see NON EST FACTUM).
In criminal cases, a mistake or accident may mean that a person lacked *mensrea.
It has become clear in recent years that a person has a defence if he would have had
a common-law defence, such as *consent, *provocation, or one of the *general
defences, had the facts been as he mistakenly supposed them to be. If someone
commits a crime in ignorance that the law forbids it, he is usually guilty (ignorantia
juris non excusat: ignorance of the law is no excuse).
If a defendant makes a mistake as to the civil law that prevents him having the
mens rea required to be guilty of the crime, he will normally be acquitted of the
crime, even if his mistake is unreasonable (for example, if he damages someone
else's property in the belief that it is his own, and this belief is caused by a mistake
as to the law of property). See alsoGENERAL DEFENCES; INTOXICATION.

mistakes in judgment See SLIP RULE.

mistrial n. A trial that is vitiated by some fundamental defect.

mitigation n. 1. Reduction in the severity of some penalty. Before *sentence is
passed on someone convicted of a crime, the defence may make a plea in mitigation,
putting forward reasons for making the sentence less severe than it might
otherwise be. These might include personal or family circumstances of the offender,
and the defence may also dispute facts raised by the prosecutiori to indicate
aggravating circumstances. In raising mitigating factors, *hearsay evidence and
documentary evidence of *character are accepted. 2. Reduction in the loss or injury
resulting from a tort or a breach of contract. The injured party is under a duty to
take all reasonable steps to mitigate his loss when claiming *damages.

mixed action A form of court action combining a claim relating to real property
with a claim for damages.

mixed fund A fund of money derived from the sale of both real and personal
property.

mixed property *Property that has some of the attributes of both real and
personal property. *Emblements are an example.

mock auction An auction during which (1) any lot is sold to someone at a price
lower than his highest bid for it; (2) part of the price is repaid or credited to the
bidder; (3) the right to bid is restricted to those who have bought or agreed to buy
one or more articles; or (4) articles are given away or offered as gifts. Under the
Mock Auction Act 1961 it is an offence to promote or conduct a mock auction of
plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery,
articles of household or personal use, ornaments, or any musical or scientific
instrument.

molestation n. Behaviour that has the effect or intention of annoying or
pestering one's spouse (or cohabitant) or children. Such an act need not involve
violence or physical assault; harassment (for example by threatening letters or
telephone calls) may constitute molestation. Under the Family Law Act 1996, spouses
(and in some cases unmarried cohabitants) can apply for a court injunction to
prevent molestation (see NONMOLESTATION ORDER). Magistrates' courts have similar
powers under the 1978 Domestic Proceedings and Magistrates' Courts Act, but only if
there is violence and only in relation to married couples. There are procedures for
protecting children in an emergency (see EMERGENCY PROTECTION ORDER). See also
BATTERED CHILD; BATTERED SPOUSE OR COHABITANT; STALKING.

money Bill A Bill that, in the opinion of the Speaker of the House of Commons,
contains only provisions dealing with taxation, the Consolidated Fund, public money,
the raising or replacement of loans by the state, and matters incidental to these
subjects. Such a Bill can become an Act without the House of Lords' consent (see ACT
OF PARLIAMENT).

money had and received A former ground for court action that occurred when
the defendant was in possession of money that should have belonged to the claimant
(for example, when money had been paid to an agent who then failed to pass it on
to his principal).

money laundering Legitimizing money from organized or other crime by paying
it through normal business channels. EU measures exist to control, on an EU-wide
basis, the laundering of money, especially that resulting from organized crime.

moneylender n. A person whose business it is to lend money. The Moneylenders
Acts 1900-27 contained provisions for the control of moneylenders, including the
form of their contracts. Under the Acts, the term "moneylender" did not include
pawnbrokers, friendly or building societies, corporate bodies with special powers to
lend money, those carrying on a banking or insurance business, or businesses whose
primary object is not the lending of money. The more extensive provisions of the
Consumer Credit Act 1974 have replaced the provisions of the Moneylenders Acts.

monism n. The theory that national and international law form part of one legal
structure, in which international law is supreme. It is opposed to dualism, which
holds that they are separate systems operating in different fields.

monopoly n. A situation in which a substantial proportion of a particular type of
business is transacted by a single enterprise or trader. The Fair Trading Act 1973
contains provisions assigning functions in respect of monopolies to the *Director
General of Fair Trading and the Competition Commission. It defines a monopoly
situation, in relation to the supply of goods and services and the export of goods, as
one in which a single enterprise, connected group of companies, or trade association
has one-quarter of the relevant business. When the Competition Commission finds
that a monopoly situation exists and operates against the public interest, the
Minister has powers to remedy or prevent the adverse effects. Sometimes
monopolies involving more than one company (complex monopolies) are
investigated. The Director General of Fair Trading may also investigate joint *abuses
of a dominant position that breach Chapter 11 of the Competition Act 1998 and thus
has a choice as to which provisions are used to investigate monopolies.

month n. A calendar month or a lunar month (28 days). The common law adopted
the lunar month, but the Interpretation Act 1978 provides that the word is to be
presumed to mean calendar month in Acts of Parliament, and the Law of Property
Act 1925 provides similarly for deeds and other written documents.

moot n. A mock trial, often held in university law schools and at the Inns of Court,
for students as practice for future advocacy. A hypothetical case is presented to
students for preparation and then argued before the judge(s) at the moot. This
practice originates in the formal moots held in the medieval Inns of Court, which
were considered an essential part of legal education.

moral law The body of laws to which individuals feel themselves subject, often
through their religious beliefs. See alsoCANON LAW; NATURAL LAW.

mortgage n. An interest in property created as a form of security for a loan or
payment of a debt and terminated on payment of the loan or debt. The borrower,
who offers the security, is the mortgagor; the lender, who provides the money, is
the mortgagee. Virtually any property may be mortgaged (though land is the most
common); exceptions include the salaries of public officials. The name is derived
from Old French (literally: dead pledge), since at common law failure to repay on the
due date of redemption (which in most mortgages is set very early) formerly
resulted in the mortgagor losing all his rights over the property. By the rules of
equity the mortgagor is now allowed to redeem his property at any time on
payment of the loan together with interest and costs (see EQUITY OF REDEMPTION). The
mortgagee has a right to take possession of the mortgaged property as soon as the
mortgage is made, irrespective of whether the mortgagor has defaulted. However,
this right (1) must only be used for the purpose of protecting or enforcing the
security, (2) may be excluded by agreement, or (3) is subject to a power in the court
to adjourn proceedings for possession, to suspend the execution of an order for
possession, or to postpone the date for delivery of possession, where the mortgaged
property is a dwelling house (Administration of Justice Act 1970as amended). This
right is normally used as a preliminary to an exercise of the mortgagee's power of
sale. In face of continued nonpayment of the loan, the mortgagee may sell the
mortgaged property under a *power of sale, appoint a *receiver, or obtain a decree
of *foreclosure.
Under the Law of Property Act 1925 the only valid legal mortgages are (1) a lease
subject to *cesser on redemption and (2) a deed expressed to be a charge by way of
legal mortgage (see CHARGE). All other mortgages are equitable interests only (see
EQUITABLE MORTGAGE). All mortgages of registered land are noted in the charges
register on application by the mortgagee (see LAND REGISTRATION), and a *charge
certificate is issued to him. When mortgaged land is unregistered, a first legal
mortgagee keeps the title deeds. A subsequent legal mortgagee and any equitable
mortgagee who does not have the title deeds should protect his interests by
registration (see PUISNE MORTGAGE; REGISTRATION OF ENCUMBRANCES). See also PRIORITY OF
MORTGAGES.

mortgage action A court action brought by a mortgagee for possession of the
mortgaged property or payment of all money due to him, when the mortgagor has
failed to pay the amounts due under the mortgage.

mortgagee n. See MORTGAGE.

mortgage interest relief Tax relief on the interest payments made to a lender
on a loan for the purchase of the taxpayer's only or *main residence. which was
available until 5 April 2000; after that date, the relief was withdrawn. It applied to
the interest on a loan of up to .30,000; from 1998 until 5 April 2000 the rate of relief
was 15%.

mortgagor n. See MORTGAGE.

motion n. Formerly, an application made orally and in open court to a judge for an
order. This term has been rendered obsolete by the *Civil Procedure Rules; motions
are now referred to as applications.

motive n. The purpose behind a course of action. Motive is not normally relevant
in deciding guilt or innocence (for example, killing to save someone from suffering
is still murder or manslaughter), although it may be of some relevance in the crime
of *Iibel. Nor is a bad motive relevant in deciding legal guilt. However, a good
motive may be invoked as a reason for mitigating a punishment upon conviction,
and a bad motive may provide circumstantial evidence that the defendant
committed the crime he is charged with.

motor car See MOTOR VEHICLE.

motor cycle See MOTOR VEHICLE.

motoring offences See OFFENCES RELATING TO ROAD TRAFFIC.

motor insurance See THIRD-PARTY INSURANCE.

Motor Insurers' Bureau A body set up by the insurance industry, by agreement
with the Department of Transport. It provides cover if someone has been injured or
killed in a motor accident and in respect of a liability required by the Road Traffic
Act to be covered by a contract of insurance when either (1) a judgment against the
party liable is unsatisfied, for example because the party is (in breach of the Road
Traffic Act) uninsured, or (2) the wrongdoer cannot be identified.

motor vehicle For the purposes of the Road Traffic Acts, any mechanically
propelled vehicle intended or adapted for use on the roads. This includes motor cars
(vehicles of not more than 3 tonnes in unladen weight, designed to carry loads or up
to seven passengers) and motor cycles(vehicles of not more than 8 cwt in unladen
weight and having less than four wheels). A car from which the engine has been
removed may still be considered to be mechanically propelled if the removal is
temporary, but if so many parts have been removed that it cannot be restored to
use at a reasonable expense, it ceases to be mechanically propelled. A dumper used
for carrying materials at a building site is not intended for use on roads, even if it is
in fact used on a road near the building site; and a go-kart is not intended nor
adapted for use on the roads (even though it is capable of being used on the roads).
See also CONVEYANCE.

motorway driving Contravention of the regulations relating to driving on a
motorway, as outlined in the Highway Code, is an offence punishable by
*endorsement (carrying 3 points under the *totting-up system) and discretionary
*disqualification.

MOT test An annual test originally ordered by the Ministry of Transport (now
Department of Transport, Local Government, and the Regions) to be carried out on
all motor vehicles over a certain age to ensure that they comply with certain legal
requirements relating to vehicle maintenance. The test covers brakes, steering, lights
and indicators, windscreen wipers and washers, the exhaust system, horn, tyres (and
to some extent, the wheels), bodywork and suspension (insofar as they affect the
brakes and steering), and seat belts. It is an offence to put on the road a motor
vehicle that has been registered for over three years (five years in Northern Ireland)
without a valid test certificate. A certificate is issued for 12 months and must be
renewed annually; a vehicle that is subject to a test cannot be licensed without a
test certificate (see ROAD TAX). It is not an endorsable offence not to have an MOT
certificate, but this may invalidate the motorist's insurance and result in a charge of
*driving without insurance. An MOTcertificate does not indicate that the vehicle is
roadworthy in all respects and is not a defence to charges brought under the
"vehicle construction and maintenance regulations.

movables pl. n. Tangible items of property other than land and goods fixed to the
land (i.e. immovables).

IVIP (Member of Parliament) See HOUSE OF COMMONS.

IVIR See MASTER OF THE ROLLS.

multiple admissibility The principle of the law of evidence that if evidence is
admissible for one purpose it may not be rejected solely because it is inadmissible
for some other purpose. However, the *trier of fact may have to be directed not to
consider the evidence when deciding those issues in respect of which it is
inadmissible.

multiple agreement (under the Consumer Credit Act 1974) An agreement the
terms of which are such that (1) part of it falls within one category of agreement
mentioned in rhe Act and another part within a different category of agreement,
which mayor may not be mentioned in the Act; or (2) a part or the whole of it is
placed within two or more categories of agreement mentioned in the Act. When
part of an agreement falls within a category mentioned in the Act, that part is
treated for the purposes of the Act as a separate agreement. When an agreement
falls within two or more categories, it is treated as an agreement in each of the
categories in question.

multi-track n. The track to which a civil case is allocated (see ALLOCATION) when the
claim is more complex and/or for a higher amount (exceeding .15,000) than those
catered for in the *fast track, With the exception of personal injury claims not
exceeding .50,000, the jurisdiction for which is retained by the county court, these
actions will be based in the High Court. Unlike the *small claims track and the fast
track, the multi-track uses tools of *case management rather than standard
procedure to process. Those tools include the use of *case management conferences
and *pre-trial reviews.

municipal law The national, or internal, law of a state, as opposed to
international law. See also DOCTRINE OF INCORPORATION; PRNATE LAW; PUBLIC LAW.

muniments pl. n. Documents that prove a person's title to land. They include the
relevant *title deeds, certificates of *official search, and other documents tracing
ownership of the land through to the present owner.

munitions of war Vessels, aircraft, fighting vehicles, arms, ammunition,
explosive devices, or any other articles, materials, or devices intended or adapted for
Use in war.

murder n. Homicide that is neither accidental nor lawful and does not fall into the
categories of *manslaughter or *infanticide. The mens rea for murder is
traditionally known as *malice aforethought and the punishment (since 1965) is *life
imprisonment. Murder is subject to the special defences of *diminished
responsibility, *suicide pact, and *provocation. Under the Crime (Sentences) Act 1997
a second conviction for attempted murder carries a mandatory sentence of life
imprisonment (see REPEAT OFFENDER).

mute adj. See STANDING MUTE.

mutiny n. An offence against service Jaw committed by any member of HM forces
who combines with one or more other members (whether or not civilians are also
involved) to overthrow or resist lawful authority in those forces or any forces
cooperating with them. If a civilian is involved, his conduct will be a matter for the
ordinary criminal law. The offence is also committed if the aim of the combination
is to disobey lawful authority in a manner subversive of discipline, or for the
purpose of avoiding any duty connected with operations against the enemy, or
generally to impede the performance of any duty in HM forces or any cooperating
forces.

mutual mistake See MISTAKE.

mutual wills Wills conferring reciprocal benefits, made by two or more persons
who have agreed that the wills are not to be revoked. The court will enforce the
agreement by declaring that the survivor holds the relevant property on
*constructive trust to give effect to the mutual will. For example, Hand W by
agreement make wills leaving property to each other absolutely, each providing that
if the other dies first the property goes instead to X. If after H's death W makes a
fresh will in favour of Y,the court will on Ws death nonetheless give effect to the
interest left to X under the original mutual will. The fresh will is admitted to
probate, but the *personal representatives of the survivor can only take the relevant
property subject to a constructive trust in favour of X. The property that forms the
subject matter of the trust is to be determined by construing the agreement
contained in the mutual wills.