N

naked agreement See CONSIDERATION.

naked trust See BARE TRUST.

name n. See BUSINESS NAME; CHANGE OF NAME; COMPANY NAME; SURNAME.

name and arms clause A clause in a settlement providing that the beneficiary
forfeits his entitlement unless he uses a specified surname and, if appropriate, coat
of arms at all times. The clause is valid only if it is sufficiently precise.

National Assembly for Wales See WELSH ASSEMBLY.

national conditions of sale One of a number of sets of standard conditions of
sale used by solicitors in drawing up closed contracts for the sale of land. Another
set of conditions is made available by the Law Society. Compare OPEN CONTRACT;
STATUTORY FORM OF CONDITIONS OF SALE.

National Crime Squad A body of police officers organized on a national basis to
tackle serious and organized crime. It was set up under the Police Act 1997, in
conjunction with the *Criminal Records Agency and the authorization of intrusive
*surveillance operations.

National Health Service (NHS) A service established for England and Wales in
1948 as a result of the National Health Service Act 1946 and reorganized in 1974,1982,
1990(as a result of the National Health Service and Community Care Act 1990), and
in 1999(under the Health Act 1999). It is concerned with the provision of hospital,
specialist, general practitioner (medical, dental, ophthalmic, and pharmaceutical),
nursing, ambulance, and related services, under the ultimate responsibility of the
Secretary of State for Health. The 1990Act introduced major changes and divided
the service into those bodies responsible for the acquisition of care (contractors)
and those responsible for the provision of care (providers). In England the Health
Service is administered by the National Health Service Executive headed by a Chief
Executive, under which there are (since 31 March 1996) eight regional offices, which
took over the functions of the Regional Health Authorities (RHAs), i.e. overall
planning responsibility for their regions and allocation of resources to health
authorities within these regions. In April 1996 the role of the contractors was taken
over by new *Health Authorities, which assumed the functions of the District
Health Authorities (DHAs), responsible for assessing and acquiring services required
for their districts by awarding contracts to such providers as *NHS Trusts; and the
Family Health Service Authorities, which awarded contracts for services provided
by general practitioners, dentists, and pharmacists. An element of competition was
introduced by the 1990Act in that a DHA could place contracts for any, or all, of the
health care required for its own district either with local services or with the
services provided outside its area.
General practitioner services were reorganized in a similar way with some GPs
(fundholders) holding their own budgets and having the power to purchase the
services they required for their own patients from whichever provider gave them
the service they needed. However, the Health Act 1999ended GPfundholding and
created *Primary Care Trusts. See also COMMISSION FOR HEALTH IMPROVEMENT.
national insurance A scheme of state-administered social security benefits (e.g.
income support, incapacity benefit, and retirement pensions). These were
inaugurated by the National Insurance Act 1946 and are now given effect by the
Social Security Acts 1975-96.A separate industrial injuries insurance scheme was
established by the National Insurance (Industrial Injuries) Act 1946,but the Social
Security Acts now govern the payment of *industrial injuries disablement benefit.
Entitlement to social security or disablement benefits is determined by adjudication
officers; appeals from their decisions may be made to a *Social Security Appeal
Tribunal.

nationality n. The state of being a citizen or subject of a particular country. See
BRITISH CITIZENSHIP; BRITISH DEPENDENT TERRITORIES CITIZENSHIP; BRITISH OVERSEAS CITIZENSHIP; BRITISH SUBJECT; BRITISH NATIONAL (OVERSEAS).

nationalized industries Industries that have by statute been taken into public
ownership as <corporations. They are administered by ministerially appointed
boards (rather than by government departments). The minister controls and is
accountable to Parliament for matters of general policy, but the day-to-day affairs of
the industries are managed by the boards alone and are not subject to detailed
parliamentary scrutiny. Nationalized industries in the UKhave been progressively
returned to the private sector through <privatization, mainly by being floated on
the Stock Exchange as *public companies.

national treatment standard The doctrine that a state is only bound to treat
aliens and their property in the same way as it would treat its own citizens. Opposed
to the *international minimum standard, it is seen by its proponents (originally
l.atin American countries) as counteracting the attempts of economically and
politically powerful Western states to use international law to impose their will on
less well-developed states. Its effect, however, has been to expose foreign nationals to
objectionable standards in states that regularly maltreat their own nationals.

natural child 1. An illegitimate child (see ILLEGITIMACY). Until 1969a gift by will to
one's "children" was presumed to exclude natural (illegitimate) children, but there is
now a presumption that it does include them. 2. A child of one's body, as opposed to
an adopted child.

naturalization n. The legal process by which a person acquires a new nationality.
In the UK, *British citizenship or *British Dependent Territories citizenship is
acquired by means of a certificate of naturalization. This is granted by the Secretary
of State to an applicant who has satisfied statutory requirements as to residence and
other matters and taken an *oath of allegiance.

natural justice Rules of fair play, originally developed by the courts of equity to
control the decisions of inferior courts and then gradually extended (particularly in
the 20th century) to apply equally to the decisions of administrative and domestic
tribunals and of any authority exercising an *administrative power that affects a
person's status, rights, or liabilities. Any decision reached in contravention of natural
justice is void as *ultra vires. There are two principal rules. The first is the rule
against bias (i.e. against departure from the standard of even-handed justice
required of those who occupy judicial office) - nemo judex in causa sua (or in
propria causa) (no man may be a judge in his own cause). This means that any
decision, however fair it may seem, is invalid if made by a person with any financial
or other interest in the outcome or any known bias that might have affected his
impartiality. The second rule is known as audi alteram partem (hear the other side).
It states that a decision cannot stand unless the person directly affected by it was
given a fair opportunity both to state his case and to know and answer the other
side's case.

natural law The permanent underlying basis of all law. The philosophers of
ancient Greece, where the idea of natural law originated, considered that there was a
kind of perfect justice given to man by nature and that man's laws should conform
to this as closely as possible. Theories of natural law have been an important part of
jurisprudence throughout legal history. Natural law is distinguished from positive
law, which is the body of law imposed by the state. Natural law is both anterior and
superior to positive law.

natural person A human being. Compare JURISTIC PERSON.

natural rights 1. (in *naturallaw) a. Rights conferred on all individuals by the
natural law. b. The fundamental rights found in civilized nations to which all men
are entitled without interference by the state. This concept of natural law was
particularly popular in the 18th century. It has had great influence in the legal
history of the USA, as seen, for example, in the Virginian Declaration of Rights: "All
men are by nature equally free and independent and have certain inherent natural
rights of which when they enter a society they cannot by any compact deprive or
divest their posterity". See also HUMAN RIGHTS. 2. (in land law) Rights automatically
belonging to a landowner, violation of which constitutes an actionable *nuisance.
The most obvious and important of these is the landowner's right to enjoy his land
in its natural state and not to have support for it eroded by the activities of his
neighbours (for example through excavation or quarrying operations). This right
relates to the land rather than to buildings on it, although damages for infringing
the natural right of support may reflect the damage done to buildings on the land
affected by the neighbours' activities. A natural right to water may exist if it flows
naturally through the landowner's property via a defined channel. Compare
EASEMENT.

naval court A court formerly convened under the Merchant Shipping Act 1894
either by the captain of one of HM ships on foreign station or by a consular officer.
Its purpose was to inquire into the abandonment or loss of any British ship, any
complaint by an officer or seaman of such a ship, or any other matter requiring
investigation in the interests of the owners of the ship or its cargo. It reported to
the Department of Trade and Industry and had limited disciplinary powers. A naval
court consisted of three to five members, each of whom was either a naval officer,
the master of a British merchant ship, a consular officer, or a British merchant (each
of the first three of these categories being represented if possible).
Inquiries into the fitness or conduct of an officer are now governed by the
Merchant Shipping Act 1995, at the instigation of the Secretary of State. Inquiries
are held in public and are conducted by a lawyer or judge, assisted by one or more
assessors appointed by the Lord Chancellor. The person appointed to hear the
inquiry is required to announce his decision at the end of the inquiry and to make a
report to the Secretary of State. The inquiry may cancel or suspend any certificate
of competence issued to the officer concerned, or censure him, if satisfied that he
did not act to the standards required of him.

naval law See SERVICE LAw.

naval property Any chattel belonging to the Crown that is issued, or stored for
the purpose of being issued when required, for naval purposes. Compare MILITARY
STORES.

navigation n. 1. The science of directing the course of a vessel or aircraft. Loss
occasioned by improper navigation may arise even though a vessel IS moored. 2. A
right to navigate inland waters.

necessaries pl. n. Goods or services suitable to the condition in life ~nd actual
requirements of a minor or a person subject to incapaCIty,.e.g. ssseutial clothmg.
Although such a person's legal *capacity to contract IS limited, he must pay a
reasonable price for necessaries sold and delivered to him.

necessary in a democratic society An expression set out in a number of the
articles of the *European Convention on Human Rights: it makes that particular
right a *qualified right and provides a signatory state with a defence of
*proportionality.

necessity n. Pressure of circumstances compelling one to ~ommit an illegal act.
The extent to which English law accepts a defence of necessity to a criminal charge
is unclear (compare DURESS; SELF-DEFENCE). There have, however, been acquittals on this
basis when (1) a prisoner escaped from a burning gaol; and (2) the crew ?f a ShIP
jettisoned the cargo (not belonging to them) to save the ShIP from sinking. The
House of Lords has also recently ruled that a surgeon may have a defence of
necessity if he operates in order to save life. Necessity is not, however, a defence to
charges of theft Or murder (for example when ship-wrecked victims kill and eat one
of their number) and it is not usually a defence to dnvmg offences. The definitions
of some statutory offences incorporate such expressions as "unlawfully" or "without
lawful authority or excuse" and so should admit necessity defences. Other statu.tory
provisions (1) authorize police and fire officers, if necessary, to ?rea~( II~tO premises
when a fire has broken out and do everything necessary to extinguish It; and (2)
provide qualified exemption from compliance with traffic lights for fire engines,
ambulances, and police vehicles. . .
Necessity is in some circumstances a defence to an action in tort, but It IS
probably limited to action taken to protect life or property in an emergency not
caused by the defendant's negligence. The steps taken in the emergency must be
reasonable.

negative clearance The procedure by which the European C?mmission
determines that an agreement notified to it under the competrtion rules of the
Treaty of Rome does not infringe the rules (see COMPETITION LAW). Alternatively, for
agreements that infringe the rules, "block exemption may be gTante~. Most
notifications contain an application for both negative clearance and, If the
Commission determines that the rules apply, a block exemption.
negative pregnant An evasive reply to an allegation in a statement of case,
which - while being a literal response - in fact evades the true matter at Issue'.For
example, if A denies that he received .1000from B,. this IS a negative pre.nant If he
in fact received a lesser amount and the matter at Issue was that he received money
from B. Compare AFFIRMATIVE PREGNANT.

negative resolution See DELEGATED LEGISLATION.

neglect n. It is a criminal offence for a parent or gu~r~ian to neglect their child in
a way that is likely to cause unnecessary suffering or injury to health, when the
parent is aware of (or reckless as to) the likely consequences of the neglect. Neglect
may also be evidence of *negligence and may gIve nse to a charge of manslaughter
if the neglected person dies.

negligence n. 1. Carelessness amounting to the culpable breach of a duty: failure
to do something that a reasonable man (i.e. an average responsible citizen) would do,
or doing something that a reasonable man would not do. In cases of professional
negligence, involving someone with a special skill, that person is expected to show
the skill of an average member of his profession. Negligence may be an element in a
few crimes, e.g. *careless and inconsiderate driving, and various regulatory offences,
which are usually punished by fine. The main example of a serious crime that may
be committed by negligence is *manslaughter (in one of its forms). When negligence
is a basis of criminal liability, it is no defence to show that one was doing one's best
if one's conduct still falls below that of the reasonable man in the circumstances. See
also GROSS NEGLIGENCE. 2. A tort consisting of the breach of a *duty of care resulting
in damage to the claimant. Negligence in the sense of carelessness does not give rise
to civil liability unless the defendant's failure to conform to the standards of the
reasonable man was a breach of a duty of care owed to the claimant, which has
caused damage to him. Negligence can be used to bring a civil action when there is
no contract under which proceedings can be brought. Normally it is easier to sue for
*breach of contract, but this is only possible when a contract exists. Generally, fewer
heads of damage can be claimed in negligence than in breach of contract, but the
rules limiting the time within which actions can be brought (see LIMITATION OF
ACTIONS) may be more advantageous for actions in tort for negligence than for
actions in contract. See also CONTRIBUTORY NEGLIGENCE; RES IPSA LOQUITUR.

negligent misstatement (negligent misrepresentation. carelessstatement)
A false statement of fact made honestly but carelessly. A statement of opinion may
be treated as a statement of fact if it carries the implication that the person making
it has reasonable grounds for his opinion. A negligent misstatement is only
actionable in tort if there has been breach of a duty to take care in making the
statement that has caused damage to the claimant. There is no general *duty of care
in making statements, particularly in relation to statements on financial matters.
Responsibility for negligent misstatements is imposed only if they were made in
circumstances that made it reasonable to rely on them. If a negligent misstatement
induces the person to whom it was made to enter into a contract with the maker of
the statement, the statement may be actionable as a term of the contract if the
parties intended it to be a term or it may give rise to damages or *rescission under
the Misrepresentation Act 1967(see also MISREPRESENTATION).

negotiable instrument A document that constitutes an obligation to pay a sum
of money and is transferable by delivery so that the holder for the time can sue
upon it in his own name. The transferee can enforce the obligation even if the
transferor's title is defective, provided that he accepted the document in good faith
and for value and had no notice of the defect. The most important classes of
negotiable instruments are *bills of exchange (including cheques) and *promissory
notes.

negotiation n. (in international law) A diplomatic procedure by which
representatives of states, either by direct personal contact or through
correspondence, engage in discussing matters of mutual concern and attempt to
resolve disputes that have arisen in relations between themselves.

negotiation of a bill The transfer of a *bill of exchange from one person to
another so that the transferee becomes the holder. A bill payable to bearer is
negotiated by *delivery; a bill payable to order is negotiated by the *endorsement of
the holder completed by delivery. The issue of a bill to the payee is not a
negotiation.

nemo dat quod non habet [Latin: no one can give what he has not got] The basic
rule that a person who does not own property (e.g.a thief) cannot confer it on
another except with the true owner's authority (i.e. as his agent). Exceptions to this
rule include sales under statutory powers and cases in which the doctrine of
*estoppel prevents the true owner from denying the authority of the seller to sell.

nemo debet bis vexari [Latin: no man ought to be twice vexed] No person should
be twice sued or prosecuted upon the same set of facts if there has been a final
decision of a competent court. The maxim reflects the policy underlying the
doctrine of *estoppel per rem judicatam and *issue estoppel.

nemo est heres viventis [Latin: no one is the heir of a living person] A maxim
stating that a person's *heir can be ascertained only at the time of his death, since
until then his heir apparent may die or be disinherited. Thus an heir apparent has
no legal or equitable interest in property he expects to inherit until it actually
devolves upon him.

nemo judex in causa sua (nernojudex in propria causa) See NATURAL JUSTICE.

nemo tenetur seipsum accusare [Latin; no one is bound to incriminate himself]
A maxim reflecting the policy underlying the *privilege against self-incrimination.
nervous shock A recognizable psychiatric illness caused by shock, as distinct from
normal grief, sorrow, or anxiety. Those involved in an accident, who are known as
primary victims, can recover damages for shock. Recovery by others (e.g. relatives of
the accident victims), known as secondary victims, is strictly limited.
neutrality n. The legal status of a state that adopts a position of impartiality
toward two other states who are at war with each other. The impartial state accords
recognition of the state of belligerency between the two warring parties and this, in
turn, creates rights and duties that fall upon all concerned.

neutralization n. The guarantee of the independence and political and territorial
integrity of (usually) a small power by a collective agreement of great powers,
subject to the condition that it will not take up arms against another state, except
in self-defence, or enter into any treaty that may compromise its neutrality.

new trial (retrial) A second trial of a case ordered by an appellate court. In civil
cases the Court of Appeal may order a new trial on grounds including misconduct
by the judge (such as a serious misdirection), serious procedural irregularity, or (in
rare cases) because fresh evidence has come to light. In criminal cases new trials are
rarely ordered, but the former requirement that the appeal had to be based upon
the admission of fresh evidence has been abolished. See also VENIRE DE NOVO.

next friend See LITIGATION FRIEND.

next of kin A person's closest blood relations. Parents and children (including
those of unmarried parents) are treated as being closer than grandparents,
grandchildren, or siblings.

NGO See NONGOVERNMENTAL ORGANIZATION.

NHS See NATIONAL HEALTH SERVICE.

NHS Trust A self-governing body within the *National Health Service that
operates a local hospital. NHS Trusts, which are independent of *Health Authority
control, have their own budgets and are responsible for their own policies and
priorities

nisi adj. [Latin) Not final or absolute. See also DECREE NISI.

no case to answer A submission by the defending party in a court action that
the claimant's or prosecution's case is not sufficient for the defendant to need to
make any reply, either because of insufficient legal grounds or because of
insufficient factual evidence. If the submission succeeds, judgment is entered for
the defence.

no-fault compensation A scheme based on the principle that injured persons
should receive compensation for their injuries without having to prove fault against
any individual. The term is American in origin, and in the USAand Canada it usually
refers to compensation schemes for injuries occurring in highway accidents. New
Zealand introduced a comprehensive no-fault compensation scheme for personal
injuries caused by accident in 1974,which replaced actions in tort for personal
injuries, but the scope of the original scheme has since been reduced. In the UK,
industrial disablement benefit is a form of no-fault compensation.

noise n. See NUISANCE; NUISANCE NEIGHBOURS.

nolle prosequi [Latin: to be unwilling to prosecute) A procedure by which the
*Attorney General may terminate criminal proceedings. The entry of a nolle prosequi
automatically terminates criminal proceedings on *indictment, but the leave of the
court is required in the case of a *summary trial. The procedure is most commonly
employed when the accused cannot be produced in court to plead or stand his trial
owing to physical or mental incapacity that is expected to be permanent. It is also
sometimes used when the Attorney General considers that a prosecution is not in
the public interest. His decision is not subject to any control by the courts. Unlike
an acquittal, a nolle prosequi does not bar a further prosecution.

nominal capital See AUTHORIZED CAPITAL.

nominal damages A token sum of *damages awarded when a legal right has
been infringed but no substantial loss has been caused.

nomination n. 1. The naming of a person for a vacant post or office or as a
candidate in a parliamentary or local-government election. 2. The naming by a
member of a friendly society of a person to take his interest in the society on his
death, without the need for a formal will. The member must be 16 or over and the
nomination must be made in writing; it may be revoked at any time by the member
himself and is, in any event, revoked on his marriage.

nominee shareholder A company member who holds the shares registered in
his name for the benefit of another. The identity of the person with the true
interest may be subject to disclosure and to investigation under the Companies Act.

nonage n. The period during which someone is under the age of majority (18
years). See INFANT.

noncohabitation order An order made by magistrates relieving a wife of the
duty of living with her husband. Since 1978noncohabitation orders have been
abolished, but orders made before 1978may still be of relevance in *divorce
proceedings.

noncommercial agreement A *consumer-credit agreement or a *consumer-hire
agreement that is made by a creditor or owner but not in the course of a business
carried on by him. Such an agreement is outside certain of the provisions of the
Consumer Credit Act 1974.

noncontentious business Any business of a solicitor that is not *contentious
business, i.e. it is business of a nonlitigious character.

nondisclosure n. 1. (concealment) (in contract law) The failure by one party,
during negotiations for a contract, to disclose to the other a fact known to him that
would influence the other in deciding whether or not to enter into the contract. A
full duty of disclosure exists only in the case of contracts *uberrimae fidei, which are
usually contracts of insurance. If the person to be insured tells an untruth, the
contract will (like any other) be voidable for *misrepresentation; if this person also
suppresses a material fact, it will be voidable for nondisclosure. In the case of other
contracts, there is no general duty to volunteer information and mere silence cannot
constitute misrepresentation. There is, however, a very limited duty of disclosure. A
person who does volunteer information must not tell only a partial truth and must
correct any statement that subsequently becomes to his knowledge untrue; breach
of this duty will render the contract voidable for misrepresentation. 2. (in court
procedure) Failure of a party to include a document that should have been disclosed
in his list of documents (see DISCLOSURE AND INSPECTION OF DOCUMENTS). The other
party may seek an order for specific disclosureof the document or an order
requiring the party making disclosure to verify his list of documents by *affidavit.
nondiscrimination notice Notice served by the Commission for Racial Equality
or by the Equal Opportunities Commission requiring an offender who has practised
illegal *racial discrimination or *sex discrimination not to commit such acts.

non est factum [Latin, from non est factum suum, it is not his deed] A plea that an
agreement (originally a deed) mentioned in the statement of case was not the act of
the defendant. It can be used as a defence to actions based on *mistakes in
documents when the defendant was fundamentally mistaken as to the character or
effect of the transaction embodied in the document.

nonfeasance n. Failure to perform an act required by law. Until 1961, a highway
authority guilty of nonfeasance by failing to carry out repair and maintenance was
not liable for injuries caused because of this. It was, however, liable for
*misfeasance. The defence of nonfeasance was then abolished by statute, but an
authority can plead instead the statutory defence that it took all reasonable care to
secure that the highway was not dangerous.

nongovernmental organization (NGO) A private international organization
that acts as a mechanism for cooperation among private national groups in both
municipal and international affairs, particularly in economic, social, cultural,
humanitarian, and technical fields. Under Article 71 of the United Nations Charter,
the Economic and Social Council is empowered to make suitable arrangements for
consultation with NGOs on matters within its competence.

nonjoinder n. A plea in *abatement alleging that the claimant had failed to join
all necessary parties in the action. In modern practice this does not cause the action
to abate but it can be rectified by *amendment.

nonjury list A list of cases for trial by judge alone in the High Court. See also LISTS.

nonmolestation order A wide-ranging order under the Family Law Act 1996
restraining a person (the respondent) from attacking or going near someone
associated with the respondent (such as a cohabitant, spouse, or parent) or from
otherwise doing what the court orders him not to do. See also BATTERED SPOUSE OR
COHABITANT; MOLESTATION.

nonprovable debt A debt that cannot be claimed in the course of *bankruptcy
proceedings. Examples are *statute-barred debts and debts that cannot be fixed or
estimated. Compare PRoVABLE DEBT.

nonresident parent A parent who is not living with his or her child and who
may be liable to pay *child support maintenance. Nonresident parents were
formerly known as absent parents.

nonsuit n. 1. The withdrawal by a judge of a case from a jury with a verdict being
entered in favour of the accused. 2. Formerly, a claimant's withdrawal from a civil
court action.

non-user n. The failure to exercise a right over land, which may be extinguished if
the non-user continues for a sufficient period. See LIMITATION OF ACTIONS.

Northern Ireland Assembly A body established under the Northern Ireland Act
1998. It consists of 108 elected members and has limited primary legislative powers
in such areas as agriculture, the environment, economic development, health,
education, and social security. See DEVOLUTION.

notary (notary public) n. A legal practitioner, usually a solicitor, who attests or
certifies deeds and other documents and notes or *protests dishonoured bills of
exchange. Ecclesiastical notaries are usually diocesan registrars and the legal
secretaries of bishops; general notaries may practise anywhere in England and
Wales; and district notaries practise in a limited area. Diplomatic and consular
officials may exercise notarial functions outside the UK.

not guilty 1. A denial of the charges by an accused person in court. If there is
more than one charge, the accused may plead guilty to some and not guilty to
others. 2. A *verdict finding that an accused person has not committed the offence
with which he was charged. However, he may, at the same time, be found guilty of
other offences. See also ACQUITTAL; INSANITY.

notice n. 1. Knowledge of a fact. A person is said to have *actual notice of
anything that he actually knows; *constructive notice of anything that he ought
reasonably to know (for example, any fact that he would have discovered if he had
made any inquiry that a reasonable man would have made); and *imputed notice of
anything of which any agent of his has actual or constructive notice. 2. (in
employment law) Formal notification, given by either of the parties to a contract of
employment, that the contract is to be terminated after a specified period. The
period of notice to which each party is entitled is governed by the contract, subject
to statutory minimum periods if the employee has been continuously employed in
the business (see CONTINUOUS EMPLOYMENT) for more than four weeks. An employee
who has been so employed for up to two years is entitled to a week's notice; one
employed for a longer period is entitled to one week's notice for each year's
continuous employment up to 12 years. Thus an employee who has been employed
for 20 years must be given a statutory minimum of 12 weeks' notice, although his
employment contract may entitle him to a longer period, which takes priority. An
employee with four weeks' continuous employment must give at least one week's
notice of his resignation. An employee whose conduct justifies immediate dismissal
is treated as waiving his right to notice, as is an employer whose conduct amounts
to *constructive dismissal. A fixed-term contract cannot be terminated by notice
unless the contract expressly provides for this. 3. (in land law) An entry against a
registered title that may be lodged by a person with a right or interest in the land
comprised in the title. The rights and interests that may be protected by a notice
are listed in the Land Registration Act 1925,and a notice must always specify the
right or interest it seeks to protect. A notice differs from a *caution or an
*inhibition in that dealings with the land affected may still take place, but they will
have effect subject to the right or interest protected by the notice. 4. (in
*Community legislation) A nonbinding document. Notices are often issued by the
European Commission to explain further details of a competition regulation, for
example in relation to exclusive distribution and purchasing agreements,
cooperation agreements, subcontracting agreements, agency agreements, and the
distinction between cooperative and concentrative *joint ventures. Notices are not
binding on the Commission, whereas regulations are; however, in practice it would
be very rare for the Commission to depart from policies set out in a notice.

notice of abandonment See ABANDONMENT; CONSTRUCTIVE TOTAL LOSS.

notice of discontinuance Notice served by a claimant (or by a defendant in
respect of a *counterclaim) voluntarily giving up all or part of a claim. In general, a
claimant may discontinue by filing a notice of discontinuance with the court and
serving copies on all parties. Discontinuance does not require the permission of the
court except in the following circumstances: (1) when an interim injunction has
been granted; (2)when an undertaking to the court has been given; (3)when the
claimant has received an interim payment; or (4)when there is more than one
claimant.

notice of dishonour A notice that must be given by the holder of a *bill of
exchange to the drawer and to each endorser when the bill has been dishonoured;
any drawer or endorser to whom notice is not given is discharged. The notice must
identify the bill and state that it has been dishonoured by nonacceptance or
nonpayment. The notice must be given within a reasonable time of the <dishonour
(to which strict rules apply). Certain excuses are recognized for failure to give notice
or delay.

notice of intended prosecution A written notice issued to someone charged
with any of certain specified driving offences stating that he or she will be
prosecuted. These offences are: *speeding, "dangerous driving, *careless and
inconsiderate driving, *ignoring traffic signals, and leaving a car in a dangerous
position (see OBSTRUCTION). If the offender was not warned when he committed the
offence that he might be prosecuted for it, he cannot normally be subsequently
prosecuted unless he is served with either a summons or a notice of intended
prosecution within 14 days of committing the offence. If he is prosecuted
nonetheless, he may appeal against his conviction. If the notice was posted by
registered or recorded mail so that it would normally have arrived within the 14
days, the motorist cannot plead that he did not receive it within that time. It is not
necessary to serve a notice of intended prosecution when: (1) an accident happened at
the time of the alleged offence owing to the presence on the road of the car
involved in the alleged offence; (2) it was not possible to find out the name and
address of the accused (or registered owner) in time; or (3) the motorist is charged
with *causing death by dangerous or careless driving or *drunken driving.

notice to produce Notice by one party to a civil action requiring another to
produce documents in his possession at the trial. If he fails to do so, *secondary
evidence of the documents may be given. If there has been *disclosure and
inspection of documents, the person making disclosure is deemed to be on notice to
produce the documents that he stated were in his possession, custody, or power.

notice to quit The formal notification from a landlord to a tenant (or vice versa)
terminating the tenancy on a specified date. The notice must be clear and
unambiguous and it must terminate the tenancy in relation to the whole of the
rented property: a notice to quit part of the property can be valid only if
specifically allowed by the tenancy. When the tenant lives in the rented property,
the notice to quit must be in a statutory form that tells the tenant his legal rights.
Otherwise no particular form is required for a notice to quit.
The period of notice varies according to the kind of tenancy and any agreement
between the parties. In the case of periodic tenancies for which no period has been
agreed the following periods apply: a yearly or longer tenancy - six months; a
monthly tenancy - one month; a quarterly tenancy - one quarter; a weekly tenancy
- one week. The notice must be given so that it expires at the end of one of the
periods of the tenancy, for example in a yearly tenancy beginning on 1 January, the
notice must expire on 31 December. If tenants have statutory protection this can
affect the length of the notice to quit. Thus residential tenants must be given at
least four weeks' notice, tenants of *agricultural holdings must be given a year's
notice, and tenants of *business tenancies are entitled to at least six months' notice.
In these cases a tenant may be entitled to continue in occupation of the rented
property even after the notice to quit has expired. If the landlord treats the tenancy
as continuing after the notice to quit has expired, a new tenancy may be created.

notice to treat A notice required to be given, under the Compulsory Purchase Act
1965, by an acquiring authority to all persons interested in or having power to sell
and conveyor release land proposed to be compulsorily acquired (see COMPULSORY
PURCHASE). The notice must give particulars of the land concerned, demand
particulars of the recipient's estate and interest in the land and of his claim in
respect of it, and state that the acquiring authority is willing to negotiate for the
purchase of the land and regarding compensation payable for damage.

noting a bill See PROTEST.

not negotiable Words marked on a crossed cheque indicating that a transferee
for value of the cheque gets no better title to it than his transferor had. Since the
Cheques Act 1992most banks have printed cheques that are not negotiable. A bill of
exchange so marked is not transferable.

not proven A "verdict used in Scottish courts when the prosecution's case has not
reached a sufficient standard of proof to establish the accused person's guilt, but
there is some doubt about his innocence. The effect is the same as a not guilty
verdict: the accused is released and cannot be tried again for the same offence.

nova causa interveniens See NOVUS ACTUS INTERVENIENS.

novation n. The substitution of a new contract for one already existing. The new
contract may be between the same parties or it may involve the introduction of a
new party, as in the case of the substitution of debtors. If A owes B .100and Bowes
C .100, novation would occur if all three agreed that the existing debts were to be
extinguished and that A is to pay C a new debt of .100. Novation should be
distinguished from *assignment of a commercial agreement, in which no new
agreement is needed and the benefit of a contract is transferred to the assignee.

novus actus interveniens (nova causa interveniens) [Latin: a new intervening
act (or cause)] An act or event that breaks the causal connection between a wrong or
crime committed by the defendant and subsequent happenings and therefore
relieves the defendant from responsibility for these happenings. See CAUSATION.

no win, no fee See CONDITIONAL FEE AGREEMENT; MAINTENANCE AND CHAMPERTY.

nudum pactum [Latin: naked agreement] See CONSIDERATION.

nuisance n. An activity or state of affairs that interferes with the use or
enjoyment of land or rights over land (private nuisance) or with the health, safety,
or comfort of the public at large (public nuisance). Private nuisance is a tort,
protecting occupiers of land from damage to the land, buildings, or vegetation or
from unreasonable interference with their comfort or convenience by excessive
noise, dust, fumes, smells, etc. An action is only available to persons who have
property rights (e.g. owners, lessees) or exclusive occupation. Thus, for example,
lodgers and members of a property owner's family cannot sue in private nuisance.
Physical damage is actionable when the damage is of a type that is reasonably
foreseeable and provided it does not arise solely because the claimant has put his
land to a hypersensitive use. Interference with comfort is actionable when it is
considered unreasonable as judged by a number of factors, the most important of
which is the nature of the locality. The main remedies are damages and an
injunction. Alternatively there is a limited right to abate (i.e.remove) the nuisance.
Public nuisance is a crime. At common law it includes such activities as
*obstruction of the highway, carrying on an offensive trade, and selling food unfit
for human consumption. The Attorney General or a local authority may bring a civil
action for an injunction on behalf of the public but a private citizen may obtain
damages in tort only if he can prove some special damage over and above that
suffered by the public at large.
Statutory nuisances are created by provisions dealing with noise, public health,
and the prevention of pollution and permit a local authority to control
neighbourhood nuisances by the issue of an *abatement notice.
The Protection from Harassment Act 1997enables individuals to be prevented
from harassing their neighbours (see NUISANCE NEIGHBOURS).

nuisance neighbours People who disturb the lives of those living nearby by
interfering with their *quiet enjoyment of their homes. The Protection from
Harassment Act 1997provides enhanced protection for those suffering *nuisance
(including noise) from their neighbours. Restraining orders can be obtained, which
require the offender to do what the court orders (e.g. not to communicate, go near,
or harass their neighbours); in some circumstances *eviction may be ordered.
Offenders threatening violence can be jailed for up to five years and/or be subjected
to an unlimited fine; even if the harassment does not give rise to fear for safety, the
offender faces up to six months in jail and/or a fine of up to .5000.

nulla poena sine lege [Latin: no punishment without a law] The principle that a
person can only be punished for a crime if the *punishment is prescribed by law.
The punishment may be specified by a statute as a term of imprisonment or fine or
it may be based on common-law principles. With the exception of treason and
murder, for which the punishment is fixed, all statutory punishments are expressed
in terms of the maximum possible punishment; judges have discretion to impose a
lesser punishment according to the circumstances. At common law punishment is
said to be at large, i.e. the amount of the fine or length of the prison sentence is
entirely at the judge's discretion. In many cases, however, there are now statutes
specifying the maximum punishment for common-law offences. Magistrates' courts
are subject to shorter maxima than Crown courts; they are also usually subject to a
minimum sentence of five days in cases of imprisonment.

nullity of marriage The invalidity of a marriage due to some defect existing at
the time the marriage was celebrated (or, sometimes, arising afterwards). A marriage
may be null in the sense that it is void, i.e. it was never in the eyes of the law a
valid marriage (and the "spouses" are legally merely cohabitants). It may
alternatively be voidable, i.e, valid until made void by a court decree of
*annulment, which (since 1971) does not end the m,lrnage retrospectIvely (so that,
for example, the children of a marriage that is annulled will not be regarded as
illegitimate). The form of decree, however, always states that the ma~riage."is and
has been null and void". The main grounds for nullity are: close relationship, lack of
age, lack of consent, and nonconsummation (see CoNSUMMATION OF AMARRIAGE). When
granting a decree of nullity the court has wide discretionary powers to make orders
for *financial provision or *property adjustment. See also LEGITIMACY.
nul/urn crimen sine lege [Latin: no crime without a law] The principle that
conduct does not constitute crime unless it has previously been declared to be so by
the law; it is sometimes known as the principle of legality. Some serious offences
are well-defined common-law offences (although the details relating to their
definition may often be unclear until ruled upon by the judges); many regulatory
offences (e.g. those involving road traffic and the nlanufacture of products) are
constantly being created by statute. The principle is violated by the power
occasionally attributed to judges to create new offences in order to punish morally
harmful conduct (such as *conspiracy to outrage public decency).
nunc pro tunc [Latin: now instead of then] A phrase used of a judgment that is
entered in such a way as to have legal effect from an earlier date.

nuncupative will An oral statement directing how property is to be distributed
after death, Except in the case of *privileged wills and *donatio mortis causa, such
statements have no effect in English law.