indictment are brought in the name of the Crown, since a crime is viewed as a
wrong against the public at large, or the state, represented by the monarch. Hence
the formula R.v Defendant (the Crown versus the defendant).
Race Relations Board: A body constituted to enforce the Race Relations Acts 1965
and 1968.These Acts have been replaced by the Race Relations Act 1976and the Race
Relations Board by the *Commission for Racial Equality.
racial discrimination: Discrimination on the grounds of colour, race, nationality,
or ethnic origins. It is dealt with by the Race Relations Acts of 1965,1968,and 1976.
The 1965 Act created an offence of incitement to *racial hatred and made racial
discrimination illegal in public places. The 1968 Act prohibits discrimination in
respect of goods, services, facilities, employment, accommodation, and
advertisements. The 1976 Act prohibits indirect racial discrimination, as well as
discrimination in clubs with more than 25 members. It also prohibits the types of
discrimination dealt with by the 1975Sex Discrimination Act (see SEX DISCRIMINATION).
The Race Relations (Amendment) Act 2000 extends coverage of the 1976 Act by
prohibiting racial discrimination in the functions of the police and other public
authorities not previously covered by that Act. It also places a general duty on
public authorities to eliminate discrimination and promote racial equality. The
*Commission for Racial Equality has the power to conduct formal investigations
into complaints. Individual complaints in the field of employment are dealt with by
*employment tribunals; other complaints are dealt with in specified county courts.
racial harassment: See RACIST ABUSE; THREATENING BEHAVIOUR.
racial hatred: Hatred against a group of people because of their colour, race,
nationality, or ethnic or national origins. Hatred against a religion is thus not
directly covered (see BLASPHEMY). The Public Order Act 1986 contains six offences of
stirring up racial hatred, which all require proof of words, behaviour, or material
that are threatening, abusive, or insulting; there must be an *intention of stirring
up racial hatred or the likelihood that this will happen. All offences are punishable
with up to two years' imprisonment and/or a fine and require the Attorney
General's consent before proceedings can be instituted.
The offences are as follows. (1) Using *threatening behaviour or words or
displaying threatening written material. This offence may be committed in a public
or private place, but it is a defence for the accused person to prove (see BURDEN OF
PROOF) that he was inside a dwelling and had no reason to believe that his behaviour
or display would be seen or heard by someone outside that or another dwelling.
Even if the intention to stir up racial hatred is not proved, the accused can still be
guilty of the offence if he is proved to have either intended his behaviour or
material to be threatening or been aware that it might be so. The offence does not
extend to behaviour or written material that is used solely for inclusion in a radio
or television programme. A constable may *arrest without warrant anyone he
reasonably suspects is committing this offence.
(2) Publishing or distributing to the public threatening written material. It is a
defence for the accused to prove that he was unaware of the material's contents and
did not suspect that it was threatening.
(3) Presenting or directing the public performance of a play that involves the use of
threatening words or behaviour. The actual performers do not commit or *aid and
abet the offence, and recordings or broadcasts of plays can only involve the offence
if outsiders attend. It is a defence for the accused to prove that he was unaware and
had no reason to suspect that (a)the performance would involve use of the
threatening words, or (b) the offending words were threatening, or (c) racial hatred
would be likely to be stirred up during the performance.
(4) Distributing, showing, or playing a recording of visual images or sound to the
public. It is a defence for the accused to prove that he was unaware of the
recording's content and did not, and had no reason to, suspect that it was
threatening.
(5) Providing, producing, or directing a radio or television programme involving
threatening images or sounds. The offence is limited to broadcasts by satellite,
community radio services, cable, pirate stations, and the like; it does not extend to
BBC or lEA programmes. It is a defence if the accused can prove either of the
following: (a) that he was unaware and had no reason to suspect that the offending
material was threatening; or (b) that he was unaware and had no reason to suspect
that (i) the programme would involve the offending material and that it was not
reasonably practicable for him to remove the material or (ii) the programme would
be broadcast or that racial hatred would be likely to be stirred up by it. Defence b(ii)
is unavailable to those providing the broadcasting service. A broadcaster who uses
the offending words can also commit the offence; defences (a)and b(ii) are available
to him.
(6) Possessing threatening written material or a sound or visual recording with a
view to its being distributed or broadcast, or (written material only) published, or (a
recording only) shown or played. The offence does not extend to the BBC or lEA, and
defence (a)above is available. The police are given entry and search powers in
connection with the last offence.
Courts can order forfeiture of offending material after convictions.
The Protection from Harassment Act 1997provides additional remedies for those
harassed on racial grounds (see RACIST ABUSE); offenders may receive jail sentences of
up to five years.
racist abuse: Harassment of someone as a consequence of the harasser's biased
views of that person's racial origins. The Protection from Harassment Act 1997
provides that offenders who make others fear for their safety can be jailed for up
to five years and/or be subjected to an unlimited fine; even when 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.
rack rent: The yearly amount of rent that a tenant could reasonably expect to pay
on the open market; a rent representing the gross annual value of the holding.
Compare GROUND RENT.
rape n. : Sexual intercourse (vaginal or anal) with a woman or another man without
their *consent, as a result of physical force or threats, or because the person was
unconscious or asleep, or because consent as to the nature of the act was obtained
through fraud. It is also rape if the person is mentally incapable of understanding
what is being consenting to. The defendant must be proved to have known that the
person did not consent or have been reckless as to consent. Indifference by the
defendant to the question of consent would constitute recklessness. If, however,
there is reasonable doubt as to whether he honestly believed that the person was
consenting he will be entitled to be acquitted, even if his belief was unreasonable.
The maximum penalty for rape or attempted rape is life imprisonment, but this is
rarely imposed; however, the Crime (Sentences) Act 1997provides for a mandatory
sentence of life imprisonment for those convicted for a second time of rape or
attempted rape (see REPEAT OFFENDER).
A husband can be convicted for raping his wife, and a boy under the age of 14 is
guilty of rape if he has intercourse without consent (formerly, boys of this age were
deemed incapable of rape even if intercourse had taken place). An unsuccessful rape
can be treated as an *indecent assault or as an assault occasioning bodily harm or
causing grievous bodily harm, depending on the circumstances (formerly, a rape by a
boy was treated in this way). A woman can be charged with rape as an accessory.
rape offence: Anyone of the offences of rape, attempted rape, aiding, abetting,
counselling, or procuring rape or attempted rape, incitement or conspiracy to rape,
and burglary with intent to rape. In cases where the defendant to a rape offence
pleads not guilty, the Sexual Offences (Amendment) Act 1976limits the right to ask
questions about the alleged victim's sexual experiences. It also prohibits (subject to
special leave of the court) the reporting of details about the case that might enable
members of the public to identify the woman. If such details are published, the
publishers may be fined.
rapporteur n. : An official of the European Parliament or of some other EU body
whose job is to help discussions progress in connection with a particular matter and
to prepare a report on it.
rates pl. n. : Local taxes charged on property by local authorities to pay for the
services they provide. The *community charge replaced domestic rates (i.e. those
payable by private householders) in April 1990in England and Wales (in 1989in
Scotland), but was itself replaced by the *council tax in April 1993.Owners of
business and other nondomestic property remain liable to pay nondomestic rates
based on a Uniform Business Rate (UBR), fixed by central government, and a local
valuation of the property.
ratification n.: 1. Confirmation of an act. If, for example, X contracts with Y as
agent for Z, but has in fact no authority to do SO, Z may nevertheless adopt the
contract by subsequent ratification. An unenforceable contract made with a minor
can become enforceable if the minor ratifies the contract when he comes of age.
2. (in international law) The approval of a *treaty, usually by the head of state (or by
the head of state and legislature). This takes place when documents of ratification
are either exchanged or deposited with a named depositary. Normally a treaty states
expressly whether it will bind a party as soon as it is signed by that party's
representative or whether it requires ratification. The Vienna Convention on
Treaties (1969) provides that when a treaty does not specify whether or not
ratification is required, reference will be made to the party's intention. Performance
of a treaty may amount to implicit ratification. 3. (in company law) A resolution of
a general meeting sanctioning some irregularity in the running of a company. Some
irregularities cannot be sanctioned, such as acts that are *ultra vires or a *fraud on
the minority.
ratio decidendi: [Latin: the reason for deciding] The principle or principles of law
on which the court reaches its decision. The ratio of the case has to be deduced from
its facts, the reasons the court gave for reaching its decision, and the decision itself.
It is said to be the statement of law applied to the material facts. Only the ratio of a
case is binding on inferior courts, by reason of the doctrine of *precedent.
rave n.: An assembly, unlicensed by the local authority, of 100 or more people,
partly or entirely in the open air, at which amplified music is played during the
night and is likely to cause serious distress to local inhabitants. Under the Criminal
Justice and Public Order Act 1994a police officer of at least the rank of
superintendent may issue directions to participants to leave if it is reasonably
believed that two or more people are preparing for a rave or ten or more people are
waiting for one to start or are already participating in an event that will attract 100
or more participants. A *summary offence is committed by anyone (excluding the
occupier, a member of his family, and an employee or agent) who fails to leave as
soon as reasonably practicable or who re-enters within seven days; it is punishable
by up to three months' imprisonment and/or a fine on level 4. A uniformed police
officer may arrest without warrant anyone refusing the leave. He may also stop and
turn back within five miles of a rave anyone whom he believes to be travelling to
the rave. Failure to comply is a summary offence punishable by a fine on level 3.
There are supplementary powers of entry for the purpose of clearing the land
and seizing and removing vehicles and sound equipment. Any sound equipment
under the control of a person convicted under these provisions may be made the
subject of a *forfeiture order.
real adj. : 1. Relating to land. See also REAL ESTATE; REAL PROPERTY. 2. Relating to a
thing, rather than to a person. See also REAL EVIDENCE.
real estate: Under the Administration of Estates Act 1925,all interests in land held
by the deceased at death excluding interests in money charged on land.
real evidence : Evidence in the form of material objects (e.g.weapons). When an
object is admitted in evidence, it is usually marked as an *exhibit. Documents are
not usually classified as real evidence, but may be treated as such if the physical
characteristics of the document (rather than its content) are of significance. Some
authorities include evidence of identification and the demeanour of witnesses
within the classification of real evidence.
real property (realty) : Land and incorporeal *hereditaments. See PROPERTY.
real security : 1. A mortgage. 2. A *rentcharge secured on freehold land.
realty : n. See REAL PROPERTY.
real union : A. treaty arrangement in which two or more states unite in order to
make them one *internationallegal personality. A real union does not create a
single state; each state can revive its own international personality should the real
union be dissolved. An example of a real union was that between Sweden and
Norway between 1814and 1905.
reasonable doubt : See PROOF BEYOND REASONABLE DOUBT.
reasonable financial provision : The financial provision that the *dependants of
a deceased person can reasonably expect to receive from his estate. If the deceased's
will does not make such provision, or he dies intestate and the intestacy laws do not
make such provision, the dependants may apply to the court for provision. A Spouse
is entitled to reasonable financial provision even if he or she already has enough
resources for maintenance; in all other cases, reasonable financial provision
comprises what is required for maintenance.
reasonable force : At common law a person may use reasonable force in *selfdefence
and, in extreme circumstances, may be justified in killing an attacker.
Reasonable force may be used in defending one's property, and if someone intrudes
on one's property at night, one might be justified in treating this as a threat not
merely to property, but to personal safety. An OCcupierof premises (even if he is not
the owner) and possibly even a licensee (such as a lodger) may use reasonable force
against a trespasser. The Criminal Law Act 1967 permits the use of reasonable force
in order to prevent crime, to lawfully arrest a criminal or suspected criminal (or to
help in arresting him), or to capture someone who has escaped irotn lawful
detention. The Act extends to both police and private citizens. It is not altogether
certain whether the statutory right includes the right to kill.
It is a statutory offence to set spring guns or mantraps, except in a private house
between sunset and sunrise. One may use a dog in self-defence if this use is
reasonable (see GUARD DOG).
If a person mistakenly thinks that he is entitle.j to use reasonable force when he
is not, he will nonetheless be treated as if he was entitled to use such force, provided
that the mistake he made was a reasonable one. It seems, however, that this does not
apply if he made a mistake of law, rather than fact.
See also FORCIBLE ENTRY.
reasonable man :An ordinary citizen, sometimes referred to as the "man on the
Clapham omnibus". The standard of care in actions for *negligence is based on what
a reasonable person might be expected to do considering the circumstances and the
foreseeable consequences. The standard is not entirely uniform: a lower standard is
expected of a child, but a higher standard is exp~cted of someone, such as a doctor,
who purports to possess a special skill.
rebuttable presumption See PRESUMPTION.
rebutter ri. Formerly, a pleading served by a defendant in reply to the claimant's
*surrejoinder. Such a pleading was very rare in modern practice and no longer
exists under the *Civil Procedure Rules.
recall of witness The further examination of a witness after his evidence has
been completed. The judge may permit the recall of a witness even after the close of
a party's case to allow *evidence in rebuttal.
recaption n. The retaking of goods that have been wrongfully taken or are being
wrongfully withheld. It is a form of *self-help.
receiver n. 1. A person appointed by the court to preserve and protect property
that is at risk, to enable another person to obtain. the benefit of rights over the
property or to obtain payment of a debt if the common-law remedy is inadequate.
See alsoEQUITABLE EXECUTION. 2. A person appointe.j under the terms of a *debenture
or by the court to realize assets charged and apply the proceeds for the benefit of
those entitled. Notice of appointment must be given to the Companies Registry and
must appear upon business documents. The receiver may have power to manage the
company. See alsoADMINISTRATIVE RECEIVER; OFFICIAl. RECEIVER.
receiving n. Acquiring exclusive control of stolen property or joint possession of it
with the thief or another receiver. Thus if someone merely examines stolen goods in
the presence of the thief, he is not guilty of receiving. Before 1968 this was an
offence in itself, but it is now one form of the wider offence of *handling stolen
goods.
receiving order Formerly, a court order made during the course of *bankruptcy
proceedings that placed the debtor's property under the control of the *official
receiver or of a *trustee in bankruptcy. See BANKRUPTCY ORDER.
reciprocity n. The principle that one will treat someone in a particular way if one
is so treated by them. This is relevant under EU law in relation to agreements that
the EUhas with non-Ell countries, particularly in relation to *public procurement
and free trade.
recitals pl. n. See DEED.
recklessness n. A form of *mens rea that amounts to less than *intention but
more than *negligence. Many common-law offences can be committed either
intentionally or recklessly, and it is now common for statutes to create offences of
recklessness. Recklessness has normally been held to have a subjective meaning of
being aware of the risk of a particular consequence arising from one's actions but
deciding nonetheless to continue with one's actions and take the risk. However, the
House of Lords has ruled that, in the context of *criminal damage, recklessness also
has an objective meaning of giving no thought or being indifferent to an obvious
risk. This definition makes the concept of recklessness far stricter and brings it very
close to the traditional definition of negligence. In most cases the subjective
definition applies to common-law offences and the objective definition to statutory
offences. There are, however, dicta in the Court of Appeal applying the objective
definition of recklessness to some common-law offences (e.g. rape).
recognition n. (in international law) 1. The process by which one state declares
that another political entity fulfils the conditions of statehood (see STATE) and that it
is willing to deal with it as a member of the international community. Recognition
usually takes place when a new state comes into being. Some authorities believe that
recognition is constitutive, i.e. it is one of the conditions that create a state in
international law (see CONSTITUTIVE THEORY). Most, however, regard it as being merely
declaratory, i.e. an acceptance of a fact that already exists (see DECLARATORY
THEORY). 2. Acceptance of a government as the legal representative of the state. This
may be de facto or de jure. The distinction is a fluid one, often involving a political
element, since international law allows states discretion as to whether or not to
accord recognition and of which kind. The according of recognition of either kind is
usually an acknowledgment that the government recognized has effective control,
but the decision to give merely de facto recognition may reflect a wish not to show
approval of the nature of the government concerned (and at the same time to be
able to continue to give de jure recognition to the ousted government). The
significance of the distinction (which is of little legal consequence) therefore
depends on the intention of the recognizing government. Recognition may be
express or implied (for example, by entering into diplomatic relations with a new
government). See alsoESTRADA DOCTRINE; TOBAR DOCTRINE.
For purposes of English municipal law, the question of whether or not a state is
recognized is sometimes relevant. Thus: (1) only a recognized state is entitled to
*sovereign immunity from jurisdiction; (2) an unrecognized state cannot sue in
English courts; and (3)when a foreign law is to be applied under the principles of
*private international law, this can only be the law of a recognized state or
subsidiary body set up by it. A Foreign and Commonwealth Office certificate stating'
that an entity is or is not recognized by the British government is usually taken as
conclusive evidence in the courts. Since 1980 Britain has abandoned the practice of
recognizing governments - only states are now the subject of express recognition.
recognition issue A trade dispute as to whether a particular trade union should
be recognized by an employer as having the right to negotiate terms and conditions
of employment on behalf of its members among the employer's workforce.
recognition procedure (in employment law) A statutory procedure introduced
by the Employment Relations Act 1999(operational from 6 June 2000) by which a
trade union can secure the legal right to enter into *collective bargaining with an
employer. As well as the benefit the trade union and its members secure from the
fact of bargaining, a recognized trade union becomes entitled to all employment
rights bestowed by employment legislation on recognized trade unions. The new
procedure enables unions to seek statutory recognition for collective bargaining if
they fail to secure a voluntary agreement with the employer concerned.
The statutory procedure is given in Schedule A1of the Trade Union and Labour
Relations (Consolidation) Act 1992.Statutory recognition can be requested by one or
more independent trade unions, in the first instance from the employer. Such an
approach (often with the assistance of *ACAS) may result in a voluntary agreement
being made between the parties. Following a failure to arrive at a voluntary
agreement a trade union may then refer the request to the *Central Arbitration
Committee (CAC). If satisfied that the trade union has at least 10%membership
among the group of workers it is seeking to represent, the CAC will then proceed to
establish the viability of the union's request.
The CACmust satisfy itself that the proposed bargaining union is an appropriate
unit and take into account such factors as the need for effective management, the
relative views of the parties to the dispute, the existing national and local
arrangements for bargaining, and the need to avoid fragmentation of existing
bargaining units. Crucially the CACmust determine that the necessary support
exists at the workplace for collective bargaining. In determining this issue a ballot
may be held. However, if the CACis satisfied that a majority of the workers in the
unit are currently members of the applicant union, it may decide that a ballot is not
needed. If a ballot is held (and it must be held if less than 50%of the workers are
union members), the result must show that a majority of those voting support the
union and that those voting in favour constitute at least 40% of the workers in the
bargaining unit. The CACthen issues a declaration that the union is entitled to
recognition on the basis either that a majority of the workers are union members or
that a majority support collective bargaining. When this declaration has been made,
the parties are given 30 days to negotiate a method of conducting collective
bargaining. Failure to arrive at an agreement will result in a further reference to
the CAe. If after a further period of arbitration no voluntary agreement can be
reached by the parties, the CACis empowered to specify a method for collective
bargaining. This method then takes effect as a legally binding agreement between
the parties.
The new statutory procedure also contains provisions for the derecognition of a
trade union. Where recognition has been secured via the statutory route, distinct
procedures are laid down for the removal of such recognition. Normally
derecognition is not possible within the first three years of any award of
recognition arising from a voluntary agreement. However, special procedures exist
for cases in which the relevant employees fall below 21 in number, the employees
request derecognition, the employer requests derecognition, and the union ceases to
be independent.
recognizance n. An undertaking by an offender (or by sureties on his behalf) to
forfeit a sum of money under certain conditions. Recognizances may be entered into
to answer to judgment, i.e. to appear before the court for pronouncement of
judgment on a specified date. This procedure may be appropriate if the accused
wishes to appeal against conviction. Alternatively, recognizances may be used m
addition to or in place of any other sentence or judgment, the offender bemg
obligated to keep the peace and be of good behaviour. Magistrat~s have wide po.wers
of binding over upon recognizances under the Statute of Westminster 1361 (which
enacted into statute the laws of justices of the peace) and the Magistrates' Courts
Act 1980; they may punish failure to comply with the order with imprisonment. See
KEEPING THE PEACE.
reconciliation n. The coming together of estranged spouses. It is the general
policy of the law to encourage reconciliation, and there are special organizations to
help with this. Solicitors in divorce cases must certify whether or not they have
discussed the possibility of reconciliation with their clients, and proceedmgs may be
adjourned if the court feels there is a chance of reconciliation. When divorce cases
are heard under the *special procedure the court will have no opportumty to Judge
whether there is a chance of reconciliation. If spouses have lived together for more
than six months after separation in cases of divorce applications based on adultery,
unreasonable behaviour, desertion, or separation, there is a presumption of law that
they have become reconciled and a divorce is refused.
reconstruction of a company The transfer of the property of a registered .
company in a *voluntary winding-up to another company in exchan~e f?r shares in
that company to be distributed among members of the company I~ hqUldatI?n. The
liquidator effects the reconstruction with the authority of a *speClal resolution
(members' voluntary winding-up) or the consent of the court or *liquidation
committee (creditors' voluntary winding-up). A member who does not agree to the
arrangement can require the liquidator to buy his shares. See also SCHEME OF
ARRANGEMENT.
reconversion n. The imaginary process by which a fictional *conversion is
considered not to have taken place: the property is reconverted in law to the state
that, in fact, it has always held.
record n. The documents constituting an authentic account of the proceedings
before a court, including the <claim form or other originating process, the
statements of case, and the *judgment or order, but usually not the evidence
tendered. The record of an inferior court is the only part of the proceedings that
can be considered by the High Court when deciding whether to grant a *quashing
order.
recorder n. 1. A barrister or solicitor appointed as a part-time judge. Recorders
agree to make themselves available regularly (unlike deputy judges, wh? ~re
appointed ad hoc) and for at least four weeks a year. Recorders usually Sit in the
Crown Court but may sit in the county courts or the High Court. 2. Formerly, a
member of the Bar appointed to preside at City or borough *quarter sessions.
recovery n. Regaining possession of land from an unlawful occupier by
proceedings in the High Court or a county court. See RECOVERY OF PREMISES.
recovery of costs See BILL OF COSTS.
recovery of premises The right to regain possession of property from which
one has been unlawfully dispossessed (see FORCIBLE ENTRY) or the right of a court
officer to enforce a judgment for this. It is a summary offence, punishable by up to
six months' imprisonment and/or a *fine at level 5 on the standard scale, to resist or
intentionally obstruct a court officer in the process of enforcing such a judgment,
whether or not one knows that he is a court officer. There is, however, a specific
defence if one can show that one believed that he was not a court officer. This
offence covers most action taken by squatters to resist eviction, such as physical
assaults, boarding up doors, or merely refusing to leave.
recreational charity A charity that provides facilities for leisure-time occupation
in the interests of social welfare. After doubts expressed in the courts, Parliament
confirmed in the Recreational Charities Act 1958 that these trusts were valid, as long
as the facilities were provided with the aim of improving the conditions of life for
those for whom they were primarily intended and were available to the public or a
section of it.
rectification n. The correction of a document if it does not correctly express the
common intention of the parties to it. Conveyances, leases, contracts, and certain
registers of companies may be rectified on application to the court; the court
exercises the jurisdiction to rectify with very great caution and only on the most
cogent evidence. Parties to a document may, by agreement, rectify it without the
court's consent, provided that the rights of third parties are not affected.
rectification of will Under the Administration of Justice Act 1982, a court has
power to rectify a will that fails to carry out the intentions of the testator.
However, this only arises when the court is satisfied that the failure was caused by
clerical error or through a misunderstanding of the testator's instructions. An
application for rectification should as a general rule be made within six months
from the date on which *representation was first taken out.
reddendum n. The clause in a *lease that specifies the amount of the rent and
when it should be paid.
redeemable share See SHARE.
redeem up. foreclose down A maxim applied in the context of *priority of
mortgages. When there are successive mortgages of the same property, a mortgagee
who is second or below in the order of priority may buyout (redeem) an earlier
mortgagee. Any mortgagee may be redeemed by a mortgagee with a lower priority.
If the matter is complicated and a court action is necessary, any person who might
suffer in such an action must be made a party to it, i.e. the mortgagor and any
mortgagees of lower priority to the mortgage being redeemed. Any person seeking
to redeem by action must not only redeem any mortgages standing between him
and the prior mortgage; he must also foreclose all subsequent mortgagees and the
mortgagor. The principle does not apply to redemptions out of court.
redemption n. The return or repossession of property offered as security upon
payment of a mortgage debt or a charge. The property may alternatively be
conveyed by the mortgagee to a third party nominated by the mortgagor. See EQUITY
OF REDEMPTION.
redress n. See REMEDY.
reduction of capital The reduction by a limited company of its share *capital.
Under the Companies Act 1985 there are two principal methods by which this may
be achieved. When the company has capital in excess of its needs it can extinguish
or reduce the liability of its members on any uncalled capital or it can repay to
them the nominal value of their shares. When the company has suffered losses it
can cancel paid-up shares because they are unrepresented by available assets. The
reduction, which requires a *special resolution, must be authorized by the articles of
association and confirmed by the court. If a variation of *c1assrights is involved, the
consent of the relevant class of shareholder is usually necessary. See also ALTERATION
OF SHARE CAPITAL; AUTHORIZED CAPITAL.
redundancy n. 1. (in employment law) The position of an employee who fills a job
that no longer needs to be done. Under the Employment Rights Act 1996,dismissal
for redundancy occurs when the reason is wholly or mainly that the employer has
ceased or intends to cease carrying on the business in which the employee was
employed, that he is transferring the business in which the employee wor~s to
another location, or that he needs fewer employees to carry out the work m the
place in which the employee is employed. An employee dismiss~d in such
circumstances is entitled to a statutory *redundancy payment If he has been
continuously employed in the business (see CONTINUOUS EMPLOYM:NT) f?r two year~
prior to the *effective date of termination of his employment.. IgnOrI~g any period
during which the employee was under the age of 18, and provided he IS not over the
age of 65. He may also be disqualified from receiving paym~nt If the employer h~s
offered him suitable alternative employment, starting within four weeks after his
old employment ends, and the employee unreasonably refuses it. He.n:ay h?wever
tryout alternative employment for up to four wee~(s without forfeltIng. his .
redundancy payment, if he decides not to accept this employment and his refusal IS
reasonable.
An employee who is laid off (i.e. not provided with work) or kept on short-time
working, otherwise than as a result of industrial action, for four or more weeks
continuously, or for six or more weeks (not more than three consecutively) in any
13-week period, may claim a redundancy payment in certain circumstances. ~e m~st
give his employer at least the minimum required period of <notice termina~mg hIS
employment, stating his intention to claim a redundancy payment. This notice must
be given within four weeks after the end of the relevant period of lay-off or shorttime
working. However, the employer is not liable to give him a redundancy
payment if he honours a written undertaking, given witI1.inse".en.days after
receiving the employee's notice, to restore full-time working within four weeks
after the employee's notice, for at least 13 weeks without interruption. .
An employee who is dismissed for redundancy must be given reasonable ~Ime off
during the notice period to seek other employment. If he ISoffered a new JO? .
starting before his notice expires, the employee may bring forwar~ the terrrunation
of his old employment. However, the employer can challenge his right to a
redundancy payment if he justifiably requires the employee ~o work for the f~1l
notice period. An employee forfeits his redundancy payment If, during the notice
period, his employer justifiably dismisses him for misconduct other than strike
action.
Disputes concerning redundancy and redundancy payments are determined b~
application to an *employment tribunal. The tribunal can also mak~ a *protectlVe
award to employees on the application of an *independent trade umon when the .
employer has failed to give sufficient notice of his intention to declare redundancies
(see DISCLOSURE OF INFORMATION). See also COLLECTIVE REDUNDANCY. .
2. (in statements of case) The inclusion of unnecessary or Irrelevant material, The
court may order redundant material in a statement of case to be struck out.
redundancy payment The sum that an employee dismissed because of .
*redundancy is entitled to receive from his employer under the Employment RIghts
Act 1996.The sum is the total of: (1) one and a half weeks' pay for each year of the
employee's *continuous employment in which he was aged 41 or more; (2)one
week's pay for each year's service between the ages of 22 and 41;and (3) half a
week's pay for each year between the ages of 18 and 22. Continuous employment
exceeding 20 years is ignored, and a maximum amount of weekly pay to be used in
the calculation is prescribed by regulations made by the Secretary of State for Work
and Pensions and reviewed annually. Employees under 18 or over 65 have no
statutory right to a redundancy payment. The sum payable to employees between 64
and 65 years of age is reduced by one-twelfth for every complete month by which
their age exceeds 64. Redundancy costs are met entirely by the employer, rebates
from the Department for Work and Pensions having been abolished. An employer
may be obliged under a collective agreement or individual employees' contracts of
employment to pay sums in excess of the statutory requirement.
re-engagement order An order made by an *employment tribunal directing an
employer who has been found to have unfairly dismissed an employee (see UNFAIR
DISMISSAL) to provide him with comparable or other suitable employment in a post
different from that from which he was dismissed (compare REINSTATEMENT ORDER). A
re-engagement order might be made, for example, when the employee's former job
no longer exists following a reorganization, but he could be similarly employed in a
different post. The order is accompanied by the tribunal's directions specifying the
nature and remuneration for the new employment, benefits that must be restored
to the employee, and the date by which he is to be re-engaged. An employer cannot
be forced to comply with the order; if he fails to do so the tribunal will award
*compensation on the usual principles together with an additional sum.
re-entry n. Repossession by a landlord of land held under a lease when he effects
*forfeiture. There are restrictions on re-entry without a court order. The normal
method of enforcing a right of re-entry is therefore by issuing court proceedings
for possession. See alsoEVICTION.
re-examination n. The questioning of a witness by the party who originally called
him to testify, following the *cross-examination of the witness by the opposite
party. *Leading questions may not be asked in re-examination. Re-examination must
be confined to matters arising out of the cross-examination; new matter may only
be introduced with the permission of the judge.
referee n. 1. A person to whom a dispute is referred for an opinion. See also
OFFICIAL REFEREE; REFERENCE. 2. A person who provides a character reference for
another.
reference n. 1. The referral by a court of a case (or an issue arising in a case) to
another court or an arbitrator (referee) for a decision or opinion. In the High Court
any action or any question or issue of fact arising from it may be referred to an
*official referee for trial. In the county courts, a case may be referred to the district
judge for an opinion and report. Under the Treaty of Rome, a court may refer to the
*European Court of Justice a question of Community law for a preliminary ruling
and must do so if it is a court from which there is no appeal within the national
system. 2. (in succession) See INCORPORATION BY REFERENCE.
referential settlement A settlement incorporating by reference terms of an
earlier settlement, either with or without variations. If the two settlements are
inconsistent, a referential settlement may give rise to difficult questions relating to
the precise meaning of the documents, when taken together.
reform n. See PUNISHMENT.
refreshing memory A procedure in which a witness may, while testifying,
remind himself of events that he has forgotten by referring to a document that was
made at the same time as the occurrence of the events in question and was accepted
as accurate by the witness while the facts were fresh in his memory. At common
law the document itself did not become evidence in the case, but it is now
admissible in both civil and criminal cases.
refuse disposal See POLLUTION.
regent n. A person exercising all the royal functions while the sovereign is under
18 or totally incapacitated. Under the Regency Acts 1937and 1953,the regent is the
person next in line to the throne who is of age and is a commonwealth citizen
domiciled in the UK.Compare COUNSELLORS OF STATE.
Regional Health Authorities See NATIONAL HEALTH SERVICE.
registered company A company incorporated by registration under the
Companies Act 1985(see REGISTRATION OF A COMPANY). There are several types of
registered company (see LIMITED COMPANY; PRIVATE COMPANY; PUBLIC COMPANY; UNLIMITED COMPANY). Compare STATUTORY COMPANY.
registered design A design registered at the Designs Registry, which is part of
the Patent Office (see PATENT). Registration gives monopoly rights over the outward
appearance of an article, including its shape, configuration, pattern, or ornament,
but not over the underlying idea. Works of sculpture, wall plaques, medals, and
printed matter primarily of a literary or artistic character cannot be registered. See:
DESIGN RIGHT.
registered land Land to which the title in question is registered (see LAND
REGISTRATION). Land subject to compulsory registration on dealing may be both
registered and unregistered; for example, the freehold owner's title may not be
registered if he acquired the land before compulsory registration was introduced in
the area, but if he grants a lease for more than 21 years the tenant's leasehold title
must be registered. Strictly, it is the legal estate or title that is registered, not the
land itself. Since over 90% of all land in England and Wales is now registered, this is
now the 'normal' way for ownership of land to be recorded, replacing title deeds.
registered office The official address of a registered company. It must be
notified to the Companies Registry before *registration of the company and it must'
appear on company letter-heads and order forms. Documents may be served to a
company's registered office and various registers and records may be inspected
there.
register of members A record of the names, addresses, and shareholdings of
members of a registered company, which is kept at the registered office or
wherever it is compiled. The register must be kept open for public inspection
(members free) for at least two hours daily; it may not be closed for longer than 30
days in any year.
registrar n. 1. An official responsible for compiling and keeping a register, e.g. the
Registrar of Companies. The office of Registrar of the Chancery Division of the High
Court has now been abolished. 2. In the *Court of Appeal, the officer (Registrar of
Civil Appeals) responsible for superintending the prehearing stages of appeals in the
Civil Division of the court. 3. (district registrar) See DISTRICT JUDGE.
registration as citizen or subject A method by which certain persons can,
either by right or at the Secretary of State's discretion, acquire *British citizenship,
*British Dependent Territories citizenship, or *British Overseas citizenship or
become *British Nationals (Overseas).Some people can also become *British subjects
by registration. An *oath of allegiance must be taken by most adult applicants.
Compare NATURALIZATION.
registration of a company The most usual method of forming an incorporated
company (see INCORPORATION). Under the Companies Act 1985 the following
documents must be delivered with the appropriate fee to the *Companies Registry:
the *memorandum of association signed by at least two company members,
*articles of association (if any), statements relating to the directors, secretary, and
the *registered office, and a statutory declaration that the Companies Act has been
complied with. The Registrar will then enter the company's name in the *companies
register and issue a *certificate of incorporation.
registration of birth The recording of a birth by a Registrar of Births and
Deaths under the Births and Deaths Registration Act 1953. Information for this
purpose must be supplied to him within 42 days of the birth by a parent of the
child, the occupier of the premises in which the birth takes place, a person present
at the birth, or a person having charge of the child. The informant must supply
details of the date and place of birth, the name and sex of the child, and its
parentage, which are entered on the birth certificate; an unmarried father's name
may be included on the birth certificate in certain circumstances. A birth certificate
may be obtained from the Registrar, the Superintendent Registrar, or the General
Register Office; a short form of the certificate, relating to the child's name, sex, and
date of birth but not parentage, may also be obtained (see ILLEGITIMACY). Children may
consult the birth register to discover who their registered parents are and adopted
children over the age of 18 have a right to see their original birth certificate. See also
HUMAN FERTILIZATION AND EMBRYOLOGY AUTHORITY.
registration of commons See COMMON LAND.
registration of death The recording of a death by the Registrar of Births and
Deaths under the Births and Deaths Registration Act 1953. This must take place
within five days of the death or, if written notice of the death is given to the
Registrar within that period, within 14 days. It may be effected by any relative of
the deceased present at the death or during the last illness, by any other relative, by
any person present at the death, or by the occupier or any inmate of the premises
on which the death occurred. The informant must supply details of the date and
place of death, the name, sex, address, and occupation of the deceased, and the cause
of death. A death certificate may be obtained from the Registrar, the
Superintendent Registrar, or the General Register Office.
registration of encumbrances Registration of *land charges and other
interests affecting the rights of landowners. If registered, these charges are binding
on third parties who acquire the land affected or any interest in it. If not registered,
however, they will not bind most third parties and thus lose their effectiveness as
interests or rights of occupation in the land itself. A person contemplating buying
or taking an interest (e.g. a mortgage) in land should therefore search the relevant
registers to ensure that there are no charges registered that would influence him
against proceeding. The registers are therefore always searched in any
*conveyancing transaction by the purchaser or his solicitor. There are four relevant
registers.
(1) Local land charges, arising in favour of a local authority from the exercise of its
statutory powers, are recorded in a local land charges register maintained by the
authority concerned in relation both to registered and unregistered titles. Examples
include rights to the repayment of improvement grants, compulsory purchase and
smoke control orders, and planning decisions affecting the development or use of
premises. Local land charges do not appear in any national register.
(2)When the title to land is registered (see LAND REGISTRATION), encumbrances other
than local land charges can be protected by registration of the appropriate entry III
the charges register of the title at the Land Registry. This may be as a *minor
interest, protected by a *notice or by a *restriction or *caution. Some encumbrances
also rank as *overriding interests and so do not require registration.
(3) In the case of *unregistered land. registers are maintained by the *Land Charges
Department of the following types of interest recorded against the names of
persons owning land. .
(a) Land charges. comprising Class A: certain statutory charges regIst.ered on the
application of the chargee; Class B: similar charges registered auto~atICally;Class C:
(i) *puisne mortgages. (ii) *limited owners' charges, (iii) *general equitable charges.
and (iv) *estate contracts; Class D: (i) Inland Revenue charges for *inheritance..tax.
(ii) *restrictive covenants created after 1925 and affecting freehold land. and (III)
equitable *easements created after 1925;ClassE:annuities created before 1926and
registered after 1925;and Class F: spouses' rights of occupation under the Family
Law Act 1996.
(b) *Pending actions relating to land or any interest in it, and petitions for
*bankruptcy.
(c)Writs or orders of the court imposing a charge on, or appointing a receiver or
sequestrator of, land, and all *bankruptcy orders.
(d) *Deeds of arrangement affecting land.
Land charges remain registered until discharged by the chargee or the court.
Registration of pending actions, writs and orders, and deeds of arrangement must be
renewed every five years.
(4)A floating charge on the assets (including land) of a limited company.and any
other charge on a company's land that was created before 1970for securing money
need only be registered at the Companies Registry, under the Companies Act 1985. A
fixed charge on a company's land created after 1969 should be registered both at the
Companies Registry and the Land Charges Department (or charges register of the
registered title as appropriate). . .
Although a chargee is protected by registration against all persons acqumng any
interest in the land affected. the Law of Property Act 1969 provides that a purchaser
is bound only by registered charges of which he knew or ought to have known
when the contract was made. Thus if the purchaser discovers an undisclosed
registered charge before completing the contract, he may rescind or pursue other
contractual remedies against his vendor as the circumstances allow. If he completes
the transaction, however, he will be bound by the charge.
registration of marriage The official recording of details ~elati~g to a marriage
after it has been solemnized. (It is not to be confused with reglstratlOn of notice of
an intended marriage.) The details usually registered include the names, ages,
occupations, and addresses of the parties, names and occupations of their fathers.
and place of solemnization of the marriage. Certified copies of the details may be
issued on request.
registration of merchant ships See SHIP.
registration of title See LAND REGISTRATION.
regular forces Generally, the armed forces of the Crown other than *reserve
forces or auxiliary forces.
regulated agreement Any *consumer-credit agreement or *consumer-hire
agreement under the Consumer Credit Act 1974,other than one specifically
exempted by the Act. Exempted agreements include debtor-creditor-supplier
agreements secured by a land mortgage, in which the creditor is a local authority or
building society who finances the purchase of that land or the provision of
dwellings on the land, and *debtor-creditor agreements secured by a land mortgage.
The Act also enables the Secretary of State to exempt other consumer-credit
agreements in which the number of payments to be made by the debtor does not
exceed a specified number, the rate of the total charge for credit does not exceed a
specified rate, or the agreement has a connection with a country outside the UK.
regulated mortgage A legal *mortgage (usually predating 8 December 1965) of
land that is subject to a *regulated tenancy binding on the mortgagee. The Rent Act
1977(Part X)provides relief to mortgagors under regulated mortgages in certain
cases of hardship.•
regulated tenancy A *protected tenancy or a *statutory tenancy. It is a
protected tenancy until the contractual element is terminated, when it becomes a
statutory tenancy. Regulated tenancies have been replaced by *assured tenancies by
the Housing Act 1988.
regulations of the EU See COMMUNITY LEGISLATION.
regulatory agency Any of the nonministerial government departments with
statutory duties of control over privatized industries. Each of the statutes that
provided for the *privatization of services formerly provided by public corporations
also made provision for the establishment of a regulatory agency for the service in
question; these agencies include the Office of Telecommunications (Oftel), the Office
of Gas and Electricity Markets (Ofgem), the Office of Water Services (Ofwat), the
Office for Standards in Education (Ofsted), and the Office of the National Lottery
(Oflot).
rehabilitation n. See PUNISHMENT; SPENT CONVICTION.
rehabilitation order An order relating to a building acquired by a local housing
authority before 2 December 1974 in a *clearance area that is, in the housing
authority's opinion, capable of being improved so as to be available for use as a
dwelling for 15 years. Under a rehabilitation order, the authority's duty to demolish
the building is replaced by one to improve it or ensure that it is improved.
rehearing n. 1. A second hearing of a case already adjudicated upon, e.g. an
*appeal to the Crown Court from conviction by a magistrates' court. All the
evidence is heard again and either side may introduce fresh evidence without
leave. 2. The hearing of an appeal by the *Court of Appeal, in which the Court will
consider all the evidence presented to the trial court (if it is relevant to the appeal)
by reading the verbatim transcript of the trial; it will not usually permit fresh
evidence to be given. The Court of Appeal will usually not disturb the trial judge's
findings on *primary facts, as opposed to the inferences to be drawn from those
facts.
Reid test See LAY DAYS.
reinstatement order An order made by an *employment tribunal directing an
employer who has been found to have unfairly dismissed an employee (see UNFAIR
DISMISSAL) to restore him to his former job (compare RE-ENGAGEMENT ORDER). The
employee is to be treated as if he had not been dismissed and is therefore entitled to
recover any benefits (such as arrears of pay) that he has lost during his period of
unemployment. However, pay in lieu of notice, ex gratia payments by the employer,
state unemployment or supplementary benefits, and other sums he has received
because of his dismissal or any subsequent unemployment will be taken into
account. An employer cannot be forced to comply with an order for reinstatement;
if he fails to do so, *compensation will be awarded to the employee on the usual
principles together with an additional sum.
reinsurance n. The procedure in which an insurer insures himself with another
insurer against some or all of his liability for a risk that he has himself
underwritten in an earlier *insurance contract. Reinsurance is undertaken when the
potential loss attached to the risk is too great for the insurer to bear alone. A valid
contract of insurance gives the insurer an *insurable interest to support a
reinsurance.
rejection of offer The refusal of an *offer by the offeree. Once an offer has been
rejected, it cannot subsequently be accepted by the offeree. A counter-offer ranks as
a rejection, but a mere inquiry as to the possibility of varying some term does not.
See also LAPSE OF OFFER; REVOCATION OF OFFER.
rejoinder n. Formerly, a pleading served by a defendant in answer to the
claimant's *reply. Such a pleading could only be served with the court's permission.
relation back The treating of an act or event as having legal effect from a date
earlier than that on which it actually takes place. Thus a grant of *probate relates
back to the date of the testator's death.
relator n. A person at whose request an action is brought by the *Attorney
General to enforce some public right. Although the relator is not the claimant, he is
liable for the *costs of the proceedings. The Attorney General must consent to the
issue of the originating process and his discretion in deciding whether or not to sue
on behalf of the relator is absolute and cannot be reviewed by the court.
release n. 1. The renunciation of a right of legal action against another. The fact
that a release has been granted should be specifically pleaded as a defence if the
person who granted it subsequently initiates court proceedings. 2. Any document
by which one person discharges another from any claim with respect to a particular
matter. 3. The freeing of a person formerly detained, either upon *discharge when
sentencing him or at the end of a prison sentence. The early release of prisoners is
subject to *parole, but the Home Secretary has a duty to release unconditionally
anyone sentenced to less than 12 months' imprisonment after half of the sentence
has been served. Other conditions for the early release of prisoners are specified in
the Criminal Justice Act 1991.
release on licence See PAROLE.
relevance (relevancy) n. (in the law of evidence) The relationship between two
facts that renders one probable from the existence of the other, either taken by
itself or in connection with other facts. Although most relevant facts are admissible
in evidence, relevance is not the same as *admissibility, since even relevant evidence
must be excluded if it falls within one of the *exclusionary rules. If no exclusionary
rule is involved, all facts that have logical relevance to a fact in issue may be proved
even though they are not in issue themselves.
relevant evidence See RELEVANCE.
relevant facts See RELEVANCE.
relevant transfer A situation that may arise when a business or part of a
business (the transferor) changes ownership and staff transfer to the new owner
(the transferee). If the change of ownership falls within the scope of the Transfer of
Undertakings Protection of Employment Regulations 1981 (TUPE), then there is an
automatic transfer of an employee's contract of employment. TUPEwas the UK
government's response to ECDirective 77/187, known as the Acquired Rights
Directive, the main objective of which was to safeguard employees' rights in the
event of a change of employer. Employees are protected via TUPEwhere there is a
relevant transfer. This, however, is not always a straightforward issue to determine.
Because the Acquired Rights Directive is very wide in its scope, both the European
Court and national courts have taken a wide view of what situations amount to a
relevant transfer. The situations in which a relevant transfer has been held to
operate are numerous. The simplest situation is where one company acquires
another and staff transfer. More complex situations include contracting out services,
the transfer of contracts and franchises, and the transfer of leases. TUPEoperates in
each of these situations if staff have followed the transfer or have lost employment
as a consequence.
There are a number of important issues to note where a relevant transfer occurs.
First there is an automatic transfer of the transferor's rights and obligations arising
from the employment relationship they have with their staff. Because of this the
employee's terms and conditions (with very limited exceptions in the area of pension
rights) must be maintained by the new employer (the transferee). Secondly, a
relevant transfer cannot be the basis for dismissal unless an employee can be shown
to have been dismissed for economic reasons or as a result of technical
reorganization. Where an employee, being aware of a proposed transfer, informs
either the transferor or the transferee that he objects to the transfer, his transfer
does not take effect and his contract of employment is terminated, but he has no
claim for unfair dismissal. If a dismissal occurs as a direct result of the transfer this
is automatically unfair. If an employer seeks to argue a dismissal was for an
economic, technical, or organizational reason, it is not automatically unfair but it
can be depending on the employer's procedure.
Finally, TUPEputs in place the need for a consultative process to ensure the free
exchange of information between the transferee, the transferor, and the staff who
may be affected. The transferor has a duty to inform and consult with a recognized
independent trade union when any of its members may be affected by the transfer.
The employer must inform union representatives in writing, long enough before
the relevant transfer to enable consultations to take place, of the fact that a
transfer is to take place; when this is to occur and the reasons for it; the legal,
economic, and social implications of the transfer for the affected employees; and the
measures the employer is to take (if any) in relation to those employees. If there are
no employee representatives, information must be given to all employees. The
transferee has a duty to provide the transferor with sufficient information to
enable him to give these facts. During consultations the employer has a duty to
consider any representations made by trade union or staff representatives and reply
to them; if he rejects them he is obliged to give his reasons for doing so. If any
employer fails to inform or consult, a complaint may be presented to an
employment tribunal within three months of the completion of the relevant
transfer. The employer can argue that his failure to perform a particular duty was
due to special circumstances but that he took all reasonably practicable steps to
inform and consult. Although this is a potential defence, tribunals interpret it very
narrowly. Insolvency does not amount to special circumstances. If the complaint is
upheld, the tribunal can order the employer to pay appropriate compensation not
exceeding 13 weeks' pay for the employee(s) in question.
The scope of the Acquired Rights Directive has now been expanded; consequent
modifications to TUPE are currently under discussion. Changes include a discretion
for EU member states to extend the protection of national law to require
transferees to provide equivalent pensions, and for contractual terms to be varied
when a transfer is coincidental with insolvency proceedings and when the variation
in a contract of employment is to ensure continuation of the organization. It will
also be possible for employee representatives to negotiate changes in contractual
terms following the transfer of an important business. There are new provisions
dealing with employee representation as well as amendments to the procedures for
information and consultation.
relief n. 1. See REMEDY. 2. A tax concession; for example, a personal allowance (see
INCOME TAX) or roll-over relief (see CAPITAL GAINS TAX). 3. Payment by a feudal tenant
following succession to him of land after the death of the former tenant.
relief from forfeiture A discretionary power of the courts to restore a lease to a
tenant when the landlord claims or has exercised his right of *forfeiture.
remainder n. An interest in land that comes into effect in possession only when a
prior interest ends. For example if A settles land on B for life then on C in fee
simple, C's interest is in remainder until B dies. All interests in remainder are
necessarily equitable (s
e FEE SIMPLE ABSOLUTE IN POSSESSION). A settlement may create
several successive remainders; for example, a settlement on A for life, remainder to
B for life, remainder to C in tail, remainder to D in fee simple. B,C, and D are called
remaindermen. There can be no remainder after a fee simple. See also REVERSION.
remainderman n. See REMAINDER.
remand vb. To commit an accused person to custody or release him on *bail
during an adjournment. After arrest a suspect is normally kept at the police station
until he is brought before the magistrates. If the offence with which he is charged
is triable summarily or is an indictable offence that is being tried summarily (see
OFFENCES TRIABLE EITHER WAY), the court may adjourn the case and remand the
accused. If the offence is being tried on indictment, the court may likewise adjourn
the case and remand the accused before inquiring into the offence as examining
justices. Remand in custody has traditionally been made for no more than eight
clear days, excluding the day on which the accused was remanded and the day on
which he is to appear again before the court (the "eight-day rule"). If the accused
had to be remanded for more than eight days, he was normally released on bail
unless there was some special reason why bail should be refused. However, the court
could remand a suspect for a further period (or any number of further periods) of
eight days after the end of the original remand order. If the period of time spent on
remand became excessive, the accused could apply for bail. However, following
claims that eight-day remand hearings served no useful purpose and wasted prison
service resources, the Home Secretary was empowered in 1988 to provide remand
periods not exceeding 28 days for accused persons aged 17 or over, in particular
areas or classes of case. The abolition of the eight-day rule was extended, by the
Criminal Procedure and Investigations Act 1996, to those under 17 for offences
alleged to have been committed on or after 1 February 1997. A remand order may
also be made upon adjournment of a trial at any stage, at the request of either the
prosecution or the defence, or after conviction, if the court wishes to obtain a
report before sentencing. Bail must normally be granted, however, when remanding
for reports.
Upon remand the suspect is sent to the local prison. *Juvenile offenders may be
remanded instead to local authority accommodation. Under the Criminal Justice and
Public Order Act 1994, the court may remand a juvenile offender to secure
accommodation in a *community home or a registered children's home, provided
the charge or conviction is for a violent or sexual attack, the offence is one for
which an adult could be imprisoned for at least 14 years, or there is a recent history
of absconding and the charge or conviction relates to an imprisonable offence
committed while remanded to the local authority. As a result of major amendments
to the Children and Young Persons Act 1969,the minimum age for being remanded
to secure accommodation has been reduced to 12.
remedial constructive trust See CONSTRUCTIVE TRUST.
remedy (redress. relief) n. Any of the methods available at law for the
enforcement, protection, or recovery of rights or for obtaining redress for their
infringement. A civil remedy may be granted by a court to a party to a civil action.
It may include the common law remedy of *damages and/or the *equitable remedies
of quantum meruit (see QUASI-CONTRACT), *injunction, decree of *specific performance,
or *declaration.
remission n. Cancellation of part of a prison sentence. Formerly, a prisoner could
earn remission of one-third of his sentence by good behaviour in prison and was
released upon remission without any conditions. However, a prisoner serving an
*extended sentence, or a prisoner serving more than 18 months' imprisonment, who
was under the age of 21 when sentenced, could only be released on licence (see
PAROLE). Remission of a sentence for good conduct was abolished by the Criminal
Justice Act 1991, which specifies the conditions now required for the early release of
prisoners.
remoteness of damage The extent to which a defendant is liable for the
consequences of his wrongful act or omission. In contract, the defendant
compensates for damage only if it was within his reasonable contemplation. He is
presumed to have contemplated (and is therefore liable for) damage likely to result
from the breach according to the usual course of events. Unusual damage resulting
from special circumstances is regarded as within his contemplation only if a
reasonable man, knowing what he knew or ought to have known, would have
thought it liable to result.
In tort there is no single test to determine whether or not damage is too remote.
In actions for *negligence and other forms of liability based on fault, the defendant
is responsible only for damage of the type he should have foreseen, but if damage of
that type is foreseeable, it is no defence that the extent of the resulting damage is
greater than could have been expected. In torts of *strict liability, the defendant
may be liable even for unforeseeable damage. Thus the keeper of an animal
belonging to a dangerous species is liable for any damage it causes, whether
foreseeable or not.
removal of action The transfer of a High Court action from a district registry to
London (or vice versa) or of a county court action to the High Court (or vice versa).
renewal of lease The grant of a fresh *lease on similar terms to those of a preexisting
lease between the same parties. A lease sometimes contains a clause that
gives the lessee an option to renew the lease when it expires. If the renewal is to be
on the same terms, including the option to renew, the lease is known as a
perpetually renewable lease; by statute, however, it is instead deemed to be a
lease for 2000 years.
renouncing probate An executor's refusal, after the testator's death and in
signed writing filed at a probate registry, to accept the office of executor. In such
circumstances the person who would be entitled on intestacy to apply for letters of
administration may apply for a grant of *letters of administration cum testamento
annexo.
rent n. Payment by a tenant to his landlord under the terms of a *lease or
*tenancy agreement. The obligation to pay rent is implied in all leases. If the tenant
fails to pay his rent, the landlord can levy *distress for rent, take action for
*forfeiture of the lease, or bring a court action against the tenant to claim the rent
due. The manner and time of payment is as specified in the lease or tenancy
agreement. If there is no express provision, rent should be paid to the landlord or
his agent at the end of each *rental period or, in the case of a *fixed term, at the
end of each year. The tenant can only deduct from the rent amounts that the lease
or tenancy agreement allows. If the parties wish, the rent need not be paid in
money: it may be in the form of service to the landlord or payment in kind.
However, the amount of rent must be certain or capable of being ascertained. See
also FAIR RENT.
rental period A period in a lease or tenancy for which the tenant must make a
payment of rent. In the absence of agreement, this is yearly in the case of a *fixed
term. For other periods, see PERIODIC TENANCY.
rent assessment committee A committee that decides any dispute concerning
the amount of a *fair rent determined by a rent officer for a tenancy of a dwellinghouse
under the Rent Act 1977(where it still applies). A rent assessment committee
may also, on application by a tenant, determine whether a proposed increase in rent
for an *assured tenancy (under the Housing Act 1988) is what the landlord could
obtain on the open market and, if not, it may fix what this should be. Committees'
members are drawn from panels appointed by the Secretary of State and the Lord
Chancellor, and they are under the supervision of the Council on Tribunals. See also
RENT TRIBUNAL.
rent book A book or other document used to record rent paid and other tenancy
details. A landlord must give his tenant a rent book when there is a weekly tenancy
of residential property unless a substantial proportion of the rent is payment for
board.
rentcharge n. A periodic payment of money charged on land, but excluding rent
payable under a lease or tenancy and sums payable as interest. Depending on the
manner in which the rentcharge arose, it may be called a chief rent or fee farm
rent, but the effect is similar. A rentcharge owned on terms equivalent to a fee
simple absolute in possession or term of years absolute can be a legal interest in
land, but one subsisting on other terms (e.g.for life) is an equitable interest,
registrable as a *general equitable charge. If the rent falls into arrears, the owner of
the rentcharge may (on 40 days' arrears) enter the land and take its income until the
debt is paid or lease the land to trustees who have powers to raise the money. On 21
days' arrears, he may enter the land and seize the debtor's goods as security for the
rent (see DISTRESS). In general, a deed creating a rentcharge also reserves to its owner
the right to forfeit the debtor's interest in the land if the rent is not paid. The Law
of Property (Amendment) Act 1926 provides that freehold land subject to a
rentcharge owner's right of forfeiture (a right of re-entry) can still qualify as a fee
simple absolute in possession.
A rentcharge may also be secured on another rentcharge, rather than directly on
land. For example, A grants a rentcharge (R1) over his land of .50 a year to B,who
grants a rentcharge (R2) secured on R1of .25 a year to C. If B is more than 21 days in
arrear, C may appoint a receiver to collect the .50 from A and to pay Chis .25 plus
the expenses of the recovery, and account to Bfor any surplus.
The Rentcharges Act 1977prohibits the creation of new rentcharges after 21
August 1977, except for (1) certain charges, usually in favour of the landowner's
family, the effect of which is to make the land subject to a *trust of land; and (2)
estate rentcharges. The latter are usually reserved by a developer selling plots on
an estate subject to covenants given by the purchasers to protect the character of
the estate; they entitle the owner of the rentcharge to enforce the purchasers'
covenants even after all the plots have been sold off.
rent officer An official appointed by central government who determines *fair
rents and keeps a register of all fair rents in his local area. Under the Housing Act
1988,rent officers are given additional functions relating to housing benefit and
rent allowance subsidy.
rent rebate A rent subsidy paid by local authorities to their own needy tenants, as
part of *housing benefit. The conditions vary from one local authority to another.
rent registration 1. The registration by a rent officer of a *fair rent determined
by himself or a rent assessment committee under the Rent Act 1977. This procedure
is now abolished except for rents already so fixed. 2. The registration by a local
authority of a *restricted contract rent determined by a rent tribunal or rent
assessment committee. Since the passing of the Housing Act 1988,rents of new
tenancies are not registered.
rent service 1. Any rent payable where a landlord and tenant relationship
exists. 2. Originally, a rent payable to a feudal lord.
rent tribunal A tribunal to whom the determination of the rent properly payable
under a *restricted contract may be referred. Rent tribunals also have power to
grant limited security of tenure, but only if the contract was made before the
commencement of the Housing Act 1980.Until that Act they were distinctly
constituted bodies, but their functions are now carried out by *rent assessment
committees sitting as rent tribunals. No new restricted contracts can be made since
the passing of the Housing Act 1988.
renvoi n. [French: sending back] The doctrine whereby the courts of one country in
certain circumstances apply the law of another country in resolving a legal dispute.
A problem arises in private international law when one country's rule as to conflict
of law refers a case to the law of a foreign country, and the law of that country
refers the case either back to the law of the first country (remission)or to the law
of a third country (transmission). For example, under English conflict rules, if a
person dies intestate, the succession to his personal property is governed by the law
of the country in which he is domiciled. Under Italian conflict rules, however,
succession to personal property in such cases is governed by the law of the
intestater's nationality. Thus if an English national dies intestate while domiciled in
Italy, a renvoiproblem will arise - English law will refer the matter to the law of his
domicile (i.e. Italian law) and Italian law would refer the matter to the law of his
nationality (i.e. English law).
repairs pl. n. (in landlord and tenant law) See COVENANT TO REPAIR.
reparations pl. n. (in international law) 1. Compensation for injuries or
international torts (breaches of international obligations). Whenever possible,
international courts or arbitration tribunals will rule that reparations be made by
means of restitution in kind; if this is not possible, compensation is by payment of
a sum equivalent to the value of restitution in kind. The aim of reparations is to
eradicate the consequences of the illegal act. It is not clear, however, whether
there is an obligation to make reparations for all breaches of international law.
2. Payments made by a defeated state to the conquering state to compensate for
damage suffered by the victor.
repatriation n. A person's voluntary return from a foreign country to that of
which he is a national. Compare DEPORTATION.
repeal n. The total or partial revocation of a statute by one passed subsequently. A
statute is normally repealed by express words, but if provisions of a later statute are
inconsistent with those of an earlier one this will imply that Parliament intended a
repeal. Repeal does not affect any transaction that has been completed under the
repealed statute.
repeat offender An offender who commits the same offence on more than one
occasion. Under the Crime (Sentences) Act 1997, from 1999 those convicted for a third
time for dealing in hard drugs or for burglary face minimum *sentences of seven
and three years, respectively, unless the judge finds that this is unjust. The Act also
provides for a mandatory life sentence for those convicted for a second time of rape
or attempted rape, manslaughter, attempted murder, wounding with intent to do
grievous bodily harm, robbery with a firearm, or possession of a firearm with intent
to endanger life. In exceptional circumstances the judge may choose not to impose
the mandatory sentence on such an offender but must provide a full explanation as
to why this has not been done.
replevin n. A procedure to recover goods that have been taken out of the
claimant's possession (usually by way of distress for unpaid rent), the effect of
which is to restore them to the claimant provisionally, pending the outcome of an
action to determine the rights of the parties.
reply n. A statement of case served by the claimant in a civil action in answer to
the *defence. It is often contained in the same document as a defence to a
*counterclaim.
repossession n. (of mortgaged property) The right of a mortgagee to obtain
vacant possession of the property occupied by a mortgagor, in accordance with the
terms of the mortgage. All mortgagees have a right to possession of the property
from the time the mortgage is granted unless they have contracted out of the right.
It is, however, unusual for a mortgagee to exercise such a right unless the
mortgagor has defaulted in some way. See alsoMORTGAGE; POWER OF SALE.
representation n. 1. The state of being represented, e.g. by an elected
representative in the House of Commons (see also PARLIAMENT), by a defending counsel
in court, or by an agent acting on behalf of his principal. 2. (in succession) Taking
the place of another. The court grants to executors or administrators the right to
represent the deceased, i.e. to collect, sell, and transfer the deceased's assets (in
accordance with the will or intestacy rules) as if they were the owners. Under the
Wills Act 1837a *devise or *legacy in favour of a child or remoter descendant of the
testator who predeceases him leaving descendants of his own does not lapse but is
inherited by those surviving descendants, who therefore represent their deceased
ancestor (see PER STIRPES). 3. (in contract law) A statement. A person who has been
induced to enter into a contract on the basis of a statement that is untrue or
misrepresents a material fact may sue for damages or for rescission of the contract
(see MISREPRESENTATION). Under the Consumer Credit Act 1974a representation
includes a *condition, *warranty, or any other statement or undertaking, either oral
or in writing. Many contracts exclude all prior representations from terms of the
contract, although in consumer contracts such an exclusion may be void if unfair.
representative action An action brought by or against one or more persons as
representative(s) of a larger group. All the persons represented must have the same
interest in the proceedings, and therefore a representative action cannot generally
be brought if each member of the group has a separate claim for damages.
Judgment in a representative action is binding upon all the persons represented.
Such actions are not normally possible under English law, although they are
common in the United States. An example of a representative action is one brought
by company members on behalf of themselves and other members against the
company in respect of a wrong done to them by it (e.g.a denial of their voting or
class rights embodied in the articles of association or an *ultra vires act). Compare
DERIVATIVE ACTION; GROUP ACTION.
reprisals pl. n. Retaliatory measures taken by one state against another to settle a
dispute occasioned by the other's illegal or unjustified conduct. Reprisals include
boycotts, *embargoes, and limited military action. A military reprisal. if otherwise
than for the purpose of lawful self-defence under Article 51 of the United Nations
Charter, is now illegal under international law.
republication of will The re-execution with proper formalities of an existing
will, or of a *codicil to it that contains some reference to the will, which has the
effect of confirming that will. When republished, the will takes effect as if made at
the date of republication. A republication may have the effect of validating an
unattested alteration made to the will before its re-execution or the execution of
the confirmatory codiciL Compare REVIVAL OF WILL.
repudiation n. (in contract law) 1. An anticipatory *breach of contract. 2. A
minor's disclaimer of a contract that is voidable because of his minority (see CAPACITY
TO CONTRACT; RESCISSION).
repugnancy n. Contradiction or inconsistency in the terms of a document.
Generally the court construes documents to give effect to the parties' primary
intention (the main purpose rule). If this cannot be established and the document's
provisions are directly contradictory, the court treats the later provision as effective
in the case of a will and the earlier one in the case of a deed. Thus a transfer of
property to A and B "as beneficial joint tenants in equal shares" confers a *joint
tenancy unless it was effected by will, when it will be treated as conferring a
*tenancy in common in equal shares.
reputation n. The estimation in which a person is generally held. See CHARACTER;
DEFAMATION.
reputed ownership Goods that at the beginning of the bankruptcy of a trader
are in his possession with the consent of the true owner and in circumstances
suggesting that the bankrupt is the owner are said to be in the bankrupt's reputed
ownership. Such goods are treated as the bankrupt's own goods and are therefore
available for distribution to his creditors.
request for further information See INTERROGATORY; PARTICULARS.
requisition n. 1. (in land law) An application to HM Land Registry, the Land
Charges Department, or a local authority for a certificate of *official search to
reveal whether or not land is affected by encumbrances. 2. (in *conveyancing) A
request by an intending purchaser or mortgagee arising from the *abstract of title
supplied by the owner. For example if an abstracted deed shows that the land is
affected by encumbrances contained in an earlier deed that has not been abstracted,
the purchaser will raise a requisition demanding proper evidence of the
encumbrances. 3. (in military law) The compulsory acquisition of property for use
by the armed forces. The Army Act 1955and the Air Force Act 1955, for example,
contain provisions that, if brought into force by a government order made in the
public interest, enable commanding officers to issue requisitioning orders
authorizing the acquisition (in return for payment and compensation for damage) of
vehicles, horses' food, and stores.
reregistration n. The procedure enabling a registered company to change its
status, e.g. from limited to unlimited or from public to private (or, in either case,
vice versa).
resale n. See RIGHT OF RESALE.
resale price maintenance The fixing by a supplier of the price at which his
goods may be sold by others. This may be attempted by contractual arrangements or
by nonlegal means, such as blacklisting by trade associations. Resale price
maintenance is now prohibited by the Competition Act 1998and Article 81 of the
Treaty of Rome. Provisions in contracts of sale between suppliers and dealers fixing
minimum prices are void, and it is illegal to withhold supplies on the grounds of
adverse pricing. Fines of 10%of turnover can be imposed for breach of these
provisions. Formerly, resale price maintenance was permitted for books and certain
nonprescription drugs, but even these exceptions have now been declared illegal.
rescission n. The setting aside of a *voidable contract, which is thereby treated as
if it had never existed. Rescission is an irrevocable step and can be effected by any
clear indication of intention to be no longer bound by the contract; this intention
must be either communicated to the other party or publicly evidenced in some way.
Rescission can also be effected by a formal action (a remedy developed by the courts
of equity). There are limits on the right of rescission. It cannot be exercised unless
restitutio in integrum is possible, i.e. unless it is possible to restore both parties to
their original positions, and it cannot be exercised if this would involve upsetting
rights acquired by third parties. Thus, a buyer of goods cannot rescind if he cannot
return the goods, and a seller of goods cannot rescind if they have been resold to a
third party.
The setting aside of a proprietary contract by a minor is normally called
repudiation rather than rescission, but there is no distinction in substance. The
treating of a contract as discharged by breach (see BREACH OF CONTRACT) is frequently,
but misleadingly, called rescission. It does not operate retrospectively and is
permissible whether or not restitutio is possible.
rescue n. 1. Action to save people or property from danger. There is no general
duty to rescue people or property from danger, though a master of a ship is bound
by statute to render assistance to people in danger at sea. Voluntary attempts to
rescue people in danger are encouraged by the law. Someone injured in such a
rescue attempt may recover damages from the person whose negligence created the
danger. The rescuer is not regarded as having assumed the risk of being injured and
courts are reluctant to find that his injuries were due to *contributory negligence.
Attempts to rescue property may not be treated so sympathetically. 2. The forcible
removal of a person in the custody of the law, which is a criminal offence. 3. The
recovery of property that has been taken by way of *distress. If the distress was
unlawful, the owner is entitled to recover it.
resealed probate A grant of *probate issued in one country and approved (and
sealed again) by the court of another, giving the executor authority to deal with the
testator's property in that second country.
reservation n. 1. (in international law) A unilateral statement made by a state,
when signing, ratifying, accepting, approving, or acceding to a treaty, in order to
exclude or modify the legal effect of certain provisions of the treaty in their
application to that state. This device is used by signatory states to exempt particular
policies from challenge. The UKhas made one reservation in relation to the *right
to education in Article 2 of the First Protocol to the European Convention on
Human Rights. The *Human Rights Act 1998also excludes public authorities from
duties under Article 2 where this reservation applies. 2. (in land law) The creation of
an easement or other right in a conveyance of land that is for the benefit of land
retained by the vendor or transferor. For example, if A is selling Blackacre but
requires a right of way over it for access to land he is retaining, the conveyance of
Blackacre to the purchaser will reserve the right of way for the benefit of A's
retained land. Such a reservation may be implied in circumstances of necessity. See
EASEMENT OF NECESSITY.
reservation of title See RETENTION OF TITLE.
reserve capital See AUTHORIZED CAPITAL.
reserve forces Forces not in active service. They include the Army Reserve, the
Territorial Army, the Air Force Reserve, the Royal Auxiliary Air Force, the Royal
Naval Reserve, the Royal Naval Special Reserve, and the Royal Marines Reserve. The
Reserve Forces Act 1996 provides a new power allowing call-out of reserve forces for
humanitarian disaster relief and operations and introduced two new categories of
reserve. The high readiness reserve will consist of about 3000 volunteers who have
agreed, with their employers' consent, to accept increased liability for being called
out. These volunteers will be people with special skills, such as linguists and public
information specialists. The sponsored reserve will undertake some support tasks
currently restricted to regular personnel. The legislation also makes provision to
allow reservists to volunteer to undertake productive tasks other than training
without being called out. There are powers to increase the military pay of reservists
called out for operations if this pay is less than their civilian pay would be. There
are also powers to pay employers for additional costs when the reservists are called
out. A Reserve Forces Appeal Tribunal, set up under the 1996Act, hears appeals
from reservists and employers who are dissatisfied.
res extincta [Latin] Matter that has ceased to exist. See MISTAKE.
res gestae [Latin: things done] The events with which the court is concerned or
others contemporaneous with them. In the law of evidence, res gestae denotes: (1) a
rule of relevance according to which events forming part of the res gestae are
admissible; (2)an exception to the rule against *hearsay evidence under which
statements forming part of the res gestae are admissible, for example if they
accompany and explain some relevant act or relate to the declarant's
contemporaneous state of mind or his contemporaneous physical sensations.
residence n. 1. The place in which a person has his home. The term has been
defined in various ways for different purposes in Acts of Parliament. For example,
the Income and Corporation Taxes Act 1988 provides that, for the purposes of tax, a
person is resident in the UK even if he has left the UKfor occasional residence
abroad. Temporary residents are chargeable to tax in the UK if they stay in the UK
for a period (or periods adding up to) six months in any year. It is possible to be a
resident of more than one country at the same time. See also DOMICILE; HABITUAL
RESIDENCE; MAIN RESIDENCE. 2. In the case of a *company not incorporated in the
United Kingdom, the country in which central management and control is located;
companies incorporated in the United Kingdom are deemed to reside there
irrespective of the location of central management and control. Residence
determines the company's liability to *corporation tax.
residence order See SECTION 8 ORDERS.
residential occupier A person who is living in a property as a result of his
contractual rights, his statutory rights, his rights under a rule of law, or because
other people are restricted by law from removing him. It is an offence to force a
residential occupier to leave the property without complying with the proper
procedure. See ADVERSE OCCUPATION; EVICTION; FORCIBLE ENTRY; HARASSMENT OF OCCUPIER.
residuary devise See DEVISE.
residuary estate (residue) The property comprising a deceased person's estate
after payment of his debts, funeral expenses, costs of administration of the estate,
and all specific (and demonstrative) bequests and devises. If a will does not dispose of
the whole of a testator's property, the residue passes to those entitled under the
rules applying on *intestacy.
residuary legacy See LEGACY.
residue n. See RESIDUARY ESTATE.
res ipsa loquitur [Latin; the thing speaks for itself] A principle often applied in
the law of tort of *negligence. If an accident has occurred of a kind that usually
only happens if someone has been negligent, and the state of affairs that produced
the accident was under the control of the defendant, it may be presumed in the
absence of evidence that the accident was caused by the defendant's negligence.
resisting arrest Taking any action to prevent one's arrest. A person may use
*reasonable force to resist an illegal arrest. If he resists a legal arrest, however, he
lays himself open to a charge of assaulting or *obstructing a police officer in the
course of his duty. The fact that the police officer was in plain clothes is no defence
to such a charge. The House of Lords has ruled that it is the right and duty of every
citizen to take reasonable steps to prevent a breach of the peace by detaining the
offender. The offender therefore has no right to resist such an arrest on the
grounds of *self-defence; if he uses force to do so, he may be guilty of an assault.
res judicata [Latin; a matter that has been decided] The principle that when a
matter has been finally adjudicated upon by a court of competent jurisdiction it
may not be reopened or challenged by the original parties or their successors in
interest. It is also known as action estoppel. It does not preclude an appeal or a
challenge to the jurisdiction of the court. Its justification is the need for finality in
litigation. See also ESTOPPEL.
resolution n. 1. A decision reached by a majority of the members at a company
meeting. See ELECTIVE RESOLUTION; EXTRAORDINARY RESOLUTION; ORDINARY RESOLUTION;
SPECIAL RESOLUTION; WRITTEN RESOLUTION. 2. The decision of a meeting of any other
assembly, such as the *United Nations. Such a resolution, strictly speaking, has no
binding effect on either the Security Councilor the United Nations as a whole.
respondeat superior [Latin; let the principal answer] The doctrine by which an
employer is responsible for certain wrongs committed by his employee in the course
of his employment. See VICARIOUS LIABILITY.
respondent n. The defending party in an appeal or petition to the courts. Compare
DEFENDANT.
respondentia n. See HYPOTHECATION.
restitutio in integrum [Latin] Restoration to the original position. See DAMAGES;
RESCISSION.
restitution n. The return of property to the owner or person entitled to
possession. If one person has unjustifiably received either property or money from
another, he has an obligation to restore it to the rightful owner in order that he
should not be unjustly enriched or retain an unjustified advantage. This obligation
exists when, for example, goods or money have been transferred under compulsion
(duress), under mistake, or under a transaction that fails because of illegality, lack of
formality, or for any other reason or when the person who has taken the property
has acquired a benefit through his actions without justification.
In certain circumstances the courts may make a restitution order in respect of
property. Under the Theft Act 1968, if someone is convicted of any offence relating
to stolen goods the court may order that the stolen goods or their proceeds should
be restored to the person entitled to recover them. The court will only exercise this
power, however, in clear cases that do not involve disputed questions of fact or law.
Under the Police (Property) Act 1897, magistrates' courts are empowered to make a
restitution order in favour of a person who is apparently the owner of property
that has been obtained by the police in connection with any crime, even when no
charge can be brought or the goods are seized under a search warrant. If the owner
cannot be found, the court may make any order it thinks fit (usually an order for
sale by auction). The police have no power to retain property lawfully seized merely
because they think the court will probably make a restitution order.
restraint of marriage A condition in a contract or other disposition intended to
prevent someone from marrying. Such conditions are usually (unless they are very
limited) void, as they are considered to be against *public policy.
restraint of trade A contractual term that limits a person's right to exercise his
trade or carryon his business. An example is a term in an employment contract or
partnership agreement prohibiting a party from engaging in a similar business for a
specified period after the relationship ends. Such a term is void unless the party
relying on it shows that it does not offend *public policy; it must also be reasonable
as between the parties. Many such terms are reasonable and therefore valid. See also
GARDEN LEAVE CLAUSE.
restraint on alienation Provisions in a grant or conveyance of land that purport
to prevent the owner from disposing of it. Restraints of an absolute nature are
generally void. Partial restraints on alienation may be upheld by the courts.
restraints of princes (in marine insurance) Political or executive acts causing loss
or damage, as distinct from such acts as riots or ordinary judicial processes. Such
acts, more common in time of war, need not be done by officials of governments,
but may be done by individuals exhorted or compelled to them by the states of
which they are nationals.
restricted contract For the purposes of the Rent Act 1977, a contract granting
someone the right to occupy a dwelling for a rent that includes payment for the use
of furniture or for services. A contract creating a *regulated tenancy is not,
however, a restricted contract. No new restricted contracts can be made since the
Housing Act 1988 came into force. However, the occupant may qualify for *security
of tenure as an *assured tenant.
restricted-use credit agreement (under the Consumer Credit Act 1974) A
regulated *consumer-credit agreement that either (1) finances a transaction (which
mayor may not form part of the agreement) between the debtor and the creditor,
e.g. a purchase of goods; (2)finances a transaction between the debtor and a person
(the supplier) other than the creditor; or (3) refinances any existing indebtedness of
the debtor's, to either the creditor or another person.
restriction n. (in land law) A limitation of the right of a registered proprietor to
deal with the land or charge in a registered title. For instance, a beneficiary may
enter a restriction against his trustees if the trust provides that the land may not be
sold without the beneficiary's consent. A restriction may also be entered by, or with
the concurrence of, the registered proprietor, and there are cases in which the Chief
Land Registrar is obliged to enter a restriction (for example, when persons are
registered as joint proprietors, and the survivor will not have power to give a valid
receipt for *capital money arising on a disposition of the land).
restriction order An order placing special restrictions (for a specified period or
without limit of time) on the discharge from hospital of a person detained there by
"a *hospital order. lt may be made by the Crown Court (but not a magistrates' court)
when this appears necessary for the public protection, and its principal effects are
that discharge may be authorized only by the Home Secretary and may be subject to
conditions (e.g.subsequent supervision by a mental welfare officer).
restrictive covenant An obligation created by *deed that curtails the rights of
an owner of land; for example, a covenant not to use the land for the purposes of
any business. A covenant imposing a positive obligation on the landowner (the
covenantor), for example to repair fences, is not a restrictive covenant. Third parties
who acquire freehold land affected by a restrictive covenant will be bound by it if it
is registered (see REGISTRArION OF ENCUMBRANCES) or, in the case of covenants created
before 1926, if they are aware or ought to be aware of it (see CONSTRUCTIVE NOTICE).
The covenant may also be enforceable by successors of the original beneficiary (the
covenantee) if it was annexed to (i.e. expressly taken for the benefit of) the
covenantee's land or if the benefit of it was expressly assigned. Section 78(1) of the
Law of Property Act 1925 has been interpreted as providing a form of statutory
annexation. Thus, unless there is an express stipulation to the contrary, all
covenants shall be deemed binding on successors to the original covenantee. The
benefit of a covenant will not be annexed, however, if the covenantee's land is not
actually capable of benefiting from the covenant; for example, if it is too far away
to be affected. Restrictive covenants contained in leases are not registrable but are
nevertheless generally enforceable between third parties (see COVENANT RUNNING WITH
THE LAND). See also BUILDING SCHEME.
restrictive endorsement An *endorsement that prohibits the further
negotiation (transfer) of a *bill of exchange (for example, "Pay X only") or states that
it is a mere authority to deal with the bill as thereby directed and not a transfer of
ownership of the bill (for example, "PayX or order for collection"). A restrictive
endorsement gives the endorsee the right to receive payment of the bill and to sue
any party to it that his endorser could have sued, but gives him no power to
transfer his rights as endorsee unless it expressly authorizes him to do so.
Restrictive Practices Court A superior *court of record created by the
Restrictive Trade Practices Act 1956.lts jurisdiction was to determine matters arising
under the legislation controlling *restrictive trade practices and *resale price
maintenance, principally determining whether or not restrictive agreements
registered with the *Director General of Fair Trading were contrary to the public
interest. It was abolished under the Competition Act 1998and its functions taken
over by the Office of Fair Trading.
restrictive trade practices Arrangements in industry designed to maintain high
prices or earnings or to exclude outsiders from a trade or profession. Examples
include *resale price maintenance contracts, agreements between manufacturers to
restrict output so that demand remains unsatisfied and a high price is maintained,
similar agreements concerning the provision of services, and rules restricting entry
to a trade or profession. Under the Competition Act 1998, certain types of restrictive
agreement are presumed to be against the public interest (and therefore void) unless
they are first registered with the *Director General of Fair Trading and then
justified to the Office of Fair Trading (OFT). The OFT can declare whether or not an
agreement is contrary to the public interest and make orders restraining the parties
from giving effect to it and from making a new similar agreement. It can also
decide whether or not goods of any particular class should be exempt from the
statutory prohibition on resale price maintenance.
Agreements that are important to the national economy or hold down prices may
be exempted by the Secretary of State. The provision of certain services (including
legal, dental, educational, surveying, and medical and related services) are exempt
under the Act, as are ministers of religion and certain exclusive dealings and
intellectual property agreements.
resulting trust A trust arising by operation of law and in some cases based on the
unexpressed but presumed intention of the settlor. When the beneficial interest of a
trust is not completely disposed of, the undisposed interest results (i.e. goes back) to
the settlor or to his estate. A resulting trust is also created when purchased property
is transferred to someone other than the person who provides the price (compare
ADVANCEMENT); it may also arise when property is transferred voluntarily. Resulting
trusts may be regarded either as similar to *implied trusts or as a category of them.
There is sometimes no clear distinction between a resulting trust and a
*constructive trust, and the courts sometimes appear to use the terms
interchangeably.
resulting use (implied use) A *use that arose when legal ownership (seisin) was
transferred, but the transferor did not state for whose use (benefit) the property
was to be: the benefit of the property therefore still belonged to the transferor.
retention of title (reservation of title) A stipulation on a contract of sale that
the right of ownership of the goods shall not pass to the buyer until the buyer has
paid the seller in full or has discharged all liabilities owing to the seller. It is also
known as a Romalpa clause, from the case Aluminium Industrie BV v Ramalpa
Aluminium Ltd (1976).
retirement age (in the state pension scheme) The age at which an individual can
start to receive a state retirement *pension. The state retirement age for men in the
UK is currently 65 and for women 60. However, the government is harmonizing
retirement ages at 65 for both men and women, in order to comply with EU law on
*equal pay.
retirement of jury The withdrawal of the *jury from the court at the end of the
trial so that they may decide on their verdict in private. The jury members are not
allowed contact with the public until they reach (or fail to reach) a verdict. They
may not afterwards disclose the content of their discussions in reaching a verdict.
retirement of trustees A right of trustees to be released from their trusteeship.
Originally trustees were not allowed to retire, but retirement is now possible
subject to certain safeguards. Under the Trusts of Land and Appointment of
Trustees Act 1996,when there is no person nominated to appoint new trustees in
the trust instrument and the beneficiaries are of full age, sound mind, and
absolutely entitled, the beneficiaries may give a written direction to the trustees to
retire from the trust.
retorsion (retortion) n. A lawful means of retaliation by one state against
another. It is usually provoked by an equally lawful, but discourteous, act of the
other state, such as trade discrimination measures that single out foreign nationals
or by hostile propaganda produced via government-controlled sources of
information. See alsoREPRISALS; SANCTION; SELF-HELP.
retour sans protet [French: return without protest] A direction on a *bill of
exchange to the effect that the bill should be returned without *protest if it is
dishonoured.
retrial n. See NEW TRIAL.
retribution n. See PUNISHMENT.
retrospective legislation (retroactive legislation) Legislation that operates on
matters taking place before its enactment, e.g. by penalizing conduct that was
lawful when it occurred. There is a presumption that statutes are not intended to
have retroactive effect unless they merely change legal procedure (see INTERPRETATION
OF STATUTES).
retrospective penalties See PENALTY.
return n. 1. A formal document, such as an *annual return or the document
giving particulars of shares allotted and to whom (return of the allotment), which
must be delivered to the Companies Registry within one month of *allotment.
2. The official result of the votes cast in an election.
return day The day specified in a summons for the hearing of the summons.
returning officer Under the Representation of the People Act 1983,a person generally
the sheriff of a county or chairman of a district or London borough
council - designated by an order made by the Secretary of State to be responsible
for the conduct of parliamentary elections.
revenue statute An Act of Parliament concerning taxation.
reversal of judgment The alteration of a *judgment on appeal, either wholly or
in part.
reversion (reverter) n. The interest in land of a person (called the reversioner)
who has granted some lesser interest than his own to another but has not disposed
of the whole of his own interest. For example, if A grants land to B for life, A has an
interest in reversion, since the land reverts to him on B's death. Similarly, a person
who lets or sublets land to another retains an interest in reversion. The reversionary
inter -st of a lessor can subsist as a legal estate, but the reversion after any other
interest than a lease is necessarily an equitable interest.
reversionary lease Any lease for a term beginning at a future date. However,
under the Law of Property Act 1925 a lease granted at a rent or for a capital sum is
void if it is to take effect more than 21 years after it is executed.
reverter n. See REVERSION.
reverter of sites Reversion of land donated for charitable purposes to the donor
or his successors in title when the land ceases to be used for the specified purposes.
Many of these donations occurred under 19th-century statutes to enable voluntary
schools, libraries, museums, and churches and chapels to be established. Since that
time, many of these charitable purposes have ceased, and it has often proved
difficult to trace the beneficial owners entitled to the reverter. Under the Reverter
of Sites Act 1987, when a charitable purpose comes to an end, the trustees holding
the land are given a right to manage it and keep it in repair. If the beneficial owner
remains unidentifiable, the land can be sold and the proceeds used for charitable
purposes.
revival of will The re-execution with proper formalities of a will that has been
revoked other than by destruction, or the execution of a *codicil to it, showing the
testator's intention that the will should be effective notwithstanding the earlier
revocation. Under the Wills Act 1837 these are the only ways in which a will that has
been revoked can be revived. A revived will operates as if executed at the time of its
revival. Compare REPUBLICATION OF WILL.
revocation of offer The withdrawal of an *offer by the offeror so that it can no
longer be accepted. Revocation takes effect as soon as it is known to the offeree
(from whatever source); offers can be revoked at any time before acceptance unless
they are coupled with an *option. See alsoLAPSE OF OFFER; REJECTION OF OFFER.
revocation of probate The cancellation by the court of a grant of probate that
was obtained by fraud or mistake. The revocation does not affect those who have
purchased assets of the estate from the executors before the revocation.
revocation of will The cancellation of a will. The testator may revoke his will by
destroying it with that intention or by making a new will inconsistent with the
original. A will is automatically revoked by the testator's valid marriage, unless it
appears from the will that at the time it was made the testator was expecting to
marry a particular person and that he intended his will not to be revoked by the
marriage. A particular disposition in a will may similarly take effect in spite of the
marriage. The dissolution of a marriage does not revoke a will but the Wills Act 1837
provides that in the event of divorce or annulment any devise or bequest to a
former spouse lapses in the absence of contrary intention in the will.
right n. 1. Title to or an interest in any property. 2. Any other interest or privilege
recognized and protected by law. 3. Freedom to exercise any power conferred by
law. See alsoHUMAN RIGHTS; NATURAL RIGHTS.
right of abode See IMMIGRATION.
right of action 1. The right to take a particular case to court (see CLAIM). 2. A
chose in action (see CHOSE).
right of audience The right of an *advocate to be heard in legal proceedings.
Barristers have the right of audience in the Crown Court, High Court, Court of
Appeal, and House of Lords. Solicitors have a limited right of audience in some
Crown Court centres specified by the Lord Chancellor. In the county courts and
magistrates' courts both barristers and solicitors can appear. Many administrative
tribunals have no rules concerning rights of audience and a party may be
represented by any person he chooses.
right of common See COMMON.
right of establishment The right under the Treaty of Rome of a national of a
member state of the European Community to engage in and manage businesses in
any other member state.
right of light An *easement giving the owner of a dominant tenement the right
to the access across the servient tenement of a sufficient quantity of light for the
ordinary purposes to which the dominant tenement may be put. No easement can be
acquired for a greater amount of light than is necessary for such purposes. See
ANCIENT LIGHTS.
right of re-entry See RE-ENTRY.
right of resale The right that the seller in a contract of sale has to resell if the
buyer does not pay the price as agreed. When the goods are perishable or the
*unpaid seller gives notice to the buyer of his intention to resell, and the buyer does
not pay the price within a reasonable time, if the Seller is in possession of the goods
he may resell them and recover from the first buyer damages for any loss.
right of silence The right of someone charged with an offence or being tried on
a criminal charge not to make any statement or give any evidence. Often cited as a
prime example of the fairness of the English criminal system, being intended to
protect the innocent, it was also criticized as unduly hampering the conviction of
the guilty and has therefore been modified. If a suspect fails to mention something
at the time of his arrest or charge that is later relied on in his defence, this may
result in a court at a subsequent trial drawing such inferences as appear proper (see
CAUTION). Sometimes, however, statute obliges him to answer, as in certain fraud
investigations by the *Serious Fraud Office (although this has been held contrary to
the European Convention on Human Rights).
Failure of an accused aged 14 or over to give evidence in his own defence or
refusal to answer questions without good cause will also allow such inferences to be
drawn. Inferences may also be drawn from a suspect's failure to account for any
object, mark, or substance found on his person, in his clothing or footwear, or
otherwise in his possession at the time of arrest. The police officer must reasonably
believe that such items are attributable to an offence and inform the suspect
accordingly. Inferences may also be drawn from a suspect's failure to account for
his presence at a particular place.
right of support 1. An *easement conferring on the owner of the dominant
tenement the right to have buildings on his land supported by those on the servient
tenement. For example, houses forming a semidetached pair are likely to have
mutual rights of support. 2. For the right to preserve support for land in its
natural state, see NATURAL RIGHTS.
right of survivorship Uus accrescendi) The right of a joint owner of property
to acquire absolute ownership of the entire property on the death of the other
owner(s). See JOINT TENANCY.
right of water 1. An *easement conferring on the owner of a *dominant
tenement rights in connection with water, such as the rights to take water or to
discharge water onto another's land, or a right to enter another's land to open sluice
gates in order to prevent flooding of the dominant tenement. 2. A *natural right to
use water flowing through a channel on one's land.
right of way The right to pass over another's land. It may exist as a public right
exercisable by anyone; as an *easement for the benefit of a particular piece of land;
or as a *licence, purely personal to the person to whom it is granted.
rights issue A method of raising share *capital for a company from existing
members rather than from the public at large. Members are given a right to acqUire
further shares, usually in proportion to their existing holding and at a price below
the market value of existing shares. This right may be sold (renounced) to a third
party. See alsoPRE-EMPTIVE RIGHT.
right to air The right to a flow of air over land or buildings from neighbouring
premises. It may be enjoyed on any terms agreed by personal arrangement between
neighbouring landowners, but can only exist as an *easement if the right can be
sufficiently defined. Thus an easement for the flow of air through a specific
ventilation passage may exist, but a right to a general flow of air over the chimneys
of a house does not qualify as an easement so is not an interest in the land itself.
right to begin The right of a party at trial to present his case to the court first
(i.e. to open the case) by making the opening speech and presenting his evidence.
The right to begin usually belongs to the party who carries the persuasive *burden
of proof. Thus, in a criminal case the prosecution always has the right to begin; in
civil cases the claimant normally begins, but the defendant may do so when he has
the burden of proving all issues.
right to buy See SECURE TENANCY.
right to education A right set out in Article 2 of the First Protocol to the
European Convention on Human Rights and now part of UK law as a consequence of
the *Human Rights Act 1998. It is limited to primary and secondary education and
does not create a duty to fund or subsidize private education. The right includes a
duty to respect the religious and philosophical convictions of the parents regardless
of whether or not the child is in the state sector.
right to life A right set out in Article 2 of the European Convention on Human
Rights and now part of UK law as a consequence of the *Human Rights Act 1998.
The right to life does not make the use of the death sentence unlawful (but see
CAPITAL PUNISHMENT). Article 2 makes unlawful the use of lethal force where the use
of force was greater than that which was absolutely necessary (this is a higher test
than imposed by section 3 of the Criminal Law Act 1967). The right to life also
imposes a duty on public authorities to take reasonable measures to protect life
from threats from third parties. Article 2 also imposes a duty to ensure that any
investigation of a death caused by a public body is independent and effective.
right to marry A right set out in Article 12 of the European Convention on
Human Rights and now part of UK law as a consequence of the *Human Rights Act.
The right is not a particularly strong one; it only exists subject to the national laws
governing the exercise of this right.
riot n. An offence committed when 12 or more persons, present together,
intentionally use or threaten unlawful violence (see VIOLENT DISORDER) for a common
purpose. The collective conduct must be such as would have caused a reasonable
person to fear for his safety, though rio-one else need be present. A person is only
guilty of riot if he intended to use violence or was aware that his conduct might be
violent. The offence of riot is found in the Public Order Act 1986,though it can be
committed in private as well as in public places. It replaces the common-law offence
of riot and is punishable with up to ten years' imprisonment and/or a fine. Under
the Riot (Damages) Act 1886,when property has been destroyed, damaged, or stolen
in the course of a tumultuous riot, the owner is entitled to compensation out of
public funds. See also AFFRAY.
road n. For purposes of offences relating to road traffic, any *highway or other
route to which the general public has access. A road must be a route leading from
one place to another, and this is always a question of fact. It may include a hotel
forecourt, a road privately owned but to which the public has access, or a bridge
over which a road passes, but a car park is usually not regarded as a road. Some
traffic offences are defined to cover roads and "other public places".
road rage Aggressive behaviour while driving motor vehicles on roads. Although
there is no specific road rage offence, such behaviour may involve breach of other
laws. If the aggressor causes injury he may face a conviction for *dangerous driving
or for some other similar offence.
road tax A tax (formally called vehicle excise duty) that must be paid in respect
of any mechanically propelled vehicle used, parked, or kept on a public road. It is an
offence to fail to pay it. Electrically propelled vehicles and invalid vehicles do not
have to be taxed, and no tax is required when a motorist is driving to and from a
prearranged *MOTtest. It is also an offence to fail to display a tax disc showing that
the vehicle has been taxed, unless one has applied for a new disc before the old one
expired and it is within 14 days from the date of expiry. The tax disc must be
displayed on the nearside lower corner of the windscreen. Failure to pay road tax or
display the tax disc is punishable by fine, but is not subject to endorsement.
road traffic accidents If an accident has been caused by the presence of a motor
vehicle on a road and results in injury to anyone or damage to anyone else's vehicle
or to property on the road or neighbouring land (e.g.someone's garden wall), it is an
offence for the driver of the vehicle not to stop, unless he can show that he did not
know that the accident happened. It is also an offence to refuse to give one's name
and address to anyone who reasonably requires it (e.g. a police officer or another
driver or pedestrian involved in the accident), unless one reports the accident to the
police as soon as possible (not later than 24 hours after it occurred). If a person has
been injured in a road accident, it is an offence not to produce one's certificate of
insurance (see THIRD-PARTY INSURANCE) for a police officer or anyone else with
reasonable grounds for asking for it, unless one reports the accident to the police
not later than 24 hours after it occurred and, at the same time or within five days,
produces the certificate of insurance at any police station one specifies. See also
ACCIDENT RECORD BOOK.
Failure to stop after an accident or give particulars is an endorsable offence
(carrying 5-10 penalty points under the *totting-up system) and is subject to a *fine
at level 5 on the standard scale and to discretionary *disqualification.
robbery n. The offence of using force against any person, or putting them in fear
of being subjected to force, in order to commit a theft, either before the theft or
during the course of it. It is also robbery to threaten to use physical force in these
circumstances, even if the person threatened is not frightened by the threats. The
degree of force required is a question of fact in each case to be decided by the jury;
nudging someone so that he loses his balance may constitute sufficient force. The
force must, however, be directed against the person, rather than his property.
Robbery and assaults with intent to rob are punishable by a maximum sentence of
life imprisonment.
rogatory letter See LETTER OF REQUEST.
rolled-up plea A form of the defence of *fair comment in an action for
defamation. If the words complained of contain a mixture of statements of fact and
comment, the defendant may plead that "the said words in so far as they consist of
allegations of fact are true in substance and in fact, and in so far as they consist of
expressions of opinion they are fair comments made in good faith and without
malice upon the said facts, which are a matter of public interest". The defendant
must give particulars of which words he alleges are statements of fact and of the
circumstances he relies on to show that the words are true.
Romalpa dause See RETENTION OF TITLE.
Rome Treaty See TREATY OF ROME.
root of title The document from which an owner of unregistered land traces his
ownership. A good root must be at least 15 years old, deal with the whole legal and
beneficial ownership of the land, describe it sufficiently to identify it, and cast no
doubt on the title. A vendor must supply and the purchaser must accept such a root
unless their contract provides otherwise.
rout n. An old public-order offence approximating to *riot.
royal assent The agreement of the Crown, given under the *royal prerogative
and signified either by the sovereign in person or by royal commissioners, that
converts a Bill into an *Act of Parliament or gives a Measure (see CHURCH OF ENGLAND)
the force of an Act. It is the duty of the Clerk of the Parliaments to endorse the date
on which it was given immediately after the long title.
royal prerogative The special rights, powers, and immunities to which the
Crown alone is entitled under the common law. Most prerogative acts are now
performed by the government on behalf of the Crown. Some, however, are
performed by the sovereign in person on the advice of the government (e.g. the
dissolution of Parliament) or as required by constitutional convention (e.g. the
appointment of a Prime Minister). A few prerogative acts (e.g.the granting of
certain honours, such as the Order of the Garter) are performed in accordance with
the sovereign's personal wishes.
The Crown has limited powers of legislating under the prerogative, principally as
respects the civil service and UK dependent territories. It does so by Order in
Council, ordinance, letters patent, or royal warrant. The dissolution and prorogation
of Parliament and the granting of the royal assent to Bills take place under the
prerogative. OriginaIly the fountain of justice from which the first courts of law
sprang, the Crown still exercises (through the Home Secretary) the *prerogative of
mercy and retains the right (through the Attorney General) to stop a prosecution by
entering a *nolle proseqUi. In foreign affairs, the sovereign declares war, makes peace
and international treaties, and issues passports under the prerogative. Many
appointments (e.g. the higher judiciary, archbishops, and diocesan bishops) are made
under the prerogative, and a variety of honours,
including new hereditary peerages,
are conferred by the Crown as the fountain of honour. The sovereign is head of the
armed forces, and, although much of the law governing these is now statutory, their
disposition generally remains a matter for the prerogative. There is a prerogative
power, subject to the payment of compensation, to expropriate or requisition
private property in times of war or apprehended war. Miscellaneous prerogative
rights include the rights to *treasure trove and to *bonavacantia.An important
immunity of the sovereign is the prerogative of perfection. The common-law
maxim that "the King can do no wrong" resulted in the complete immunity of
the sovereign personally from all civil and criminal proceedings for anything that
he or she might do. This personal immunity remains, but actions may now be
brought against the Crown under the Crown Proceedings Act 1947 (see CROWN
PROCEEDINGS).
If a statute confers on the Crown powers that duplicate prerogative powers, the
latter are suspended during the existence of the statute unless it either abolishes
them or preserves them as alternative powers.
royal proclamation A document by which the sovereign exercises certain
prerogative powers (e.g.the summoning and dissolution of Parliament) and certain
legislative powers conferred on her by statute (e.g. the declaration of a state of
emergency; see EMERGENCY POWERS).
royal title See QUEEN.
royalty n. A sum payable for the right to use someone else's property for the
purpose of gain. Royalties are paid on *wasting assets, which have a limited lifespan.
For example, the royalty paid by a licensee to mine someone's land is a fixed sum
per tonne of the mineral he extracts, and an author's royalty is similarly determined
by the total number of his books the publisher sells. Royalties are paid generally for
the licensing of *intellectual property.
RSC See RULES OF THE SUPREME COURT.
rule against bias See NATURAL JUSTICE.
rule against double portions A rule designed to ensure, as far as possible,
equality between children entitled under a settlement and under a will, both made
by the same person. Thus if a father promises to pay substantial sums of money to
certain of his children to advance them and at his death the money has not been
paid, but the children (together with others) are entitled to legacies under his will,
the payment of the legacies and the moneys due under the settlement will be
considered together. Thus if an advancement of .10,000 and a legacy of .5000 are
due to one son and a legacy of .10,000 is due to another son, the first son will not
receive his legacy, to ensure equality between the children. See HOTCHPOT.
rule against inalienability A rule that prevents property from being rendered
incapable of transfer within the perpetuity period, i.e. a life presently existing plus
a period of 21 years. A gift that prevents transfer within this period is void. The rule
is similar to the *rule against perpetual trusts.
rule against perpetual trusts The rule that prohibits noncharitable trusts from
lasting beyond the perpetuity period, i.e. a lifetime presently existing plus a period
of 21 years. A trust that may last beyond that period is void. Compare RULE AGAINST
INALIENABILITY; RULE AGAINST PERPETUITIES.
rule against perpetuities (rule against remoteness of future vesting) A rule
developed by the *common law to enable a court to declare void any future or
postponed interest in property that might possibly vest (i.e. become enjoyable as of
right) outside the perpetuity period. This comprises (1) the lifetimes of persons
mentioned (or mentioned by implication) in the disposition who are alive at that
time and whose existence governs the timing of the vesting of the future interest
(the relevant lives in being), plus (2)21 years, plus (3) (in the case of a posthumous
beneficiary) any actual period of gestation. The period runs from the date of
execution of the deed or, if the disposition is contained in a will, from the death of
the testator. The purpose of the rule is to prevent land being tied up for an
indefinite period, which would hinder its ultimate disposal.
The common law rules relating to perpetuities have been supplemented (though
not replaced) by the Perpetuities and Accumulations Act 1964. When a disposition
would otherwise be void under the common law rules, the Act allows a period in
which one can wait and see whether the interest will in fact vest within the
perpetuity period; only if it becomes clear that it cannot do so will the disposition
be void. For these purposes, the perpetuity period is varied in that the Act provides a
new list of lives in being (the statutory lives in being). The Act also provides for a
fixed perpetuity period unrelated to lives.
rule against remoteness of future vesting See RULE AGAINST PERPETUITIES.
rule in Saunders v Vautier [from the case Saunders v Vautier (1841)JA rule under
which the beneficiaries of a trust, if of full age (18), sound mind, and between them
wholly entitled to the trust property, may direct the trustees to end the trust and
transfer the trust property to themselves as beneficiaries absolutely.
rule of law 1. The supremacy of law. 2. A feature attributed to the UK
constitution by Professor Dicey (Law of the Constitution, 1885). It embodied three
concepts: the absolute predominance of regular law, so that the government has no
arbitrary authority over the citizen; the equal subjection of all (including officials)
to the ordinary law administered by the ordinary courts; and the fact that the
citizen's personal freedoms are formulated and protected by the ordinary law rather
than by abstract constitutional declarations.
rules of court Rules regulating the practice and procedure of a court, usually
made by a rule committee acting under a statutory power. See also CIVIL PROCEDURE
RULES; CROWN COURT RULES.
Rules of the Supreme Court (RSC) Formerly, rules governing the practice and
procedure of the *Supreme Court of Judicature. The rules were made under a
statutory power by the Supreme Court Rule Committee, a body appointed by the
*Lord Chancellor and comprising himself, the *Master of the Rolls, the heads of the
Divisions of the High Court, and four practitioners. The Rules were revoked in 1999
by the *Civil Procedure Rules, which have re-enacted some of the rules of the RSC.
running-account credit (under the Consumer Credit Act 1974) A facility under a
*personal-credit agreement that enables a debtor to receive periodically from the
creditor or a third party cash, goods or services to an amount or value that does not
exceed the *credit limit (if any), taking into account payments made by or to the
credit of the debtor. Examples are bank overdrafts and credit cards. The credit
provided will be taken not to exceed .25,000and the agreement will be a consumercredit
agreement if the credit limit does not exceed .25,000. The Act specifies three
situations in which running-account credit will not exceed .25,000 in cases in which
there is no credit limit or, if there is, it exceeds .25,000.
running days See LAY DAYS.
running with the land See COVENANT RUNNING WITH THE LAND.
Rylands v Fletcher, rule in A principle of strict liability for dangerous things
accumulated on land that escape from the land and cause damage. It was first stated
in the case Rylandsv Fletcher (1868). in which the defendant had a reservoir built on
his land that caused flooding of the claimant's mine. The accumulation of dangerous
things must constitute a non-natural use of the land. A use is non-natural in .
modern law if it is a special use creating an abnormal risk of damage. The occupier
of the land is liable for damage caused by an escape if the damage is of a kind that
is a reasonably foreseeable consequence of the escape. subject to the defences of
common benefit. act of a stranger. statutory authority. consent of the claimant.
default of the claimant. or act of God.
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