unless other articles excluding or modifying them are delivered to the Companie~
Registry when the company is registered. The company is sUbje~t to the Table A m
force at the time it was registered. Tables B, C, D, E,and F specify forms of
memorandum of association and *articles of association to be adopted by
particular types of company.
tacking n. Before 1926, the right of a mortgagee who made a s~cond adva~ce to the
mortgagor to attach his second advance to the first one so that It h~d priority ?ver
the claims of any intervening mortgagee, provided that he ~as rec;Ived ~o notice of
any intervening mortgage. ThIS exception to the rules relatmg to priority of
mortgages was abolished in 1925.
tail n. An entailed interest.
tail general An *entailed interest under which the cla~s of descendants ";'ho can
succeed to the land is not limited to the issue of a specified spouse of the first
tenant in tail. Compare TAlL SPECIAL.
tail male An *entailed interest under which only male descendants of the original
tenant in tail can succeed to the land. If the male line dies out, the land goes to the
person next entitled in *remainder or in *reversion. The interest may be general or
special: see TAIL GENERAL; TAIL SPECIAL.
tail special An *entailed interest under which only the descendants of the first
tenant in tail and a specified spouse can succeed to the land; for example, when land
is settled on "John and the heirs of his body begotten on Mary". Compare TAIL
GENERAL.
takeover n. The acquisition of control by one company over another, usu~lly
smaller, company (the target company).This is usually achieved (1)by buying shares
in the target company with the agreement of all ItS members (If they are few) or of
only its *controllers; (2) by purchases on the *Stock Exchange; or (3) by means of a
*takeover bid. Compare MERGER. See also CITY CODE ON TAKEOVERS AND MERGERS; CONCERT PARTY; DAWN RAID.
takeover bid A technique for effecting a *takeover or a *merger. The bidder
makes an offer to the members of the target company to acquire their shares
(either for cash or in exchange for shares in the bidding company) in the hope of
receiving sufficient acceptances to obtain voting cont~ol of the target company.
Unless there is a *scheme of arrangement - and providing that the court does not
order otherwise - if members holding not less than 90% in value of the shares
involved in the bid accept the offer, the bidding company can compulsorily acquire
the shares of the remaining members.
taking at sea A risk commonly covered in policies of marine insurance, which
includes seizure or capture of a vessel by enemies or pirates.
talaq n. An Islamic divorce, usually effected by a triple declaration ("I di~orce 'you")
by the husband to the wife in front of witnesses. In some Moslem countries this
may be done informally; in other countries it must be pronounced before an authorized officer of the court. It may also be effected by a written talaqnama. See also EXTRAJUDICIAL DIVORCE.
tangible property *Property that has a physical existence, e.g. chattels and land
but not *choses in action nor incorporeal *hereditaments (which are intangible
property).
tax n. A compulsory contribution to the state's funds. It is levied either directly on
the taxpayer by means of *income tax, *capital gains tax, *inheritance tax, and
*corporation tax; or indirectly through tax on purchases of goods and services (see
VALUE-ADDED TAX) and through various kinds of duty, e.g. *road tax, *stamp duty, and
duties on betting and gaming.
taxable person See VALUE-ADDED TAX.
taxable supply See VALUE-ADDED TAX.
taxation of costs See ASSESSMENT OF COSTS.
tax avoidance The lawful arrangement or planning of one's affairs so as to
reduce liability to tax. Compare TAX EVASION.
tax evasion Any illegal action taken to avoid the lawful assessment of taxes; for
example, by concealing or failing to declare income. Compare TAX AVOIDANCE.
Tax Exempt Special Savings Account (Tessa) A savings account, introduced
with effect from January 1991, that is exempt from *income tax and *capital gains
tax. The exemption is limited to an amount of £9000 in total. and there is a limit of
£3000 on investments in the first year and £1800 in each subsequent year (the
maximum of £1800 can only be invested in the fifth year if a reduced amount was
invested in one of the previous years). Savers with a matured Tessa could invest all
the capital (i.e. up to £9000) from this account in a new Tessa during the first year,
provided the new account was opened within six months of the maturity date of
the old Tessa. There are restrictions on permissible withdrawals from the account.
No new Tessas can be opened after 5 April 1999, but existing Tessas continue until
maturity; the capital of a matured Tessa can be transferred to an *Individual
Savings Account (ISA) without affecting the annual ISAallowance, provided that this
is done within six months of the maturity date of the Tessa.
taxing master See COSTS OFFICER.
taxing statute An Act of Parliament that imposes tax. Any ambiguity is
construed in favour of the taxpayer (see INTERPRETATION OF STATUTES).
tax point The date on which a taxable supply becomes liable for *value-added tax.
The rate of tax chargeable on the supply is the rate in force at the tax point, and
the supply must be accounted for in the tax period in which the tax point occurs. If
the supply is a straightforward sale of goods, the tax point is normally the date on
which the customer takes possession of the goods. For the supply of services, the tax
point is normally the date on which the service is completed. In the case of hirings,
rentals, continuous or metered supplies (e.g. electricity), and supplies that are subject
to progress payments, the tax point is either the date on which an invoice is issued
or the date on which payment is received, whichever is earlier. If the supplier issues
a tax invoice, this must show the tax point.
tax year (fiscal year) The year of assessment for *income tax and *capital gains
tax purposes. It runs from 6 April to 5 April in the following year. See also FINANCIAL
YEAR.
Technology and Construction Court See OFFICIAL REFEREE.
technology transfer The licensing of *intellectual property. EU regulation
240/96 provides *block exemption from *Article 81 (competition law) for certain
categories of patent and *knowhow licence (and also for trade mark, design.
copyright. and other intellectual property licences that are ancillary to a patent or
knowhow licence). The regulation, which replaced earlier legislation on 1 April 1996.
applies to new licences entered into after that date and sets out those provisions in
licensing agreements that are permitted. those that are exempted. and those that
are prohibited (blacklisted). the presence of which prevents the exemption from
applying. The regulation also provides that agreements that do not contain
blacklisted provisions but otherwise do not come within the regulation may be
notified to the Commission for individual exemption; if no objection is raised by the
Commission within four months. the agreement may be deemed acceptable (this is
called the opposition procedure).
telephone tapping Secretly listening to telephone conversations by interfering
with the line. It is illegal except when authorized by the Home Secretary. See also
ELECTRONIC SURVEILLANCE.
teleworking n. A form of employment in which employees use information
technology to enable them to work mainly from home. The advantages to the
employer are the elimination of transport problems, reduction in office overheads.
and increased flexibility. Teleworkers are distinguished from outworkers in that
the former are engaged in white-collar work. as opposed to the manual tasks
performed by poorly paid female outworkers.
tenancy n. Broadly. the interest of one who holds land by any right or title. The
term is often used in a more restricted sense, however, for the arrangement in
which the owner (the *Iandlord) allows another person (the tenant) to take
possession of the land for an agreed period, usually in return for rent. There are
many ways of establishing a tenancy, from a formal *Iease by deed to an informal
verbal arrangement. The latter is legally binding on the parties if it satisfies the
requirements for an *agreement for a lease. A tenancy can also come into existence
through statute law (see STATUTORY PERIODIC TENANCY).
The different kinds of tenancy are: tenancy for a *fixed term. *joint tenancy,
*periodic tenancy. *tenancy at sufferance. *tenancy at will, *tenancy by estoppel,
and *tenancy in common. The terms and conditions of tenancies vary considerably
according to the kind of tenancy and the wishes of the parties. There are many
statutory controls which affect tenancies. particularly in relation to *security of
tenure and rent. See alsoASSURED TENANCY.
tenancy at sufferance A tenancy that arises when a tenant is *holding over and
the landlord has not indicated whether or not he agrees to the tenant's continued
occupation. If the landlord gives his express agreement. the tenancy becomes a
*tenancy at will.
tenancy at will A tenancy that can be terminated by the landlord or the tenant
at any time. A tenancy at will usually arises by implication. when the owner of land
allows a person to occupy it although he has no *fixed term. *periodic tenancy. or
*Iicence (for example. when a landlord agrees to the tenant *holding over). More
rarely. a tenancy at will may be created by express agreement. If the landlord starts
to accept rent on a regular basis. an ordinary *periodic tenancy is created. A tenant
who holds over after a fixed-term *assured tenancy expires may have a *statutory
periodic tenancy. A tenancy at will of business premises does not have the statutory
protection given to a *business tenancy. In the case of residential premises, however,
the usual statutory protection from *eviction will apply. A tenancy at will can be
terminated by the landlord demanding possession or if either he or the tenant dies
or parts with his interest in the land.
tenancy by estoppel A tenancy that exists despite the fact that the person who
granted it had no legal right to do so. Such a tenancy is binding on the landlord and
tenant but not on anyone else. If the landlord subsequently acquires the right to
grant the tenancy, it automatically becomes a full legal tenancy.
tenancy for years A tenancy for a *fixed term.
tenancy from year to year A yearly *periodic tenancy.
tenancy in common Equitable ownership of land by two or more persons in
equal or unequal *undivided shares. Each co-owner may sell or dispose of his share
by will, and a share does not pass automatically by the right of survivorship on the
death of a co-owner but forms part of his estate (compare JOINT TENANCY). Under the
Law of Property Act 1925 the legal estate is held by the co-owners as joint tenants on
trust for themselves as equitable tenants in common. and a *trust of land is implied.
tenant n. A person who is granted a *Iease or a *tenancy. A tenant need not be an
individual; for example. a company can be a tenant.
tenantable repair The maintenance of a property in a condition fit for letting to
a tenant. The phrase is sometimes used in a *covenant to repair. The use of the word
"tenantable" has no significant effect on the parties' usual obligations under the
covenant.
tenant for life (life tenant) A person owning land for an equitable interest that
subsists for the whole of his life but terminates on his death (see alsoLIFE INTEREST).
The statutory powers of a tenant for life are laid down by the Settled Land Act 1925
(see SETILED LAND). See also TRUST OF LAND.
tenant in tail A person entitled in possession or on the death of his ancestor to an
*entailed interest.
tenant in tail after possibility of issue extinct The interest of an original
tenant in *tail special when the specified spouse has died and there are no heirs
entitled to succeed to the entailed interest. The tenant in tail retains his powers
under the Settled Land Act 1925 (see SETILED LAND) but cannot bar the entail (see
ENTAILED INTEREST). This position cannot arise when the land is held in tail general,
since while the tenant in tail lives there is always a possibility he may have children
by another wife.
tenant pur autre vie See ESTATE PUR AUTRE VIE.
tenant's fixtures Fixtures attached to rented property by a tenant that the
tenant is entitled to remove at the end of the tenancy. These are: *trade fixtures,
ornamental and domestic fixtures (such as blinds and mirrors) whose removal does
no serious damage. and (subject to certain statutory rules) agricultural fixtures.
Tenants are not entitled to remove any other fixtures.
tender n. 1. An offer to supply (or to purchase) goods or services. Normally a
tender must be accepted to create a contract, except when the invitation to tender
states unequivocally that the lowest (or highest) tender will be accepted. If the
tender is to supply goods as required by the other party. it may be a standing offer
and creates contracts as and when particular orders are placed. Whether or not the tenderer can withdraw from supplying future orders depends upon the terms of the tender, in particular whether the tenderer binds himself (for consideration) to execute all orders. 2. An offer of performance, acceptance of which requires the concurrence of the other party, e.g. the tender of the price of goods by a buyer to a seller.
tender before action (tender before claim) A *defence to a claim for a debt or
liquidated demand alleging that the defendant offered to pay the sum claimed
before the claimant began his action. In order to rely upon this defence the
defendant must pay the sum tendered into court and give notice of the payment to
the claimant. See also PART 36 OFFERS AND PAYMENTS.
tender offer An offer of a company's securities to the public (see FLOTATION) at a
uniform price (above a specified minimum) that is determined by the bids received
and ensures that all the securities are taken up.
tenure n. Under the *feudal system, the relationship between lord and tenant,
which determined the conditions under which the land was held. Today the term is
used to indicate the nature of a legal estate in land, i.e. freehold or leasehold. The
only tenurial relationship of practical significance in modern law is that of landlord
and tenant (or leasehold). See also SECURITY OF TENURE.
term n. 1. Originally, any of four periods of the year during which judicial business
had to be transacted. For this purpose terms were abolished by the Judicature Acts
1873-75, and the legal year is now divided into *sittings and
term of years (term for years) An interest in land that subsists for or by
reference to some specified period of time. It includes interests subsisting for less
than a year (e.g.a lease for six months) and periodic tenancies (e.g. a weekly, .
monthly, or yearly tenancy determinable by notice to quit). It can also include tuneshare
agreements, e.g. of one specified week in each of a number of years. The
commencement date and maximum duration of the term must be identifiable
before the lease takes effect. See alsoTERM OF YEARS ABSOLUTE.
term of years absolute A leasehold estate in land: a *term of years that mayor
may not be brought to an end by notice, forfeiture, or any other event except the
death of any person. Thus a lease "to X for 25 years if Y shall so long live" is not a
valid term of years absolute. Under the Law of Property Act 1925a term of years
absolute can exist as a *legal estate provided it is created in the required manner, i.e.
by deed in the case of a term of three years or more.
terra nullius See DISCOVERY.
territoriality n. (in international law) The principle that states should not exercise
their jurisdiction outside the area of their territory. They are entitled, however, to
exercise jurisdiction within their territory over acts committed by their citizens
outside their territory, and all states have jurisdiction over *offences against
international law and order. The territory of a state for purposes of jurisdiction
includes its ships and aeroplanes. A state may exercise jurisdiction over crimes that
are either originated within its territory but completed outside or originated
outside its territory and completed inside.
territorial limits The geographical limits within which an Act of Parliament
operates, which include, in the UK,the territorial sea up to the 12-mile limit. The
limits are restricted by international law (see SOVEREIGNTY OF PARLIAMENT).
territorial waters The band of sea between the limit of the *internal waters of a
state (see BASELINE) and the *high seas, over which the state has certain specified
rights. These rights are governed by a 1958Geneva Convention, which is taken to
represent the position under customary international law. New rules were proposed
in a 1982 United Nations Convention on the Law of the Sea (see LAW OF THE SEA). A
coastal state exercises sovereignty over its territorial waters, which includes, in
particular, the following. (1) An exclusive right to fish and to exploit the resources
of the seabed and subsoil of the seabed and exclusive use of the airspace above the
territorial sea. (2)The exclusive right to use the territorial waters to transport
people and goods from one part of the state to another. (3)The right to enact laws
concerning navigation, immigration, customs dues, and health, which bind all
foreign ships. (4)The right to ask a warship that ignores navigation regulations to
leave the territorial waters. (5) Certain powers of arrest over merchant ships and
people on board and jurisdiction to try crimes committed on board such ships
within the territorial waters. (6)The right to exclude fighting in the territorial
waters during a war in which the coastal state is neutral. All foreign ships, however,
have a right of innocent passage through the territorial sea, i.e. the right to pass
through, provided they do not prejudice the peace, security, or good order of the
coastal state (submarines must navigate on the surface). See also HOT PURSUIT, RIGHT
OF.
The extent of the territorial sea is usually measured from the low-tide mark on
the shore, but in estuaries and small bays it is measured from a closing line
between two points on the shore, which delimits the state's internal waters. The
width of the territorial sea is a matter of dispute in international law. Traditionally
it has been fixed at 3 nautical miles (see CANNON-SHOT RULE), but many states have
claimed 12 miles or more, and this will probably become the normal width. The
Territorial Sea Act 1987fixes the territorial waters of the UKat 12 nautical miles.
Beyond the territorial sea, states have a contiguous zone, not exceeding 24 nautical
miles, in which they may exercise jurisdiction over certain infringements of their
customs, fiscal, immigration, or sanitary regulations. In recent years many states
(including the UK) have also claimed exclusive fishery zones extending 200 miles
beyond the low-tide mark. The UKis subject to the EU's *Common Fisheries Policy
in relation to fishing. See alsoEXCLUSIVE ECONOMIC ZONE.
terrorism n. The use or threat of violence for political ends, including putting
the public in fear. The Terrorism Act 2000 has abolished all the previous statutory
provisions relating to terrorism, apart from a number of specific provisions that
continue to exist under the Northern Ireland (Emergency Provisions) Act 1996, the
Terrorism (Temporary Provisions) Act 1989,and the Criminal Justice (Terrorism and
Conspiracy) Act 1998. The Terrorism Act 2000 defines terrorism in section 1 as
(a) the use or threat of action that involves serious violence against a person or
serious damage to property, endangers a person's life, creates a serious risk to the
health or safety of the public or a section of the public, or is designed to interfere
with or disrupt an electronic system, or (b) the use or threat of violence designed to influence the government or intimidate the public or a section of the public: in
both cases the use or threat of such action or violence is made for the purpose of
advancing a political, religious, or ideological cause. The Act also provides that the
action referred to includes that taken within as well as outside the United Kingdom.
The Act contains provisions that allow for certain organizations to be declared as
proscribed organizations. It then becomes an offence to be a member of such an
organization. The Act also contains detailed provisions as to property defined as
being "terrorist property" and the forfeiture of such property. There are detailed
provisions relating to the investigation of terrorist activities that grant the police
and security services special and extra powers. These include special powers to stop
and search, detain, and interrogate those suspected of involvement in terrorist
activities.
The Act was a further attempt at bringing UK legislation into line with the 1977
European Convention on the Suppression of Terrorism. This was needed in order to
ensure that persons within the UKwho were suspected of terrorist activity in other
parts of Europe could be successfully extradited to face trial in those other states.
Much of the legislation is directed at the situation in Northern Ireland. However,
this is likely to change as the focus now shifts to dealing with international
terrorism.
Tessa n. See TAX EXEMPT SPECIAL SAVINGS ACCOUNT.
testament n. A *will. Strictly speaking, a testament is a will dealing only with the
testator's personal property, not his land.
testamentary capacity The ability to make a legally valid will. Persons under 18
years (apart from members of the armed forces on active service - see PRIVlLEGED
WILL) and mental patients do not have testamentary capacity. The testator must, at
the time he makes his will, understand the nature of the document, the property of
which he is disposing, the persons who have a natural claim to provision from his
estate, and the manner in which he provides for his estate to be distributed.
testamentary expenses Costs incurred by a deceased's personal representatives
in administering his estate.
testamentary freedom The principle that a person is free to dispose of his
property by will in whatever manner he chooses. This freedom is restricted by the
Inheritance (Provision for Family and Dependants) Act 1975, which allows members
of a deceased person's family or his dependants to apply to the court for provision
from his estate if his will does not adequately provide for them.
testamentary guardian A person appointed by will to be the *guardian of a
child under 18.
testamentary intention The principle that a person's will must reflect his true
wishes. Thus a will executed as a result of coercion, fraud, or undue influence will
be set aside by the court.
testamentary trust A trust contained in a will.
testate adj. Having left, at one's death, a legally valid will.
testator n. A person who makes a will.
testatum n. See DEED.
test case A case brought to test a principle of law that, once established, can be
applied in other cases. Thus when there are a number of claimants with similar
claims, a test case may be brought by one of them, after which the remainder of the
claims can be settled out of court on the same basis. Compare REPRESENTATIVE ACTION.
testimonium n. See DEED.
testimony (testimonial evidence) n. A statement of a witness in court, usually
on oath, offered as evidence of the truth of what is stated.
textbooks pl. n. Textbooks are sometimes cited in court to assist in the
interpretation of the law. They have no authority as a source of law but merely
provide an expert opinion as to the current state of the law. There was formerly a
convention that only the works of dead authors could be cited, but modern practice
also allows citation of living authors. The Books of Authority, i.e. the works of
Glanvil, Bracton, Littleton, Coke, and Blackstone, are treated as having the same
authority as cases of the same period.
thalweg. rule of the [from German: downway] The rule for determining the
BOUNDARY line between two states that are separated by a navigable river containing
a newly formed island. According to this rule, the boundary line moves with the
centre of the navigable channel, i.e. it is delineated as being the centre of the course
with the strongest current, so that the newly formed island must lie on one side of
it or the other. On non-navigable rivers, however, the middle line of the river will
mark the boundary between the two states between which it flows. Thus, a newly
formed island might well fall partly on one side of the boundary line and partly on
the other. See alsoACCRETION; AVULSION.
theft n. The dishonest appropriation of property belonging to someone else with
the intention of keeping it permanently (see DISHONESTY). "Appropriation" is defined
in the Theft Act 1968as the assumption of the rights of the owner of the property
and includes any act showing that one is treating the property as one's own, which
need not necessarily involve taking it away. For example, switching price tags from
one item to another in a shop to enable one to buy goods at a lower price could
amount to an appropriation, as could purporting to sell someone else's property. If a
person acquires property without stealing it, but later decides to keep the property
unlawfully, he may be regarded as having appropriated it. For example, if A lends
his golf clubs to Bfor a week and B subsequently decides to keep the clubs or sell
them, this indicates that B has assumed the rights of the owner unlawfully.
"Property" includes all tangible and intangible objects and choses in action (e.g. bank
balances) but there are special rules in the Theft Act 1968 governing land and wild
plants and animals (see POACHING). Property belongs to anyone who either owns it or
has physical possession or control of it. The Act expressly states that a person is not
dishonest if he believes (even if unreasonably) that he is legally entitled to
appropriate the property or that the owner would consent or could not be
discovered by taking reasonable steps. The punishment for theft is up to ten years'
imprisonment.
Under the Theft Act 1978, obtaining goods or services without paying for them is
now covered by the offence of *making off without payment (see also SHOPLIFTING).
Cases in which property is obtained by deception are usually dealt with as
*deception offences. Theft involving the use of force may amount to *robbery. See
also BURGLARY; CONVEYANCE.
thing n. See CHOSE.
third-party insurance Insurance against risks to people other than those that are
parties to the policy. It is illegal to use, or allow anyone else to use, a motor vehicle on a road unless there is a valid insurance policy covering death, physical injury, or
damage caused by the use of the vehicle in Great Britain. It also covers any liability
resulting from the use of a vehicle (or a trailer) that is compulsorily insurable in EU
countries. The policy is only considered valid when a certificate of insurance has
been issued.
There is a duty upon anyone driving a motor vehicle to give his name and address
and that of the car owner and to produce the certificate of insurance whenever
asked to do so by a police officer. He may, however, produce it within five days at
any police station he specifies at the time he was asked to produce it. There is also a
duty to give details of one's insurance to any person making a claim against it or to
any chief police officer who is checking whether the legal requirements of
insurance are complied with. Breach of any of these duties is punishable by fine. See
also DRIVING WITHOUT INSURANCE.
third-party proceedings Proceedings brought by a defendant to a civil action
against a person not already a party to the action. Under the *Civil Procedure Rules
such proceedings are now known as *Part 20 claims.
threat n. The expression of an intention to harm someone with the object of
forcing them to do something. A threat (or menace),or the action of threatening
someone (see INTIMIDATION), is an ingredient of many crimes. See BLACKMAIL; BOMB HOAX; CRIMINAL DAMAGE; DURESS; FORCIBLE ENTRY; INTIMIDATION; RACIAL HATRED; RAPE; SENDING DISTRESSING LETTERS; THREATENING BEHAVIOUR; VIOLENT DISORDER.
threatening behaviour It is an offence, punishable with up to six months'
imprisonment and/or a fine, to use towards another person threatening, abusive, or
insulting words or behaviour. It is a similar offence to distribute or display anything
that is threatening, abusive, or insulting. In both cases it must be proved either that
the accused person had the specific intent (see INTOXICATION) to cause the other
person to believe that immediate unlawful violence would be used against him or,
simply, that the threatened person was likely to believe that violence would be used
against him. A constable may *arrest without warrant anyone he reasonably
suspects is committing either of these offences.
It is also an offence, punishable with a fine, to use threatening or disorderly
behaviour, or to display anything that is threatening, abusive, or insulting, within
the hearing or sight of anyone likely to be harassed, alarmed, or distressed by it.
Here, it is a defence if the accused person proves (see BURDEN OF PROOF) either that he
had no reason to believe that there was anyone within hearing or sight who was
likely to be harassed, alarmed, or distressed, or that he was inside a dwelling (any
living accommodation, including a hotel bedroom) and had no reason to believe that
the behaviour or display would be heard or seen by someone outside, or that his
conduct was reasonable. A constable may *arrest without warrant anyone he
reasonably suspects of committing this offence if, after warning him to stop, the
person repeats the offence.
All these offences were introduced by the Public Order Act 1986 to replace similar
offences; they may be committed in private as well as public places unless the
behaviour or display took place inside a dwelling. A further offence of intentionally
causing harassment (primarily aimed at racial harassment) was introduced by the
Criminal Justice and Public Order Act 1994; it is punishable by a fine and/or six
months' imprisonment. See alsoRACIAL HATRED; RACIST ABUSE; STALKING; VIOLENT
DISORDER.
three certainties See TRUST.
three-tier system A system for allocating cases between *Crown Court centres.
First-tier centres deal with both criminal and High Court civil cases and are served
by High Court *puisne judges, *circuit judges, and *recorders. Second-tier Centres
deal only with criminal cases, but are served by the same kinds of judge as first-tier
centres. Third-tier centres deal only with criminal cases and are served by circuit
judges and recorders only.
threshold criteria The minimum preconditions that must be met before the
court is able to make a care or supervision order. These are set out in the Children
Act 1989 and are that the child is suffering or likely to suffer significant harm
either caused by the care or lack of care given to it by its parents or because the
child is beyond parental controL See also CARE ORDER; SUPERVISION ORDER.
tidal waters Under the Merchant Shipping Act 1894,any part of the sea and of a
river within the ebb and flow of the tide at ordinary spring tides, excluding
harbours.
tied. cottage. A dwelling provided for the tenant of a *service tenancy, usually in
relation to agricultural workers' accommodation. See alsoAGRICULTURAL DWELLINGHOUSE
ADVISORY COMMITTEE; ASSURED AGRICULTURAL OCCUPANCY.
time charter See CHARTERPARTY.
time immemorial See LEGAL MEMORY.
time policy A marine insurance policy that covers a ship against risks arising in
the course. of any voyage durin.g.a specified period. It differs from a voyage policy,
covering risks arising In a specified voyage of any duration. A policy may, however,
be mixed, i.e. restricted in cover as to both time and voyage. See also DEVIATION.
time provisions in contracts Provisions in contracts that relate to the time
~thin which acts are to be performed. The question often arises whether or not a
tIme provision constitutes a *condition of the contract. If it does, it is said that time
is of the essence. In general, time is of the essence only if the contract says so or if
an intention that it should be so is to be inferred from the nature of the transaction
or the circumstances surrounding it. Most suppliers' contracts, however, include an
express term that time is not of the essence.
title n. 1. A person's right of *ownership of property. Someone with a good title
has adequate evidence to establish his right. See ABSOLUTE TITLE; QUALIFIED TITLE; TITLE
DEEDS. 2. The heading of an *Act of Parliament, which may be a long title or a
short title. 3. The name of a particular court action, which is derived from the
heading of the originating *process that initiated it.
title deeds Documents that prove a person's ownership of land and the terms on
which he owns it. In the case of unregistered land they consist of all *conveyances,
*mortgages, and other documents tracing ownership of the land back to a good
*root of title at least 15 years old. Title deeds to registered land are the land
certificate or charge certificate (see LAND REGISTRATION).
Tobar doctrine The doctrine that *recognition of a government should only be
granted If that administration came to power by legitimate democratic means.
Named after its creator, the Ecuadorian Minister of Foreign Relations, it was first
adopted by five Central American states in 1907 and embodied in a treaty. After later
US approval, the doctrine became known as the Wilsonian policy. Although it had
the laudable aim of trying to maintain stability in a notoriously unstable part of the
world, the doctrine has been applied inconsistently; since the end of World War II, the USAand many other states have favoured the more pragmatic *Estrada
doctrine.
TOLATA (TLATA) Acronym for the Trusts of Land and Appointment of Trustees
Act 1996. See TRUST OF LAND.
Tomlin order A form of order used to give effect to a compromise of litigation in
the High Court. It is based on a
bankrupt. They include all tools, books, vehicles, and other items of equipment
necessary for the bankrupt's personal use in his employment, business, or
vocation.
tort n. [Old French: harm, wrong: from Latin tortus, twisted or crooked] A wrongful
act or omission for which *damages can be obtained in a civil court by the person
wronged, other than a wrong that is only a *breach of contract. The law of tort is
mainly concerned with providing compensation for personal injury and property
damage caused by *negligence. It also protects other interests, however, such as
reputation (see DEFAMATION), personal freedom (see ASSAULT; FALSE IMPRISONMENT), title to property (see CONVERSION; TRESPASS), enjoyment of property (see NUISANCE), and
commercial interests (see INTIMIDATION; CONSPIRACY; PASSING OFF). It must usually be
shown that the wrong was done intentionally or negligently, but there are some
torts of *strict liability. Most torts are actionable only if they have caused damage,
but torts whose main function is to protect rights rather than to compensate for
damage (such as trespass) are actionable without proof of damage. The person
principally liable is the one who committed the tort (the tortfeasor) but under the
rules of *vicarious liability one may be liable for a tort committed by another
person. The main remedy for a tort is an action for damages, but in some cases an
*injunction can be obtained to prevent repetition of the injury. Other remedies are
*self-help and orders for specific restitution of property.
Some torts are also breaches of contract. Negligent driving by a taxi-driver that
causes injury to his passenger is both the tort of negligence and breach of the
contract to carry the passenger safely to his destination. The passenger may sue
either in tort or for breach of contract, or both. Many torts are also crimes. Assault
is both a crime and a tort. *Dangerous driving is a crime and may give rise to an
action in tort if it causes injury to another person. The crime is prosecuted by
agents of the state in the name of the Crown. It is left to the injured person to seek
compensation from the wrongdoer by means of an action in tort.
tortfeasor n. One who commits a *tort. See alsoJOINT TORTFEASORS.
tortious adj. Having the nature of a "tort: wrongful.
torture n. Under section 134 of the Criminal Justice Act 1988, the offence
committed by a public official (or someone with the official's acquiescence) of
intentionally inflicting severe physical or mental suffering on any person anywhere
in the world. It carries a maximum sentence of life imprisonment. Under this Act,
the accused had a defence if he proved that his conduct was legally authorized,
justified, or excusable. However, the prohibition on torture as set out in Article 3 of
the European Convention on Human Rights is now part of UKlaw as a consequence
of the *Human Rights Act. This right is an *absolute right, and torture can never be
justified as being in the public interest, no matter how great that public interest
might be. Public authorities have a limited but positive duty to protect this right
from interference by third parties.
total loss (in marine insurance) See ACTUAL TOTAL LOSS; CONSTRUCTNE TOTAL LOSS. Compare PARTIAL LOSS.
totting up The system under which offences endorsed on a driving licence are
added up to empower the courts to order *disqualification from driving. Until 1
November 1982, certain road offences (listed in a Schedule to the Road Traffic Act
1972) were totted up if, within three years before committing the latest offence,
the accused had been convicted and had his licence endorsed on two occasions. Since
that date the system has been altered. All traffic offences that are subject to
compulsory or discretionary disqualification are now assigned a number of penalty
points (reflecting the gravity of the offence). When a person is convicted of any of
these offences, and his licence is endorsed but he is not disqualified, the
endorsement states the number of points for that offence. If he is disqualified for
the offence, the penalty points that would normally apply to that offence are not
endorsed. When the penalty points endorsed within the past three years - together
with the points acquired on the latest offence - amount to 12 or more, the court
must order disqualification for a minimum of six months, but the points applying
to the latest offence are not endorsed. If the accused has already been disqualified
within the three years before the latest endorsable conviction, the minimum
disqualification is for one year; if he has been disqualified more than once, the
minimum is two years. Mitigating circumstances are still permitted (to prevent
disqualification or shorten the period), but only upon proof of exceptional hardship.
When several offences are committed together, the licence is only endorsed with the
points relating to the gravest offence. If a person is disqualified under this system,
all previous points are eliminated, and he gets back a clean licence after
disqualification. Under the Road Traffic (New Drivers) Act 1995, with effect from 1
June 1997, if a driver is convicted of an endorsable offence and accumulates 6 or
more penalty points within two years of passing a driving test, his licence is revoked
and he must retake the test. Penalty points for the most important offences are as
follows.
3-11 points - any offence involving obligatory disqualification for which
disqualification was not ordered because of special reasons or mitigating
circumstances.
10 points - being in charge when unfit or with excess alcohol in the body (see
DRUNKEN DRlVING); failing to provide a *specimen of breath.
5-10 points - failing to stop after a *road traffic accident; failing to report an
accident.
3-9 points - *careless and inconsiderate driving.
8 points - taking a *conveyance.
6-8 points - *driving without insurance.
7 points - *driving while disqualified.
4 points - failing to provide a specimen for a preliminary *breath test.
3 points - *speeding (if a fixed penalty); leaving a car in a dangerous position (see
OBSTRUCTION).
2 points - *driving without a licence; driving under age.
All endorsements on the licence before 1 November 1982 count as 3 points.
touting n. Seeking business by approaching potential customers. Under the
Criminal Justice and Public Order Act 1994 it is a summary offence (punishable by a fine) for unauthorized persons to offer or display for sale, in a public place, a ticket
for a designated football match or other sporting event for which more than 6000
tickets are issued. Similarly, it is a summary offence (punishable by a fine) for taxi
operators to solicit persons to hire vehicles to carry them as passengers unless they
are licensed operators within an authorized scheme that permits such soliciting.
Both offences are *arrestable offences.
town and country planning A system of controlling the use of land
administered by local planning authorities under the Town and Country Planning
Act 1990,which is subject to supervisory powers of the Secretary of State. These
authorities include both county and district councils (or unitary authorities) and
also, in Greater London, the London borough councils and the Court of Common
Council of the City. The background to control is the development plan. Councils
formulate and keep under review structure plans of general policy for their areas,
and the other authorities maintain local plans of detailed policy for theirs. The
structure plan and local plan for an area constitute its development plan. The
machinery of control is planning permission, without which no *development of
land may take place. The Secretary of State has granted permission for certain
classes of development ("permitted development") by a general development order
applicable throughout England and Wales; permission may be granted for particular
cases by special development orders. In all other cases permission is a matter for
local planning authorities (normally at district or borough level), with a right of
appeal to the Secretary of State against its refusal or against conditions attached to
it. The implementation of control is by local planning authorities, primarily by
serving an *enforcement notice.
town clerk The office held by the head of the permanent staff (normally a
qualified solicitor) of some local authorities. Under the Local Government Act 1972,
the office ceased to be obligatory and most authorities now appoint a chief
executive instead.
tracing trust property (following trust property) The right of a beneficiary
under a *fiduciary relationship to recover trust property or its value if it is
wrongfully disposed of by the fiduciary. The right exists against anyone except a
person who has purchased the trust property without notice of the fiduciary
obligation; a beneficiary may, for example, recover the property from a trustee who
has mixed trust property with his own funds, or from a person to whom the
property has wrongly been given.
track (in civil proceedings) See ALLOCATION; CASE MANAGEMENT.
trade description Any direct or indirect indication of certain characteristics of
goods or of any part of them, such as their quantity, size, fitness for their purpose,
time or place of origin, method of manufacture or processing, and price. Under the
Trade Descriptions Act 1968,it is a criminal offence to apply a trade description to
goods that is false or to supply or offer to supply any goods to which such a
description is applied (see FALSE TRADE DESCRIPTION).
trade dispute Any dispute between workers and their own employer relating to
one or more of the following: (1) terms and conditions of employment; (2) the
engagement or nonengagement, suspension, or dismissal of any employee; (3)
allocation of duties between employees; (4)disciplinary matters; (5) trade union
membership or nonmembership; (6) facilities for trade union officials; and (7)
negotiating machinery and the recognition of trade unions' negotiating rights on
behalf of employees. Under terms of the Trade Union and Labour Relations
(Consolidation) Act 1992,a person cannot be sued in *tort for an act that is
committed in contemplation or furtherance of a trade dispute on the grounds that
it induces or threatens any breach or interference with the performance of a
contract. Generally such immunity extends only to the acts of employees against
their own employer. Secondary industrial action may be unlawful when it is
directed against an employer who is neither a party to the dispute nor the
customer or supplier of the employer in dispute (see also PICKETING). Moreover,
there is no immunity in respect of action taken to enforce a *closed-shop
agreement.
The 1992 Act gives similar immunity to trade unions for their acts committed in
contemplation or furtherance of a trade dispute provided the act concerned is
authorized by a majority vote in favour of the action in a secret ballot of the
union's members. A trade union member can obtain a court order preventing
industrial action being taken if it has not been authorized by a ballot. When the
immunity does not apply, a union is only liable in respect of action that has been
authorized or endorsed by a responsible person (which includes the principal
executive committee, general secretary, president, paid officials, or committees to
whom they report). The president, general secretary, or principal executive
committee may repudiate such authorization or endorsement provided they act
promptly and notify the person giving the authorization or endorsement in writing
and without delay.
When a trade union's immunity does not apply and it is ordered to pay damages
(other than for causing personal injury or for breach of duty concerning the
ownership control or use of property, or for *products liability under the Consumer
Protection Act 1987), the amount awarded may not exceed specified limits. These
range from £10,000 for a union with under 5000 members to £250,000for a union
with 100000 or more members, and the limits may be varied by statutory
instrument. Payment of damages awarded against a trade union or employers'
association may not be enforced against certain protected property, including its
political and pension funds and the personal assets of its trustees, members, or
paid officials, as distinct from assets they hold for the union's or association's
purposes.
trade fixture A fixture attached to rented premises by a tenant for the purpose
of his trade or business. A tenant can remove trade fixtures at any time during his
tenancy, as well as at the end of it. See alsoTENANT'S FIXTURES.
trade mark A distinctive symbol that identifies particular products of a trader to
the general public. The symbol may consist of a device, words, or a combination of
these. A trader may register his trade mark at the Register of Trade Marks, which is
at the Patent Office (see PATENT). He then enjoys the exclusive right to use the trade
mark in connection with the goods for which it was registered. Any person or firm
that has a trade connection with the goods may register a trade mark. For example,
he may be the manufacturer, a dealer, importer, or retailer. Under the Trade Marks
Act 1994 (and EU directive 89/104), registration is initially for ten years; it is then
renewable. Trade marks can be registered for ever. However, the right to remain on
the register may be lost if the trade mark is not used or is misused. The owner of a
trade mark may assign it or allow others to use it. If anyone uses a registered trade
mark without the owner's permission, or uses a mark that is likely to be confused
with a registered trade mark, the owner can sue for an *injunction and *damages
or an *account of profits. Unregistered marks are protected by *passing off. Since
1 April 1996 *Community Trade Marks can now be obtained. These are cheaper than trade marks obtained by registration in several individual EU states. Trade marks
are an example of
Register of Trade Marks but is identified with particular goods through established
use. The trade mark's owner may bring an action for *passing off in the case of
infringement.
trade secret Some process or product belonging to a business, disclosure of which
would harm the business's interests. The courts will generally grant injunctions to
prohibit any threatened disclosure of trade secrets by employees, former employees,
and others to whom the secrets have been disclosed in confidence. There is a
relationship of trust and confidence between employer and employee that may be
destroyed if the employee discloses a trade secret, providing a reason for dismissal;
such a dismissal may be fair if the procedure adopted complies with the necessary
requirements. See RESTRAINT OF TRADE; UNFAIR DISMISSAL.
trade union An organization whose members are wholly or mainly workers and
whose principal purposes include the regulation of relations between workers and
employers or employers' associations. Unions' affairs are regulated by the Trade
Union and Labour Relations (Consolidation) Act 1992. This provides that: secret
ballots must be held for election of unions' executive committees and before any
industrial action backed by the union (see STRIKE); union funds cannot be used to
indemnify individuals for fines imposed by a court for a criminal offence or
contempt of court; and unions' accounting records must be open to inspection by
their members, who can challenge any unlawful use of the funds through the
courts. There is a right for trade union members not to be unjustifiably disciplined
by their union (for example for failing to take industrial action). A member can
apply to an *employment tribunal for a declaration that he has been unjustifiably
disciplined. The employment tribunal can award compensation if the claim is
upheld. Trade-union members seeking to enforce their union membership rights
can obtain advice and financial and legal assistance from the *Certification Officer,
as the successor of the now abolished position of Commissioner for the Rights of
Trade Union Members.
trade union official An officer of a trade union (or of a branch or section of it)
or a person elected or appointed in accordance with the union's rules to represent a
group of its members. An employee who is a trade-union official is entitled to tune
off work, paid at his normal rate, for certain purposes. These must be official union
duties concerning industrial relations between his employer and any associated
employer and their employees or training approved by the Trades Union Congress
and relevant to his union duties.
trading stamps Stamps bought from a trading-stamp company by a retailer and
given to his customers when they purchase goods. The customer obtains stamps in
proportion to the goods purchased, and when he has collected enough stamps he can
exchange them for goods from the trading-stamp company. The issue of trading
stamps is regulated by the Trading Stamp Act 1964. Each stamp must be clearly
marked with a monetary value and the name of the issuing company. The retailer
aims to cover the cost of the stamps by profits from the increased custom he hopes
they will attract.
traffic offences See OFFENCES RELATING TO ROAD TRAFFIC.
transfer n. (in land law) A deed by which ownership of registered land is conveyed.
See also CONVEYANCING.
transfer of action See REMOVAL OF ACTION.
transfer of risk The passing from the seller of property to the buyer of the
incidence of the loss if the property is damaged or destroyed. The Sale of Goods Act
1979 provides that, unless it is otherwise agreed, goods remain at the seller's risk
until ownership passes to the buyer. After that they are at the buyer's risk, whether
or not delivery has been made.
transfer of shares A transaction resulting in a change of share ownership. It
usually involves (1) a contract to sell the shares; (2) their transfer by delivery of a
*share warrant or execution of a *share transfer; and (3)entry of the transferee's
name on the register of members of the company. Shares in private companies and
partly paid shares may be subject to restrictions on transfer. See alsoTRANSMISSION OF
SHARES.
transfer of undertakings See RELEVANT TRANSFER.
transferred malice See MALICE.
transformation n. (in international law) See DOCTRINE OF INCORPORATION.
transmission of shares A transfer of shares that occurs automatically, by
operation of law, upon bankruptcy (from the bankrupt to his trustee in bankruptcy)
or upon death (to the personal representatives of the deceased). The transferees do
not become company members until the company enters their names upon the
register of members; in the meantime they are unable to attend or vote at company
meetings. See also TRANSFER OF SHARES.
transnational corporation An enterprise consisting of commercial entities in
more than one state that are linked by ownership or otherwise. Transnational
corporations operate in such a way that they exercise a uniform, cohesive, and
common policy in order to further their economic interests. This policy can allow
them to wield significant influence over the activities of those states in which they
carry out their commercial activities, i.e. by exerting pressure over the direction of
domestic policy of the host states.
transparency n. An essential condition for those operating in a market, which
ensures that the rules to which they are subject are made obvious. Generally, it
ensures that the reasons behind measures and the applicable regulations are clear to
all, so that all are treated fairly.
transsexual n. A person who firmly believes he or she belongs to the sex opposite
to his or her gender at birth; transsexuals may undergo surgery and drug treatment
to alter the external appearance of their bodies to conform with their view of
themselves (see SEX CHANGE). Under English law, for the purposes of marriage
transsexuals are regarded as belonging to the sex determined at their birth and
registered on their birth certificates. For the purposes of employment, however, the
law now recognizes the validity of sex changes in transsexuals (see GENDER
REASSIGNMENT).
travaux preparatoires [French] Preparatory works that form a background to
the enactment of legislation; for example, recommendations of Royal Commissions
and consultative documents published by the government. They may not be used by
the courts as an aid to interpreting the legislation. See INTERPRETATION OF STATUTES.
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