vacant possession The exclusive use of land, to which a purchaser is entitled on
completion of the transaction unless he has contracted to buy subject to another's
right of occupation.
vacations pl. n. The periods between the end of any of the *sittings of the
Supreme Court and the beginning of the next sitting, i.e. the *Long Vacation,
Christmas Vacation, Easter Vacation, and Whitsun Vacation.
vaccine damage payment A tax-free lump-sum payment made, under the
Vaccine Damage Payments Act 1979, in compensation for severe disablement caused
by a vaccine administered under the British government's vaccination programme.
vagrant n. A person classified under the Vagrancy Act 1824 as an "idle and
disorderly person", a "rogue and vagabond", or an "incorrigible rogue". The first of
these groups includes pedlars who trade without a licence, prostitutes who behave
indecently in a public place, and those who beg in a public place. Rogues and
vagabonds include those with a second conviction for being idle and disorderly,
those who collect charity under false pretences, and tramps who do not make use of
available places of shelter. Incorrigible rogues include those with a second conviction
for being rogues and vagabonds. Vagrants are usually liable to imprisonment for
between one month and one year, depending on which class they fall under,
although beggars and tramps sleeping rough are liable only to fines. The Act also
provides for various powers to search them or their property.
valuable consideration See CONSIDERATION.
value n. Valuable *consideration.
value-added tax (VAT) A tax payable on a wide range of supplies of goods and
services by way of business. As well as straightforward sales, taxable supplies
include hirings, rentals, the granting of rights, and the distribution of promotional
gifts. VATis also payable on imports. The amount of tax payable is a percentage of
the value of the supply (at present 17.5% except for domestic fuel, which is charged
at 8%)and the liability for the tax arises at the time of the supply (see TAX POINT).
Any person, firm, or organization that makes regular taxable supplies above a
certain annual value (£54,000 since 1 April 2001)must register with the Customs and
Excise, who administer the tax. A registered person (known as a taxable person)
must collect from his customers the tax due on the supplies that he makes. This is
known as his output tax. He pays the tax to the Customs and Excise on a periodic
basis (usually quarterly), but in doing so he may reclaim any VAT that he has
himself paid in the course of his business (his input tax). The entire tax is therefore
borne by the ultimate consumer. VAT came into force on 1 April 1973, replacing
purchase tax and selective employment tax. See also EXEMPT SUPPLY; ZERO-RATED SUPPLY.
valued policy An insurance policy that specifies the value of the property insured
as agreed between the parties. A policy is not valued merely because it specifies an
amount as the sum insured, for that is no more than an estimate of value by the
person insured. The essence of a valued policy is that it is based on an agreed valuation, which is conclusive; the insured will recover its full amount even if this
exceeds the actual value of the property at the time of loss.
value received Words that may appear on a *bill of exchange indicating either
that value has been received by the drawer from the payee or by the acceptor from
the drawer. Such words are not necessary; every party whose signature appears on a
bill is presumed, unless the contrary is proved, to have become a party for value.
vandalism n. Defacing or damaging property. There is no offence of vandalism as
such, but it will usually constitute an offence of *criminal damage.
variance n. A discrepancy between a statement in the statements of case or
between a statement in these documents and the evidence adduced in support of it
at trial. In modern practice, it can be rectified by *amendment.
variation of trust A trustee is normally obliged to carry out a trust according to
its precise terms; if he fails to do so, he is liable to be sued by his beneficiaries.
There are, however, circumstances (both under the court's own jurisdiction and by
statute) in which a trust may be varied, and a wide discretion is given to the court,
under the Variation of Trusts Act 1958,to vary a trust, provided (usually) that the
variation is for the benefit of those on whose behalf the court is acting.
VAT See VALUE-ADDED TAX.
VC See VICE CHANCELLOR.
VCT See VENTURE CAPITAL TRUST.
VDU See VISUAL DISPLAY UNIT.
vehicle n. See MOTOR VEHICLE.
vehicle construction and maintenance There are detailed rules governing the
manufacture and subsequent maintenance of motor vehicles, failure to comply with
which may constitute a criminal offence. The main rules deal with such matters as
the brakes and steering system, mirrors, windscreen wipers and washers, petrol
tanks, door hinges and latches, silencers, pollution prevention, indicators,
speedometers, lights, and tyres. There are also regulations governing the use of a
motor vehicle. Breach of the regulations relating to brakes, steering system, or tyres
or breach of any of the regulations relating to construction. maintenance, or use in
a manner that causes or is likely to cause danger is an offence punishable by
*endorsement (and carrying 3 penalty points under the
vehicle interference See INTERFERING WITH VEHICLES.
vendor n. A seller, particularly one who sells land.
vendor and purchaser summons A procedure enabling parties to a contract for the sale of land, who disagree on a matter that prevents completion of the
contract, to apply to a judge in chambers for a ruling. It is often employed to
resolve questions of interpretation of terms of the contract.
venereal disease Any infectious disease transmitted through sexual contact
(such as HIV infection, syphilis, or gonorrhoea). If a spouse at the time of marriage
was, unknown to his (or her) partner, suffering from a venereal disease this
constitutes a ground for annulment of the marriage. Evidence of a venereal disease
contracted since the marriage, when neither partner was previously suffering from
it, may be prima facie evidence of adultery.
venire de novo [Latin: to come anew] An order made by the Court of Appeal
(Criminal Division) annulling a trial on indictment and ordering a *new trial on the
ground of some fundamental flaw in the proceedings (e.g.failure to obtain a
necessary consent to the institution of proceedings). Originally, it was a writ (venire
facias de novo juratores) addressed to the sheriff, ordering him to cause new
jurors to try the case afresh.
venture capital trust (VeT) An *investment company listed on the London Stock
Exchange that specializes in investing in companies of the same kind as those that
can qualify under the *Enterprise Investment Scheme. This enables individuals to
spread the risk over a number of qualifying companies. The investor buys shares in
the VCT, and fund managers invest the money raised in trading companies; the
profits are paid out as dividends. The investor is entitled to relief from income tax
and capital gains tax.
verbals pl. n. Any remarks that an accused person has made in the presence of the
police. These are written down by the police and may be read out as evidence at the
trial. See also CAUTION.
verdict n. 1. A *jury's finding on the matters referred to it in a criminal or civil
trial. The jury is asked to give its decision to the court separately for each of the
questions it was asked to consider (for example, when there are several charges on
the *indictment). The reply is usually given by the foreman. A jury reaches its
verdict in secret and no subsequent inquiry can be made as to how it was reached.
The jury must try to reach a unanimous verdict but a *majority verdict is accepted
in certain circumstances. If the jury cannot agree a verdict at all they are discharged
and there is a new trial. Verdicts are either *general or *special. The usual form of
verdict is general (such as a finding of *guilty or *not guilty)', special verdicts are
exceptional. A jury may decide that the accused is not guilty of the offence charged
but guilty of some lesser offence (see ALTERNATIVE VERDICT). See also PERVERSE
VERDICT. 2. The finding of a coroner's inquest. See INQUISITION.
vertical agreements Agreements between businesses at different levels of trade'
for example, agreements between suppliers and distributors or between wholesaler;"
and retailers (compare HORIZONTAL AGREEMENTS). Both EU regulation 2790/99and the
UK Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000
exempt certain vertical agreements from the competition rules. The EU exemption
applies provided that clauses from a list of banned clauses are not included in the
agreement concerned and a 30%market share threshold is not exceeded. Many
vertical agreements benefit from "block exemption protection.
vest vb. 1. To confer legal ownership of land on someone. 2. To confer legal rights
on someone.
vested in interest Indicating a present right to a future interest in property. For example, if property is left by will "to A for life, remainder to A's first son", A being
childless at the testator's death, A's first son's right to the property is vested in
interest as soon as he is born and his interest is a vested remainder. Compare VESTED
IN POSSESSION.
vested in possession Indicating an immediate right to the enjoyment of an
interest in property. Compare VESTED IN INTEREST.
vested remainder See VESTED IN INTEREST.
vested rights Rights that have accrued to a person, as opposed to rights that he
mayor may not acquire. There is a presumption that Acts of Parliament are not
intended to interfere with vested rights, particularly without payment of
compensation. See INTERPRETATION OF STATUTES.
vesting assent A document that transfers ownership of *settled land from
personal representatives of a deceased tenant for life or statutory owner to the
beneficiary entitled to it under the settlement. The assent must be signed by the
personal representatives but need not be executed as a deed and it should contain
the same information required to be included in a vesting deed by the Settled Land
Act 1925.
vesting declaration A statement in a deed appointing new trustees that the
trust property is to vest in them, i.e. be in their possession.
vesting deed See SETTLED LAND.
vesting order An order of the High Court creating or transferring a legal estate
in land. Such an order may be made, for example, when an equitable mortgagee
exercises his power of sale: the court may make an order vesting the land in the
purchaser.
veto n. 1. (in international law) The power given to any permanent member of the
Security Council of the *United Nations to refuse to agree to any nonprocedural
proposal (there is no such power in relation to procedural matters) and thereby
defeat it. An abstention is not equivalent to a veto. The President of the Security
Council has power to determine which questions are nonprocedural. The General
Assembly of the UN passed a *Uniting for Peace Resolution in 1950,providing for
the Assembly to take over some of the functions of the Security Council when the
Council's work has been paralysed by use of the veto. This resolution, however, was
only a political gesture and failed to overcome the veto power. 2. (in EU law) a. The
power of a member state in the *Council of the European Union to block legislation
when a unanimous decision in favour of a measure is required. Although much EU
legislation only requires a qualified majority decision of the Council, unanimity
votes are required in such areas as taxation, budgets, foreign policy, and the
admission of new member states. b. The power of the *European Parliament to
reject legislation proposed by the Commission by means of the *codecision
procedure.
vexatious action An action brought for the purpose of annoying the opponent
and with no reasonable prospect of success. A vexatious litigant is a person who
regularly brings such actions. The actions may be struck out and the court may
order, on an application made by the Attorney General, that no legal proceedings
may be begun or continued by the vexatious litigant without the leave of the court.
vicarious liability (vicarious responsibility) Legal liability imposed on one
person for torts or crimes committed by another (usually an employee but sometimes an *independent contractor or agent), although the person made
vicariously liable is not personally at fault. An employer is vicariously liable for
torts committed by his employees when he has authorized or ratified them or when
the tort was committed in the course of the employees' work. Thus negligent
driving by someone employed as a driver is a tort committed in the course of his
employment, but if the driver were to assault a passing pedestrian for motives of
private revenge, the assault would not be connected with his job and his employer
would not be liable. The purpose of the doctrine of vicarious liability is to ensure
that an employer pays the costs of damage caused by his business operations. His
vicarious liability, however, is in addition to the liability of the employee, who
remains personally liable for his own torts. The person injured by the tort may sue
either or both of them, but will generally prefer to sue the employer.
Vicarious criminal liability may effectively be imposed by statute on an employer
for certain offences committed by an employee in relation to his employment. Thus
it has been held that an employer is guilty of selling unfit food under the Food Act
1984 when his employee does the physical act of selling (the employee is also guilty,
though in practice is rarely prosecuted). Likewise, an employer may be guilty of
supplying goods under a false trade description when it is his employee who
actually delivers them. For an offence that normally requires mens rea,an employer
will only be vicariously liable if the offence relates to licensing laws. For example, if
a licensee has delegated the entire management of his licensed premises to another
j:letson, and that j:letson has committed the offence with the nec~ssatymens YeQ, th~
licensee will be vicariously liable.
Vicarious liability for crimes may be imposed in certain other circumstances. The
registered owner of a vehicle, for example, is expressly made liable by statute for
fixed-penalty and excess parking charges, even if the fault for the offence was not
his. If the offence is a regulatory offence of *strict liability, the courts often also
impose vicarious liability if the offence is defined in the statute in a way that makes
this possible.
vicarious performance See PERFORMANCE OF CONTRACT.
vicarious responsibility See VICARIOUS LIABILITY.
Vice Chancellor (Ve) 1. A judge who is vice president of the *Chancery Division
of the High Court (the *Lord Chancellor is the president but in practice rarely, if
ever, sits in the Division). The Vice Chancellor is by statute responsible to the Lord
Chancellor for the organization and management of the business of the Division and
is ex officio a member of the *Court of Appeal. 2. Formerly, a judge of the
*palatine courts. The title is still held by the judge assigned to exercise Chancery
jurisdiction in Lancashire.
victim n. (in human rights law) A person who is actually and directly affected by
an act or omission that is incompatible with the European Convention on Human
Rights, or a person who is at risk of being directly affected. Only victims have a
right to take proceedings. See HUMAN RIGHTS ACT.
video evidence Evidence from witnesses provided on video, either through live
video link or prerecorded. For civil cases, a Video-conferencing Protocol issued by the
Bar Council sets out the requirements for the use of video-conferencing equipment
in the High Court. Oral evidence of an overseas witness, for example, may be
recorded on video tape or provided through a live link, although its acceptance is at
the discretion of the court. For example, if cross-examination is needed, a video
recording would not suffice, whereas a live link might. The Video Recordings Act 1993 and the Criminal Justice Act 1988 (as amended by the Criminal Justice Act 1991)
set out the law on the use of videos in evidence. There are special rules for children
giving video evidence. A child of under 14 may give evidence by video link in cases
involving sex offences or assault against children, but the judge has a discretion to
determine whether a child may be too young to give good evidence. When
prerecorded child statements are used in evidence, the interview from which the
recording is made must last no longer than one hour and no leading questions may
be asked. However, evidence in the form of a video recording cannot be subject to
cross-examination and does not carry the weight of live testimony.
video recordings (in evidence) See VIDEO EVIDENCE.
vi et armis [Latin: by force and arms] The allegation in medieval pleading that a
trespass had been committed with force and therefore was a matter for the King's
Courts because it involved a breach of the peace. The term survived as a formal
requirement of pleading until 1852.See TRESPASS.
view n. (in court proceedings) The inspection by a judge, or judge and jury, of any
place or thing with respect to which any question arises in the course of litigation,
including if necessary places or things outside the jurisdiction of the court. A view
is part of the evidence in the case and the judge should not hold a private view of a
public place in the absence of the parties. The judge has discretion to decide
whether or not to hold a view; he may decide to do so even if the parties are
opposed.
vinculo matrimonii SeeA VINCULO MATRIMONIL
vindictive damages See EXEMPLARY DAMAGES.
violence for securing entry See FORCIBLE ENTRY.
violent disorder An offence committed when three or more persons, present
together, use or threaten unlawful violence. The collective conduct must be such as
would have caused a reasonable person to fear for his safety, though no-one else
need be present. "Violence" includes violent conduct towards property as well as
persons and extends to conduct causing or intended to cause injury or damage. It
therefore includes throwing a missile at someone though it does not hit him or falls
short. The offence 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
unlawful assembly and is punishable with up to five years' imprisonment and/or a
fine. Violent disorder differs from *riot in the smaller minimum number of
participants, the absence of need to prove community of purpose, and a lesser
maximum punishment. However, both are *arrestable offences. As with *affray, a
person is only guilty if he intended to use or threaten violence or was aware that his
conduct might be violent or threaten violence. For this purpose, an intoxicated
person is taken to be aware of what a sober person would have been aware. If the
police fear that a violent event may take place they may now exercise stop-andsearch
powers (see POWER OF SEARCH).
It is also an offence, punishable with six months' imprisonment and/or a fine, to
do any of the following, without legal authority, in order to compel a person to do
(or not to do) something he has a right to do (or not to do): use violence towards or
intimidate that person, his wife, or children or injure his property; persistently
follow him; hide his property or hinder his use of it; watch or beset him or his place
of residence, work, or business; or follow him with two or more others in a
disorderly manner in a street or road. This offence is aimed mainly at disorderly *picketing. However, it is lawful to watch or beset a place (other than a residence)
for the sole purpose of peacefully obtaining or communicating information or
peacefully persuading any person to work or not to work.
visiting forces Commonwealth forces stationed in the UKand any other forces
from abroad designated by Order in Council, including their civilian components.
The Visiting Forces Act 1952 empowers the service courts of such forces to exercise
jurisdiction over their members according to their national law (but not to carry
out the death penalty). It exempts their members from trial by UK criminal courts
in the case of offences committed on duty, against other members, or against the
property of the force or other members. The Income and Corporation Taxes Act
1988confers certain exemptions from UKtaxation on members of visiting forces.
visitor ri. 1. A person appointed to visit and inspect an institution and, in
particular, to inquire into internal irregularities. Many universities have a visitor
(frequently the Crown), and judges are visitors of the Inns of Court. Boards of
Visitors, appointed for prisons by the Home Secretary, act as disciplinary tribunals
for breaches of the Prison Rules. A Lord Chancellor's Visitor is appointed under the
Mental Health Act 1983 to visit patients and inquire into their ability to manage
their affairs. 2. A person who enters land or premises at the invitation or with the
permission of the occupier. See OCCUPIER'S LIABILITY.
visual display unit (VDU) A computer screen. The EU's visual display screen
directive on health and safety and the visual display units (computer screens)
directive 90/270 protects employees by setting out requirements for such matters as
risk assessments of computers used at work and by providing for free sight tests
and footstools for staff and regular breaks from VDUwork.
void adj. Having no legal effect.
voidable adj. Capable of being avoided (set aside).
voidable contract A contract that, though valid when made, is liable to be
subsequently set aside (compare VOID CONTRACT). Voidable contracts may arise through
*misrepresentation, some instances of *mistake, *nondisclosure, and duress (see
ECONOMIC DURESS; UNDUE INFLUENCE). Certain proprietary contracts entered into by
minors are also voidable (see CAPACITY TO CONTRACT). The setting aside of a voidable
contract is effected by *rescission.
voidable marriage See NULLITY OF MARRIAGE.
voidable trust A trust that can be set aside, e.g. a trust created by an *infant. It
may be repudiated by the infant on his attaining majority (18) or shortly thereafter;
if the trust is not repudiated, it becomes valid and binding. A trust may also be set
aside if it is made as a result of fraud, duress, or undue influence.
void contract A contract that has no legal force from the moment of its making
(compare VOIDABLE CONTRACT). Void contracts occur when there is lack of *capacity to
contract and by the operation in some instances of the doctrine of *mistake. An
*illegal contract is void. In addition, certain contracts (e.g.*gaming and wagering
contracts) are declared void but not illegal by statute, and certain contracts that are
at common law contrary to *public policy are merely void but not illegal. Under UK
and EU *competition law on restrictive trade practices, clauses infringing those laws
are void but usually the rest of the contract continues. Contracts that are void or, in
certain cases, illegal may be saved by *severance.
void marriage See NULLITY OF MARRIAGE.
void trust (unlawful trust) A trust that it is against the policy of the law to
enforce. Such trusts include those that offend the *rule against perpetuities or the
*rule against inalienability or that are contrary to public policy. If a trust is void,
the property in the trust will normally be held on *resulting trust for the settlor or
his estate.
voir dire (voire dire) [Norman French: to speak the truth] 1. The preliminary
examination by a judge of a witness to determine his competence or of a juror to
determine his qualification for jury service. 2. An inquiry conducted by the judge in
the absence of the jury into the admissibility of an item of evidence (e.g. a
*confession). It is sometimes called a trial within a trial. 3. Formerly, a special oath
taken by witnesses called to testify on the voir dire.
volenti non fit injuria [Latin: no wrong is done to one who consents] The defence
that the claimant consented to the injury or (more usually) to the risk of being
injured. Knowledge of the risk of injury is not sufficient; there must also be (even if
only by implication) full and free consent to bear the risk. A claimant who has
assumed the risk of injury has no action if the injury occurs. The scope of the
defence is limited by statute in cases involving business liability and public and
private transport.
voluntaryadj. Without valuable *consideration.
voluntary accommodation Accommodation provided by a local authority for
children whose parents are temporarily unable to look after them or for children
who have been abandoned. (It is important to distinguish between a child who is
being accommodated by a local authority and a child who is the subject of a *care
order.) The purpose of a local authority in supplying accommodation is to support
*children in need and their families; it is not a means for the local authority to gain
control of the child against the parents' wishes. The local authority does not acquire
*parental responsibility for a child who is accommodated; parents with parental
responsibility must consent to their child being accommodated and may remove the
child without notice and without the consent of the local authority (before 1989it
was necessary to give 28 days' notice before removing the child from voluntary
care). If a child is the subject of a care order the local authority acquires parental
responsibility for that child and may act against the parents' wishes.
voluntary arrangement 1. An agreement between a debtor and his creditors
concerning the payment of his debts under the provisions of the Insolvency Act
1986.It takes the form of either a *scheme of arrangement or a *composition. It can
be made either before bankruptcy proceedings are initiated or between an
*undischarged bankrupt and his creditors. The court makes an order, called an
interim order, to protect the debtor from bankruptcy and other court proceedings
while an agreement is worked out. The debtor presents his proposals to a creditors'
meeting to which all his creditors must be invited. If the meeting agrees with the
debtor's proposals, the approved voluntary arrangement becomes binding on all
the debtor's creditors, whether or not they attended the meeting. The approved
voluntary arrangement does not have to be registered as a *deed of arrangement.
The meeting's decision is reported to the court, which may discharge the interim
order if no agreement has been reached. An *insolvency practitioner (the
supervisor) is appointed to supervise the carrying out of an approved voluntary
arrangement. He may petition for a *bankruptcy order if the debtor fails to comply
with the terms of the arrangement. 2. A similar agreement between a company in
financial difficulties and its creditors. Under the Insolvency Act 1986 it must be priority of *preferential debts, the consent of the preferential creditors is required.
If the arrangement is approved it becomes binding from the date of the creditors'
meeting; there is no interim order. It is supervised by a nominee, who must be a
qualified *insoIvency practitioner. An *administration order may be granted to
assist the conclusion of a voluntary arrangement.
voluntary bill procedure A procedure enabling the prosecution to apply to a
judge of the High Court to obtain consent for preferring a *bill of indictment
against a defendant. This procedure is usually used when a magistrates' court has
held committal proceedings but has refused to commit the defendant for trial on
indictment.
voluntary confession See CONFESSION.
voluntary conveyance See VOLUNTARY DISPOSITION.
voluntary disposition A conveyance or other transfer of ownership of land,
made otherwise than for valuable *consideration. Under the Law of Property Act
1925, a voluntary disposition made with intent to defraud a purchaser can be set
aside at the instigation of the purchaser.
voluntary liquidation See VOLUNTARY WINDING-UP.
voluntary settlement A *settlement made without valuable *consideration. For
any voluntary settlement to be enforced, a trust must be executed, i.e. completed;
hence the maxim "equity will not assist a volunteer".
voluntary waste A kind of *waste that occurs when a tenant takes positive
action that damages the land he leases.
voluntary winding-up (voluntary liquidation) A *winding-up procedure
initiated by a special or extraordinary resolution of the company. In a members'
voluntary winding-up, the directors must make a statutory declaration of
solvencywithin the five weeks preceding the resolution. This declaration states
that the directors have investigated the affairs of the company and are of the
opinion that the company will be able to pay its debts in full within a specified
period, not exceeding 12 months from the date of the resolution. The liquidator is
appointed by the company members. A creditors' voluntary winding-up arises
when no declaration of solvency has been made or when the liquidator in a
members' voluntary winding-up disagrees with the forecast made by the directors.
In these circumstances the company must hold a meeting of its creditors and lay
before it a statement of affairs disclosing its assets and liabilities. A *liquidator
may be nominated by the company and by the creditors; the creditors' nominee is
preferred unless the court orders otherwise. If the company nominee acts as
liquidator prior to the creditors' meeting he can only exercise his powers with the
consent of the court. The creditors can also appoint a *liquidation committee.
In both types of voluntary winding-up the powers of the directors are restricted
after the resolution for voluntary winding-up has been passed and they cease when
a liquidator has been appointed.
volunteer n. A person who, in relation to any transaction, has not given valuable
*consideration.
voting n. 1. (in a registered company) The process of casting a vote on a motion
proposed at a company meeting. Initially the vote is taken upon a show of hands, i.e,
each company member present in person has one vote. If the result is disputed, it is
usually possible for the chairman or members (present in person or by *proxy) to
demand a poll, in which votes are cast (in person or by proxy) in accordance with
the r.umber and class of *shares held. Particulars of these voting rights are usually
state" in the memorandum or articles of association. The chairman usually has a
casting vote in the event of an equality of votes. Members may agree among
themselves how they will cast their votes in relation to particular types of
resolution (voting agreement). 2. (in a parliamentary or local-government election)
See ELECTION.
voyage charter See CHARTERPARTY.
voyage policy See TIME POLICY.
No comments:
Post a Comment