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GLOSSARY
A tangible aspect of property in land.
GLOSSARY
Corpus juris describes the complete body of law of a jurisdiction or legal field-the sum of statutes, case law, subordinate legislation and recognised legal principles that make up a legal system. It is not defined in UK or Irish legislation; rather, it is a descriptive Latin term used in legal scholarship, judgments and comparative law.Practitioners may encounter it to denote:- the whole “body of law” of England and Wales, Scotland, Northern Ireland or Ireland;- the entirety of a subject area (for example, the corpus juris of company law);- historical collections such as the Corpus Juris Civilis (Roman law) or the Corpus Juris Canonici (canon law).Usage and meaning are broadly consistent across the UK and Ireland. In Scotland, the term may arise more often in discussions of Roman-law influences within a mixed legal system. In EU-related commentary, “Corpus Juris” has referred to academic proposals for a unified EU criminal law framework; these were not binding law in the UK or Ireland, though they are occasionally cited in debates on harmonisation.Practically, the term signals arguments about systemic coherence, hierarchy and interpretation across the entire body of applicable law.
NEWS
Family analysis: Mr Justice Hayden gave consideration to the requirements, including timescales, on an application for permission to appeal made to the trial judge and after considering the relevant case law and procedural rules provided guidance on the correct approach, together with wording to be included in judgments to ensure certainty as to the date of hand-down for the purposes of the Family Procedure Rules 2010 (FPR 2010). Teertha Gupta, KC at 4PB, summarises the approach.
NEWS
Local Government analysis: Two separate local housing authorities each covered its own geographical area but shared offices and officers. Ms Fertre applied to one of the authorities for housing assistance under Part 7 of the Housing Act 1996. That authority decided that she was ineligible for assistance and that decision was upheld on review. On the last day of the 21-day period for appealing against the review decision Ms Fertre’s solicitors filed an appeal in the County Court but erroneously named the other authority as the respondent. After a solicitor working for both authorities pointed out the error Ms Fertre applied to amend her appellant’s notice to substitute the correct authority as respondent. The judge in the County Court granted the application to amend the appellant’s notice to substitute the correct respondent but granted permission to appeal. The judge’s decision was upheld on the authorities’ appeal to the High Court. Written by Ian Peacock, barrister at 4-5 Gray’s Inn Square.
NEWS
Family analysis: Why did the court set aside an order for a mother to return a child to the US? Clare Williams, an associate at JMW Solicitors, discusses the recent error made by the courts and how it was remedied in Re J (A Child).
GLOSSARY
The extent to which two assets' values rise and fall together.
GLOSSARY
An agreement with a far end communications provider, for that communications provider to receive and terminate international calls originating on the near end communications provider's facilities.
GLOSSARY
Relief from tax in tax years up to 5 April 2006 in respect of employer and/or employee contributions to an overseas pension scheme where HMRC approved that the scheme ‘corresponds’ to a UK pension scheme.
NEWS
The Council of the European Union has published an inter-institutional note regarding the corrigendum of 20 December 2023 to Commission Delegated Regulation amending Delegated Regulation (EU) 2015/2205 supplementing the European Market Infrastructure Regulation (EU EMIR) as regards the transition to the TONA and SOFR benchmarks referenced in certain OTC derivatives subject to the clearing obligation.
GLOSSARY
A corroborating witness is a witness whose evidence supports, confirms or strengthens the testimony of another witness or the overall case theory, making that evidence more reliable and persuasive. In practice, corroboration may come from eyewitness accounts, documents, expert evidence, CCTV or other independent sources.Across England & Wales, Scotland, Northern Ireland and Ireland, the term is descriptive rather than usually defined in statute. However, corroboration has particular historical significance in Scots law, where certain types of proof traditionally required evidence from at least two independent sources. Some sexual offence and vulnerable witness contexts across the jurisdictions also feature specific rules or guidance on when corroborative evidence is needed or desirable.In both criminal and civil proceedings, corroborating witnesses are important for assessing credibility, resolving conflicts of evidence and meeting evidential thresholds such as “beyond reasonable doubt” or “on the balance of probabilities”. Courts scrutinise whether corroborating witnesses are truly independent, consistent and free from collusion. While corroboration is not always legally required, the presence or absence of a corroborating witness can be critical in trial strategy, case assessment and appellate review.
NEWS
Restructuring & Insolvency analysis: The court allowed the appeal of Frasers Group Plc (Frasers) from ICC Judge Jones’ order refusing to grant it permission to amend its points of claim to add an allegation that certain parties committed a criminal offence under section 164 of the Insolvency Act 1986 (IA 1986) (corrupt inducement affecting appointment of liquidator). It was held that ICC Judge Jones was wrong in law to hold that it was not appropriate for that court to decide whether or not someone had committed a criminal offence; it is not uncommon for civil courts to deal with allegations of criminal conduct as a necessary element in a civil claim, applying the civil standard of proof. Further, Frasers had a real prospect of success of arguing that the meaning of ‘a person’ in IA 1986, s 164 means ‘any person’ and was not limited to insolvency practitioners and their overall case in the proposed amendment, including as to consideration and the mental element, was sufficiently arguable to be permitted. Written by Morwenna Macro, Commercial Insolvency barrister at Five Paper.
GLOSSARY
'Corruptly' means purposely doing an act which the law forbids as tending to corrupt.