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GLOSSARY
A term usually used when referring to traded options. If current market prices make it beneficial to exercise an option, the option has value and is therefore ‘in the money’. With call options it is where the exercise price is below the current price of the underlying security. With put options it is the reverse.
GLOSSARY
Any medical device which is a reagent, reagent product, calibrator, control material, kit, instrument, apparatus, piece of equipment, software or system, whether used alone or in combination, intended by the manufacturer to be used in-vitro for the examination of specimens derived from the human body.
PRECEDENTS
1 [Each Party OR Party A] recognises that any breach or threatened
NEWS
Local Government analysis: This case concerns an appeal over a statutory review as to the suitability of temporary accommodation provided to a disabled man and his family under the homeless duty (under s193(2) of the Housing Act 1996). The court robustly found the review to have been flawed, on multiple grounds. The judgment provides a concise summary of some of the key concepts involved in assessing suitability when a local authority meets the homeless duty, especially where disability (and therefore the Equality Act 2010) may apply, and also provides further analysis on how the passage of time within the accommodation may alter the question of what is suitable. Here the decision had failed to address this point and had also faltered elsewhere in failing to respond to other grounds, lacking reasons for the decision made, and falling short of the duties required under the Equality Act 2010. Written by Kevin Long, solicitor at Hackney Community Law Centre.
NEWS
EU Law analysis: The Grand Chamber of the Court of Justice held that EU law did not preclude a Member State from considering an application for international protection to be inadmissible, where an applicant had already been granted refugee status by another Member State, even though the applicant was the only parent physically present of an unaccompanied minor who had been granted subsidiary protection. The court declined to extend the reach of previous case-law, holding that the only exceptional circumstance where the principle of mutual trust is capable of being rebutted is where a non-derogable fundamental right is involved, notwithstanding the court finding that the unity of the applicant’s family could not otherwise be maintained.
GLOSSARY
In legal practice, ‘inadmissible’ describes material or arguments a court or tribunal will not consider. Most commonly it means evidence excluded because it is irrelevant, unfairly obtained, unduly prejudicial, privileged, or barred by hearsay or bad character rules. The term is used consistently across England & Wales, Scotland, Northern Ireland and Ireland, with criteria set by statute and case law. In England & Wales and Northern Ireland, judges may exclude unfair evidence under PACE 1984 s.78 and the Police and Criminal Evidence (NI) Order 1989; hearsay and bad character are governed by the Criminal Justice Act 2003 (E&W) and the Criminal Justice (Evidence) (NI) Order 2004. Scotland applies a common‑law fairness test to unlawfully or unfairly obtained evidence. In Ireland, admissibility is largely judge‑made, including the exclusionary rule for unconstitutionally obtained evidence, supplemented by legislation such as the Criminal Evidence Act 1992. Practically, parties should object promptly, seek a ruling, and preserve the point for appeal. Outside evidence, ‘inadmissible’ can describe asylum or immigration claims not examined on the merits, or appeals and applications rejected as out of time, procedurally defective, or an abuse of process.
PRACTICE NOTES
Introduction The UK has not been an EU Member State since exit day (31 January 2020). However, in accordance with the Withdrawal Agreement, the UK entered an implementation period, during which it continued to be subject to EU law. The implementation period has now ended and the Insolvency (Amendment) (EU Exit) Regulations 2019 (Brexit SI 2019/146), SI 2019/146 amended the Recast Regulation on Insolvency from 11 pm on 31 December 2020 to remove the main operative parts on automatic recognition. The underlying rationale for Brexit SI 2019/146 was that departure from the EU should not restrict access to the UK courts (ie certain jurisdictional provisions are retained), but that the unilateral retention by the UK of the vast bulk of the remainder of the EU Recast Regulation on Insolvency would not have been appropriate as it is founded on reciprocity (so its prospective incorporation into UK law by section 3 of the European Union (Withdrawal) Act 2018 is reversed). Brexit SI 2019/146 survived the automatic sun-setting provisions of the Retained
GLOSSARY
In legal practice, a person is described as “incapacitated” where they are unable to understand, retain, weigh or communicate information or decisions relevant to a particular matter, so that they cannot make that decision for themselves. It commonly arises in mental capacity, adult safeguarding, wills and probate, powers of attorney, guardianship and medical consent.Across the UK and Ireland, the concept is similar but defined by different statutes and tests. In England and Wales, the Mental Capacity Act 2005 sets out a decision-specific, time-specific test for lack of capacity. Scotland uses “incapacity” under the Adults with Incapacity (Scotland) Act 2000, focussing on an adult’s inability to act, make, communicate, understand or remember decisions. Northern Ireland applies the Mental Capacity Act (Northern Ireland) 2016, adopting a comparable functional test. In Ireland, the Assisted Decision-Making (Capacity) Act 2015 provides a statutory, functional test for decision-making capacity.A finding that a person is incapacitated (or lacks capacity) can affect the validity of transactions, wills and consents, and trigger substitute or supported decision-making regimes, court jurisdiction, and safeguarding duties.
GLOSSARY
In legal practice, incapacitation describes a person’s inability to make decisions or perform legal acts because they lack the mental or physical capacity required at the relevant time. It is a functional concept, focussing on whether the person can understand, retain, use or weigh information and communicate a decision. Across the UK and Ireland, the term underpins areas such as capacity to contract, make a will, litigate, consent to medical treatment, or grant a power of attorney. It is closely linked to statutory “lack of capacity” tests and common law rules on mental capacity and undue influence. In England and Wales, the Mental Capacity Act 2005 provides the primary statutory framework. Scotland uses the Adults with Incapacity (Scotland) Act 2000, while Northern Ireland relies on the Mental Capacity Act (Northern Ireland) 2016. Ireland is governed by the Assisted Decision-Making (Capacity) Act 2015. Although terminology and statutory tests differ slightly, all jurisdictions apply decision-specific, time-specific assessments and prioritise the person’s autonomy, using the least restrictive alternative. Incapacitation has significant consequences for the validity of transactions, appointment of deputies, attorneys or guardians, and the court’s jurisdiction to make welfare and property decisions.
GLOSSARY
A physical or mental condition that prevents a member from continuing to work owing to his ill-health or disability. It is usually defined in the scheme rules and can vary greatly from scheme to scheme.
GLOSSARY
Incarceration refers in practice to the detention of an individual in prison or another place of lawful custody following arrest, conviction or sentence. It describes the state of being deprived of liberty under the authority of criminal law, immigration law or, more rarely, civil powers (for example, committal for contempt of court). Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent and usually governed by specific statutory frameworks (such as prison, criminal justice and immigration legislation), rather than by a single statutory definition of “incarceration” itself. In criminal practice, incarceration most commonly arises as a custodial sentence, including life imprisonment, extended sentences and detention in a young offender institution. It is central to sentencing decisions, parole and early release, remand in custody, and challenges by way of judicial review, habeas corpus or human rights claims (particularly under Article 5 ECHR and equivalent constitutional provisions in Ireland). The legality of incarceration depends on compliance with due process, valid court orders, statutory powers and prison rules. Unlawful incarceration may give rise to claims for false imprisonment, damages and declaratory or injunctive relief.
GLOSSARY
In legal practice, an incentive is any financial or non‑financial benefit offered to encourage a person or entity to take, refrain from, or accelerate an action (for example, to enter a contract, meet performance targets, remain in employment, or take a lease). It is a descriptive expression used across multiple contexts; there is no single legal definition, although some statutory schemes incorporate the term (for example, UK Enterprise Management Incentives (EMI) and Share Incentive Plans (SIP)).Common forms include signing or retention bonuses, commission, earn‑outs, option or share awards, lease incentives (rent‑free periods, capital or fit‑out contributions), and public grants. Key legal issues are enforceability (clear terms, conditions precedent, milestones, clawback), tax and social security (income tax, National Insurance/PRSI), VAT and stamp duty, accounting treatment, and disclosure or shareholder approval for director remuneration.Compliance constraints may apply: bribery and corruption laws (UK Bribery Act 2010; Ireland’s Criminal Justice (Corruption Offences) Act 2018), unlawful inducements in employment and trade union law (including s.145B TULRCA 1992 and Northern Ireland equivalents), discrimination and equal pay, public procurement rules, and subsidy control (UK Subsidy Control Act 2022) versus EU State aid in Ireland.Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though approved share plan regimes and tax treatment differ (e.g., UK EMI/SIP; Ireland APSS/KEEP).