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GLOSSARY
The rule that a gift of property must vest in its donee at or before the end of a finite period.
GLOSSARY
A rule under which the court can set aside decisions of trustees of family trusts on the basis that the trustee's decision-making process was flawed in a material respect.
NEWS
The rule in Henderson v Henderson, which potentially allows claims to be struck out as an abuse of process when they could and should have been raised in earlier proceedings, is not limited to matters occurring up to the date of lodgement of the earlier proceedings. It may be an abuse of process under the rule in Henderson v Henderson for a party to fail to amend to include all live issues between the parties occurring prior to the full merits determination of the earlier claim. This is because it is common ground that, following the judgment in Prakash v Wolverhampton CC, it is possible to amend a claim to include matters occurring after its presentation. EAT: London Borough of Haringey v O’Brien.
GLOSSARY
Rule of doubt describes the approach that uncertainty in legal interpretation should be resolved in favour of the person affected, rather than the state, drafter or stronger party. It is not usually a formally defined doctrine, but a descriptive label for several established interpretative principles across UK and Irish law. In criminal law in all four jurisdictions, it is reflected in the requirement that factual doubt is resolved in favour of the accused (the “beyond reasonable doubt” standard) and, in some contexts, that ambiguity in criminal legislation is construed narrowly. In contract and consumer law, it is akin to construing ambiguity against the drafter (contra proferentem), particularly in standard terms and consumer contracts, including under UK and Irish consumer protection legislation. In public and regulatory law, it may describe a tendency to interpret unclear provisions in favour of fundamental rights, fair procedures or the taxpayer. Usage and scope can vary between England and Wales, Scotland, Northern Ireland and Ireland, but the underlying idea-resolving genuine doubt against the party who created or relies on the ambiguity-is broadly consistent.
PRACTICE NOTES
Introduction The rule of law is a principle essential to just government. It is notoriously hard to define, yet its essence has been understood since antiquity as being that rulers should govern by means of law, and be subject to law’s authority rather than being above it. Modern thinking tends to emphasise the importance of democracy and human rights as necessary to fill out a thicker understanding of the rule of law. Background Plato gave these words to a nameless Athenian in his Laws: And when I call the rulers servants or ministers of the law, I give them this name not for the sake of novelty, but because I certainly believe that upon such service or ministry depends the well- or ill-being of the state. For that state in which the law is subject and has no authority, I perceive to be on the highway to ruin; but I see that the state in which the law is above the rulers, and the rulers are the inferiors of the law, has salvation, and every blessing
GLOSSARY
The rule of lenity is a principle of statutory interpretation in criminal law that requires genuinely ambiguous criminal legislation to be construed in favour of the accused. In practice, courts in England and Wales, Scotland, Northern Ireland and Ireland will only apply it once they have used the ordinary tools of interpretation (text, context, purpose and relevant legislative history) and the provision still admits of two reasonably plausible meanings.The rule is not usually set out expressly in legislation, but is recognised in case law as reflecting fairness, legal certainty and the presumption against doubtful penalisation. It can affect the scope of criminal offences, sentencing provisions and ancillary orders, and is sometimes invoked when arguing that conduct falls outside a broadly drafted offence or that a harsher penalty should not apply.Across the UK and Ireland, the approach is broadly consistent: courts treat lenity as a principle of last resort, not a shortcut to avoid clear statutory language or purpose. It operates alongside, and does not displace, purposive and contextual interpretation, especially in areas such as serious crime, regulatory offences and revenue law.
GLOSSARY
The principle of interpretation of statutes and other documents that where a list of things is followed by general words, the general words to not apply to things to a different rank.
GLOSSARY
The detailed provisions of a pension scheme.
PRACTICE NOTES
This Practice Note provides practical guidance on the Rules of Origin of the UK-EU Trade and Cooperation Agreement (UK-EU TCA). It provides guidance on the goods that are deemed to originate in the territory of either Party to the Trade and Cooperation Agreement either as it is wholly obtained or due to the fact that non-originating material has undergone an appropriate level of processing in either Party. It further provides practical guidance on claiming origin. Introduction to Rules of Origin of the UK-EU Trade and Cooperation Agreement Rules of Origin are the criteria used to determine the origin of a good. The Rules of Origin of the UK-EU TCA is important for trade between the UK and the EU. This is so as only the goods which are deemed to originate in either territory would be duty free. Non-originating goods are subject to the tariff treatment. The tariff treatment of non-originating goods could either be: • under a similar regional trade agreement, but perhaps not zero-rated • under the WTO framework,
GLOSSARY
Rules of court are the procedural rules governing how litigation is conducted in a particular court, including how to start and defend proceedings, time limits, service of documents, evidence, interlocutory applications, hearings, appeals and enforcement. They structure civil and criminal procedure and ensure fair, efficient and consistent case management. In England and Wales, the principal sets are the Civil Procedure Rules (CPR), Criminal Procedure Rules (CrimPR) and Family Procedure Rules (FPR), supported by practice directions. In Scotland, procedure is governed mainly by the Rules of the Court of Session and the Ordinary Cause Rules, together with sheriff court and specialist court rules. In Northern Ireland, the Rules of the Court of Judicature and county court rules perform an equivalent function. In Ireland, the Rules of the Superior Courts, Circuit Court Rules and District Court Rules apply. Rules of court are made under statutory powers (for example, by rules committees or the Civil Procedure Rule Committee) and interpreted by case law. Compliance is mandatory: breach can lead to sanctions such as strike‑out, wasted costs, unless orders, or other case management penalties.
PRACTICE NOTES
This Practice Note provides practical guidance on the rules of origin applicable to trade in goods under the Australia United Kingdom Free Trade Agreement (Aus-UK FTA). Introduction Rules of origin are the criteria used to determine the origin of a good. The Rules of origin of the Aus-UK FTA is important for trade between Australia and the UK This is so as only the goods which are deemed to originate in either territory would be subject to the preferential tariffs (which is mostly zero-rated). For guidance on the trade in goods under the Aus-UK FTA and the applicable tariff commitments, see Practice Note: Trade in goods under the Aus-UK FTA. Non-originating goods are subject to the tariff treatment typically as catered for under the World Trade Organization (WTO) framework, where the goods will attract the Most Favoured Nation (MFN) rate which applies to all WTO Member States. For guidance on MFN, see Practice Note: An introduction to Trade in Goods. . For guidance on the WTO’s Agreement on Rules of Origin, see Practice Note:
PRACTICE NOTES
This Practice Note provides practical guidance on the rules of origin applicable to trade in goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This guidance excludes the specific regional value content required for certain automotive goods. Introduction Rules of Origin are the criteria used to determine the origin of a good. The Rules of Origin of the CPTPP is important for trade between the parties to the CPTPP. This is so as only the goods which are deemed to originate in the territories of CPTPP parties would be subject to the preferential tariffs (which is mostly zero-rated). For guidance on the trade in goods under the CPTPP and the applicable tariff commitments, see Practice Note: UK’s trade in goods under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Non-originating goods are subject to the tariff treatment typically as catered for under the World Trade Organization (WTO) framework, where the goods will attract the Most Favoured Nation (MFN) rate which applies to all WTO Member States. For guidance on MFN, see Practice Note: