the
reduced law dictionary (extracts)
the law in snippets
of 101 words
by Roderick Ramage, solicitor
the
snippets on this page were first published in New Law Journal (www.newlawjournal.co.uk) on 7 June
2019
previous
instalments have been published in NLJ since 2008 and can be reached on this link
a
collection, snippets 1 to 101, was published by Etica Press Ltd, price £7.50
including p&p from roderick.ramage@law-office.co.uk
or as a Kindle ebook price £1.99 from https://www.amazon.com/Reduced-Law-Dictionary-Roderick-Ramage-ebook/dp/B006MWXW14
DISCLAIMER
These
snippets are not advice to any person (or at all) and may not be taken as a
definitive statement of the law in general or in any particular case. The
author does not accept any responsibility for anything that any person does or
does not do as a result of reading any of them, but does hope that at least
some of them will raise a smile.
amendment colours
The Civil Procedure Rules Practice Direction
17 r2.4 directs that "The order of colours to be used for
successive amendments is: (1) red, (2) green, (3) violet and (4)
yellow". The same order for
successive amendments to non-contentious documents is followed by solicitors,
who make amendments in longhand. By
the time that one reaches yellow, the document is usually so incomprehensible
that one must retype or rewrite it.
Microsoft Word’s advanced track changes options offers all the colours
you want, but not four users each with a separate colour. It is however improbable that Microsoft had
ever heard of the CPR.
1.vii.2018
bailiffs – guilty
until proved innocent
A power
to recover money by taking control and selling goods is exercisable only in
accordance with the Tribunals, Courts and Enforcement Act 2007
sch12: s62. Para 10 says “an enforcement agent (aka bailiff) may take control of goods only
if they are goods of the debtor.” According to the MoJ’s
Taking Control of Goods (April 2014) para 67, “enforcement agents should
not take control or remove goods clearly belonging solely to a third party not
responsible for the debt”. In practice,
eg, an elderly widow whose lodger’s debt is being enforced, must prove that her
assets are not the debtor’s.
6.v.2018
card or cheque
Card-issuers agree to
pay for goods or services provided by retailers, less a commission. Card-holders agree to pay to issuers the full
prices of goods or services bought with the card. Retailer agree to provide goods or services
and to accept payment by card. Retailers
are entitled to payment by their contracts with their card-issuers, so their
acceptance of payment by card discharges the customer. If, as in Re Charge Card Services (1989), the
card-issuer becomes insolvent, and the retailer is not paid, he has no recourse
to the consumer. Payments by cheque are
however conditional on the cheque being honoured.
8.iii.2019
card or cheque
Card-issuers agree
to pay for goods or services provided by retailers, less a commission. Card-holders agree to pay to issuers the full
prices of goods or services bought with the card. Retailer agree to provide goods or services
and to accept payment by card. Retailers
are entitled to payment by their contracts with their card-issuers, so their
acceptance of payment by card discharges the customer. If, as in Re Charge Card Services (1989), the
card-issuer becomes insolvent, and the retailer is not paid, he has no recourse
to the consumer. Payments by cheque are
however conditional on the cheque being honoured.
8.iii.2019
disability is likely
The Equality Act
2010 s6 and sch 1 provide that a person has a disability if he has a physical or mental
impairment, which has a substantial and long-term adverse effect on his ability
to carry out normal day-to-day activities.
The effect is long-term if it has lasted for at least 12 months or is
likely to last for at least 12 months or the rest of his life. In SCA Packaging Ltd v Boyle (2009) the HL
said that the words “is likely” should be interpreted as “it could well happen”
and not whether it was probable that it would.
29.vi.2018
football riots
On 13 April 1314
Edward II made a proclamation banning football in London, because “there is
great noise in the City caused by hustling over large balls.” Football was seen as a distraction from archery
practice, which was compulsory throughout the Middle Ages. In 1618 James 1 instructed Christians to play
football every Sunday afternoon after worship.
By the Football Spectators Act 1989 as amended by the Football
(Disorders) Act 2000, a person convicted of a relevant offence can be banned
from regulated matches, if the court is satisfied that a ban would help to
prevent violence or disorder at matches.
15.iii.2019
legal tender
In Baverstocks v Fitzpatrick (2012) the claimant was awarded
damages of £1,118.62 after a client attempted to pay £804 in 1p and 2p
coins. The Coinage Act 1971 stipulates
that bronze is legal tender for amounts not over 20p. Notes issued by the BoE under the Currency
and Bank Notes Act 1954 are legal tender.
Creditors may agree any form of payment.
“To make a legal tender there must either be an actual offer of the
money produced, or the production of it must be dispensed with by the express
declaration or equivalent act of the creditor”: Thomas v Evans (1808).
8.iii.2019
payment by a third person
In
Simpson v. Eggington (1855) Parke B said: “The general rule as to payment
or satisfaction by a third person, not himself liable as a co-contractor … appears
to be, that it is not sufficient to discharge a debtor unless it is made by the
third person, as agent, for and on account of the debtor and with his prior
authority or subsequent ratification.”
The same principle applies to rent:
in Smith v Cox (1940), the payment by a third party, out of kindness to
the landlord, of the amount of arears of rent did not release the tenant from
liability.
8.iii.19
The
Proclamation by the Crown Act 1539 gave Henry VIII despotic powers: although in
1535 the courts held that Henry had power to prevent the export of currency by
proclamation, Thomas Cromwell wanted statutory sanction for them. The Act was repealed by the Repeal of
Statutes etc Act 1547, but did not abolish proclamations, which are used for
the exercise of Royal prerogative. One
example is that by Royal Proclamation on 3 May 2017, the present parliament was
called to be holden on 13 June next. The
latest, on 14 February 2019, proclaimed some gold and silver coins as legal
tender.
14.iii.2019
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