Elizabeth A Martin - Oxford Dictionary of Law, 5th Ed. (2003)

bankruptcy is made against the proprietor or when registered land is transferred to the incumbent of a benefice.

inhuman treatment or punishment Treatment that causes intense physical and mental suffering. The prohibition on inhuman treatment or punishment as set out in Article 3 of the European Convention on Human Rights is now part of UK law as a consequence of the *Human Rights Act 1998. This right is an *absolute right; inhuman treatment or punishment can never be justified as being in the public interest, no matter how great that public interest might be. Public authorities have a limited but positive duty to protect this right from interference by third parties.

injunction n. A remedy in the form of a court *order addressed to a particular person that either prohibits him from doing or continuing to do a certain act (a prohibitory injunction) or orders him to carry out a certain act (a mandatory injunction). For example, a prohibitory injunction may be granted to restrain a nuisance or to stop the infringement of a copyright or trademark. A mandatory injunction may be granted to order a person to demolish a wall that he has built in breach of covenant. The remedy is discretionary and will be granted only if the court considers it just and convenient to do so; it will not be granted if damages would be a sufficient remedy.

Injunctions are often needed urgently. A temporary injunction (interim or interlocutory injunction) may therefore be granted at a special hearing pending the outcome of the main hearing of the case. If it is granted, the claimant must undertake to compensate the defendant for any damage he has suffered by the grant of the injunction if the defendant is successful in the main action. If judgment is given for the claimant in the main action, a perpetual injunction is granted. A person who fails to abide by the terms of an injunction is guilty of

*contempt of court. See also FREEZING INJUNCTION; QUIA TIMET. injurious falsehood See MALICIOUS FALSEHOOD.

injury n. 1. Infringement of a right. 2. Actual harm caused to people or property.

inland bill A *bill of exchange that is (or on the face of it purports to be) both drawn and payable within the British Islands or drawn within the British Islands upon some person resident there. All other bills are foreign bills. Unless the contrary appears on the face of a bill, the holder may treat it as an inland bill. The distinction is relevant to the steps taken when a bill has been dishonoured (see

DISHONOUR).

Inland Revenue, Board of The body responsible for the care, management, and collection of most taxes within the UK. The officials of which it is made up are the Commissioners. The day-to-day administration is carried out by civil servants.

Inspectors of Taxes are responsible for assessing taxes, which are collected by Collectors of Taxes (see also SELF-ASSESSMENT). A taxpayer can appeal against an inspector's assessment either to the General Commissioners for his district (lay persons appointed to hear appeals) or to a Special Commissioner (a full-time official appointed by the Treasury to hear appeals).

in limine [Latin] Preliminary; used, for example, to describe an objection or pleading.

in loco parentis [Latin] In place of a parent: used loosely to describe anyone looking after children on behalf of the parents, e.g. foster parents or relatives. In

law, however, only a guardian or a person in whose favour a residence order is made stands in loco parentis; their rights and duties are determined by statutory provisions.

Inner Temple An *Inn of Court situated in the Temple between the Strand and the Embankment. The earliest recorded claim for its existence is 1440. Its Hall and Library were destroyed by bombing in World War II but have since been rebuilt.

innocent misrepresentation See MISREPRESENTATION.

innocent passage See TERRITORIAL WATERS.

innominate terms (intermediate terms) Terms of a contract that cannot be classified as *conditions or *warranties. The parties to a contract may label the terms of the contract as either conditions or warranties and those labels will usually be respected by the courts provided that the result is reasonable. Similarly, certain terms have traditionally been treated as conditions or warranties even though they have not been labelled as such (for example, time clauses in mercantile contracts are to be treated as conditions). Innominate terms are those that will not fit the above categories. The remedy for breach of an innominate term will depend on whether or not the breach is of a fundamental nature, i.e. that the injured party has been deprived of substantially the whole of the benefit of the contract. If the injured party has been so deprived, he will be entitled to treat the contract as repudiated and claim damages. If not, he will be entitled to damages only. See also BREACH OF

CONTRACT.

Inns of Chancery Formerly, Inns similar but subordinate to the *Inns of Court, to which they were attached (for example, Staple Inn and Barnard's Inn were attached to Gray's Inn). Originally they were societies in which students prepared for admission to the Inns of Court; later they became societies of attorneys. They were dissolved in the late 19th century.

Inns of Court Ancient legal societies situated in central London; every *barrister must belong to one of them. These voluntary unincorporated associations have the exclusive right of call to the Bar. The early history of the Inns is disputed, but they probably began as hostels in which those who practised in the common law courts lived. These hostels gradually evolved a corporate life in which *Benchers, barristers, and students lived together as a self-regulating body. From an early date they had an important role in legal education. In modern times four Inns survive: *Gray's Inn, *Inner Temple, *Lincoln's Inn, and *Middle Temple.

Inns of Court and Bar Educational Trust See COUNCIL OF LEGAL EDUCATION.

innuendo n. In an action for *defamation, a statement in which the claimant explains the defamatory meaning of apparently innocent words that he alleges are defamatory. The claimant must set out in his particulars of claim the facts or circumstances making the words defamatory.

in personam [Latin: against the person] Describing a court action or a claim made against a specific person or a right affecting a particular person or group of people (compare IN REM). The *maxim of equity "equity acts in personam" refers to the fact that the Court of Chancery issued its decrees against the defendant himself, who was liable to imprisonment if he did not enforce them.

inquest n. An inquiry into a death the cause of which is unknown. An inquest is conducted by a *coroner and often requires the decision of a jury of 7-11 jurors. It must be held in the case of a sudden death whose cause is unknown or suspicious, a death occurring in prison, or when the coroner reasonably suspects that the death was caused by violent or unnatural means. Inquests are not, however, criminal

proceedings; witnesses are usually cross-examined only by the coroner and the strict laws of evidence do not apply. If unlawful *homicide is suspected, and criminal proceedings are likely, the coroner will usually adjourn the inquest (and must do so if requested to by a chief police officer). If the inquest jury find that a particular person caused the death in circumstances amounting to homicide, that person may stand trial. It is an offence to dispose of a body with the intention of preventing an inquest being held.

inquiry n. (in international law) An attempt to discover the facts surrounding an international incident that is the subject of a dispute between two or more parties by means of an impartial investigative body. Such an investigation is intended to promote a successful resolution of the dispute. In treaty law each of the *Bryan Treaties and a number of other treaties between South and Central American states provided for the establishment of permanent commissions of inquiry. In 1967,the UN General Assembly adopted a resolution supporting the institution of such impartial fact-finding and requested the Secretary-General to establish a register of experts whose services could be used by states in specific disputes. See also

CONCILIATION; GOOD OFFICES; MEDIATION.

A document containing the verdict of a coroner's *inquest. It caption (details of the coroner, jury, and the inquest hearing), the

verdict (identification of the body and probable cause of death), and the attestation (signatures of the coroner and jurors). An open verdict may be recorded when there is insufficient evidence of the cause of death.

inquisitorial procedure A system of criminal justice, in force in some European countries but not in England, in which the truth is revealed by an inquiry into the facts conducted by the judge. In this system it is the judge who takes the initiative in conducting the case, rather than the prosecution or defence; his role is to lead the investigations, examine the evidence, and interrogate the witnesses. Compare

ACCUSATORIAL PROCEDURE.

in re [Latin; in the matter of] A phrase is used in the headings of law reports, together with the name of the person or thing that the case is about (for example, cases in which wills are being interpreted). It is often abbreviated to re, in which form it is used in headings to letters, etc.

in rem [Latin: against the thing] 1. Describing a right that should be respected by other people generally, such as ownership of property, as distinct from a right *in personam. 2. Describing a court action that is directed against an item of property, rather than against a person or group of people. Actions in rem are a feature of the *Admiralty Court.

insanity n. (in criminal law) A defect of reason, arising from mental disease, that is severe enough to prevent a defendant from knowing what he did (or what he did was wrong). A person accused of a crime is presumed sane and therefore responsible for his acts, but he can rebut this presumption and escape a conviction if he can prove (see BURDEN OF PROOF) that at the time of committing the crime he was insane. For purposes of this defence, insanity is defined by the McNaghten Rules. These were formulated by judges after the trial of Daniel McNaghten (1843), who killed the Prime Minister's secretary by mistake for the Prime Minister, under the delusion that the government was persecuting him, and was acquitted on the grounds of insanity. According to the rules, the defendant must show that he is suffering from a defect of reason arising out of "a disease of the mind". This would usually include most psychoses, paranoia, and schizophrenic diseases, but psychopaths and those

255 inspection of property

suffering from neuroses or subnormality would not normally fall within the terms of the rules. The defendant must also show that, as a result of the defect of reason, he either did not know the "nature and quality" of his acts, i.e. he did not know what he was doing (for example, if he put a child on a fire, thinking it was a log of wood) or he did not know that his acts were wrong, even if he knew their nature and quality (for example, if he knew he was murdering, but did not know that this was wrong). If the defendant is suffering from an insane delusion, he is treated as though the delusion was true and will have a defence if there would normally be one on those facts (for example, if he kills someone under the insane delusion that he is acting in self-defence, since self-defence is a defence). Medical evidence may be brought, but the jury are entitled to form their opinion on the facts. If found to be insane the defendant is given a special verdict of "not guilty by reason of insanity" and may be admitted to hospital. In cases of homicide, the accused must be sent to hospital (usually a *special hospital, such as Broadmoor). Because of the consequences of successfully pleading it, in practice insanity was usually only pleaded to avoid the death penalty. However, a defendant who puts his mental state in issue (e.g. by raising a defence of *diminished responsibility on a murder charge) might have to change his plea to guilty to avoid being treated as pleading insanity (though he is entitled to appeal against an insanity verdict).

Magistrates' courts are not empowered to return a special verdict. They will either grant a complete acquittal, if the defendant's evidence of mental abnormality amounts to a denial that he had any necessary *mens rea for the crime, or they may make a *hospital order, if the crime with which he is charged is one for which they could usually imprison him.

If someone in custody for trial is suffering from mental illness or severe subnormality, he may be detained in hospital and not brought to trial until he is fit. A person who is insane at the time of his trial, in the sense that he does not understand the charge and cannot properly instruct his lawyers, may be found *unfit to plead.

See also GENERAL DEFENCES; IRRESISTIBLE IMPULSE.

insider dealing Taking advantage of specific unpublished price-sensitive information to deal in *securities to make a profit or avoid a loss. Under the Criminal Justice Act 1993,dealings by insiders and those who have acquired information from insiders may be a criminal offence. Improperly disclosing such information or encouraging others to deal is also prohibited.

insolvency practitioner A person appointed to officiate in the *winding-up of a company or in *bankruptcy proceedings. The Insolvency Act 1986 requires the appointment of a qualified practitioner to act as a *liquidator, an *administrative receiver, the supervisor of a *voluntary arrangement, or a *trustee in bankruptcy. Under the Act, a person is only authorized to act in such a capacity if he has met certain statutory requirements, including membership of an approved professional body (such as the Institute of Chartered Accountants of England and Wales or the Insolvency Practitioners Association).

inspection by judge See VIEW.

inspection of documents See DISCLOSURE AND INSPECTION OF DOCUMENTS.

inspection of property (in court procedure) The High Court or the county courts may order the inspection, photographing, preservation, custody, and detention of any property that is (or may become) the subject matter of proceedings or in respect of which any questions may arise in proceedings. Such an order may be made before the issue of proceedings, in respect of any property that may become

the subject matter of subsequent proceedings. Once proceedings have started, an order may be made in respect of property in the possession of a party, provided that the application is in respect of a physical thing (not details of a manufacturing process, for example), and an order may be made if the property is in the possession of a non-party. In each instance, the order is sought by isuing an application notice supported by evidence.

instant committal A short committal under section 1 of the Criminal Justice Act

1967. See COMMITIAL FOR TRIAL.

institutional constructive trust See CONSTRUCTNE TRUST.

instrument n. A formal legal document, such as a will, deed, or conveyance, which is evidence of (for example) rights and duties. The *European Convention on Human Rights is a living instrument in that it must be interpreted in the light of presentday conditions rather than by trying to ascertain the meaning of those who drafted it over fifty years ago. See also

insufficient evidence A direction by a judge to a jury that, as a matter of law, the evidence does not entitle them to make a certain finding. For example, if there is insufficient evidence for a conviction, the judge may direct the jury to return a verdict of not guilty.

insulting behaviour See THREATENING BEHAVIOUR.

insurable interest An interest (financial or otherwise) in the subject matter of a contract of *insurance, which provides the person insured with the right to enforce the contract. An insurable interest (e.g. ownership of goods insured) distinguishes a contract of insurance from a wager or bet. An interest is required by statute for various types of insurance contract (e.g. life insurance).

insurance n. A contract in which one party (the insurer) agrees for payment of a consideration (the premium) to make monetary provision for the other (the insured) upon the occurrence of some event or against some risk. For such contracts to be enforceable, there must be some element of uncertainty about the events insured against and the insured must have an *insurable interest in the subject matter of the contract. (The term assurance has the same meaning as insurance but is generally used in relation to events that will definitely happen at some time or another (especially death), whereas insurance refers to events that mayor may not happen.) There are two types of insurance: indemnity insurance, which provides an indemnity against loss and in which the measure of the loss is the measure of payment (e.g.a fire policy); and contingency insurance, which involves payment on a contingent event and in which the sum paid is not measured by the loss but stated in the policy (e.g. a life policy). A contract of insurance is one requiring the utmost good faith (see UBERRIMAE FIDEI) and is voidable if a party fails in preliminary negotiations to disclose a fact material to the risk (see NONDISCLOSURE; VOIDABLE CONTRACT). Innocent or fraudulent *misrepresentation may also render the contract voidable, or the contract may be terminated for breach of an essential term (see WARRANTY). Particular types of insurance include *life assurance, fire insurance, motor-vehicle insurance (see THIRD-PARTY INSURANCE), *marine insurance, liability insurance, and guarantee insurance. There is considerable statutory regulation of insurance business.

Insurers are either insurance companies or *Lloyd's underwriters. Insurance companies are regulated by statute, aimed, among other things, at ensuring the insurance companies have sufficient funds to meet all claims made on them.

Insurance brokers negotiate insurance contracts with insurance companies or

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Lloyd's underwriters on a commission basis and usually handle claims on their clients' behalf. In the event of a claim the insured receives either the amount agreed in the policy or an appropriate sum that is calculated by an independent insurance assessor.

insurance broker See INSURANCE. insurance company See INSURANCE.

insurance policy A formal document issued by an insurer setting out the terms of a contract of *insurance. Insurance contracts are not required by law to be in writing. Before the issue of a policy an insurer may issue a cover note, which is itself a temporary contract of insurance.

insurgency n. A state of revolt against constituted authority by rebels who are not recognized as *belligerent communities. Hence, recognition by nation X of a state of insurgency in nation Y means that while the former nation acknowledges a state of rebellion or revolt in nation Y, it is not yet prepared to extend recognition of a state of belligerency to that nation. Such a decision is based upon the relative proportion and success of the rebellion or revolt within state Y.

intangible property *Property that has no physical existence: *choses in action and incorporeal *hereditaments.

intellectual property Intangible property that includes *patents, *trade marks, *copyright, and registered and unregistered *design rights.

intention n. The state of mind of one who aims to bring about a particular consequence. Intention is one of the main forms of *mens rea, and for some crimes the only form (for example, in the crime of threatening to destroy someone's property, with the intention that he should fear that the threat will be carried out). A person is assumed to intend those consequences of his acts that are inevitable but cannot be presumed to intend a consequence merely because it is probable or natural. In the latter case, the jury must decide, on all the available evidence, whether or not in fact the accused did intend the consequences. For purposes of the law of murder, however, a person is presumed to intend to cause death if he foresees that it is a highly likely consequence of his acts. This is sometimes known as oblique intention. Intention is often contrasted with *recklessness and should not be confused with *motive. For some purposes, offences are divided into crimes of

basic intent or specific intent (see INTOXICATION). See also ULTERlOR INTENT.

Intention to injure is also a constituent element of some torts, particularly those dealing with business relations (e.g. *conspiracy, *intimidation, *procuring breach of contract).

intention of testator The meaning that a testator intends his will to have. In interpreting a will, the court seeks to give effect to the intention of the testator as expressed in the will, even if capricious or eccentric. If the intention of the testator is to be challenged, this can only be done by an application under the Inheritance (Provision for Family and Dependants) Act 1975(see FAMILY PROVISION). There are rules of construction to enable the testator's intention to be ascertained where it is not

clear from the face of the will (see ARMCHAIR PRINCIPLE; INTERPRETATION OF WILLS).

interest n. (in land law) A right in or over land. It may comprise equitable ownership of the land (such as the interest of the tenant for life under a settlement), where the legal estate is owned by trustees; or the benefit of some other right over the land of another, such as an easement or rentcharge. Interests of the latter type can be legal or equitable, but under the Law of Property Act 1925

only interests owned on terms equivalent to a *fee simple absolute in possession or a *term of years absolute qualify as legal interests. A person interested in land is one who has rights in it. See also EQUITABLE INTERESTS.

interest in expectancy Any future interest in property.

interfering with subsisting contract See PROCURING BREACH OF CONTRACT.

interfering with trade or business The tort of deliberately interfering with the trade or business of another person by unlawful means, thereby causing damage to that person. Liability in this tort is wider than in the tort of *procuring breach of contract, since it is not necessary to show that an existing contract has been interfered with or broken. The operation of the tort in *trade disputes is limited by statute.

interfering with vehicles Under the Criminal Attempts Act 1981, it is an offence, punishable with up to three months' imprisonment and(or a fine, for a person to interfere with a vehicle or anything it carries with the intention that he or someone else will steal the vehicle or any of its contents or take the vehicle without the owner's consent. The offence was introduced when the *sus law was abolished. A constable may arrest anyone he reasonably suspects of this offence. It is also a *summary offence, under the Road Traffic Act 1988, to get onto a vehicle on a road or local authority car park or to tamper with its brakes or other part of its mechanism without lawful authority or reasonable cause. See also CONVEYANCE.

interfering with witnesses Attempting to prevent a witness from giving evidence or to influence the evidence he gives. Making improper threats against witnesses may amount to the common-law offence of *perverting the course of justice; persuading a witness to tell a lie constitutes - in addition to this - the offence of subornation of *perjury. It is also perverting the course of justice to put pressure upon a witness to give evidence or to pay him money to testify in a particular way. Sometimes interfering with witnesses may also amount to *contempt of court. There is also a separate common-law offence of tampering with witnesses when one uses threats to persuade them not to give evidence. See

also INTIMIDATION.

interim See INTERLOCUTORY.

interim appeal. (interlocutory appeal) An appeal against an order made during the pre-trial stage of civil litigation. Appeals from district judges and masters are to the High Court or a county court circuit judge, and appeals from a decision of a county court circuit judge or a High Court judge are to the Court of Appeal (Civil Division). Any appeal can only be made if permission to appeal is granted.

interim injunction (interlocutory injunction) See INJUNCTION.

interim judgment (interlocutory judgment) A decision by the court in civil proceedings that only deals with part of the matter in dispute. Compare FINAL

JUDGMENT.

interim measures (in competition law) Temporary sanctions that the European Commission and the UK Office of Fair Trading have powers (by decision and under the Competition Act 1998, respectively) to impose on businesses that are in breach of the competition rules, pending a final decision. This ensures that permanent damage is not done to the party who has complained of a breach of the rules. The interim measures may consist of requiring the offending company to resume supplies of goods to the complainant or to remedy the conduct of which complaint has been made in some other way. See also INTERIM RELIEF.

interim payment Payment on account by a defendant of any damages, debt, or other sum (excluding costs) that he is liable to pay to the claimant. The High Court (but not the county courts) may order a defendant to make an interim payment. When damages are claimed, it is necessary to show that (1) the defendant has admitted liability; or (2) the claimant has already obtained judgment for damages to be assessed; or (3) if the action proceeded to trial the claimant would obtain judgment for substantial damages.

interim proceedings (interlocutory proceedings) The preliminary stages in civil proceedings, such as statements of case and disclosure of documents, which occur between the issue of the claim form and the trial. Their principal functions are to define the issues that will have to be decided at the trial and to prevent *surprise.

interim relief (interlocutory relief) A temporary remedy, such as an interim *injunction or *interim payment, granted to a claimant by a court pending the trial.

interim rent Rent that a landlord can request a court to fix for a *business tenancy when he has given the tenant notice to quit or when the tenant has applied for a new tenancy.

interlineation n. Writing between the lines of a document. The effect is the same as that of an *alteration.

interlocutory ad}. During the course of proceedings. Before the introduction of the Civil Procedure Rules in 1999, the term was applied to certain processes in civil proceedings occurring between initiation of the action and the final judgment (e.g. interlocutory injunction, interlocutory proceedings). Under the Rules, it has been replaced by the term interim.

intermediate terms See INNOMINATE TERMS.

internal waters All rivers, canals, lakes (excluding international ones), and landlocked seas, the waters of ports, bays, and roadsteads, and the waters on the landward side of the *baseline of the territorial sea. Within its internal waters, a coastal state exercises civil and criminal jurisdiction over foreign merchant ships and also administrative functions, such as enforcing customs and fishing

regulations. Compare TERRITORIAL WATERS.

International Bank for Reconstruction and Development (IBRD; World Bank) A specialized agency of the United Nations. It developed from the international monetary and financial conference held at Bretton Woods, New Hampshire, in 1944 and was established by 44 nations in 1945. Its central purpose is to spur economic growth in developing states through the provision of loans and technical assistance to their respective governments. The IBRD currently has 181 members.

international carriage The carriage of persons or goods between two or more nations, which is regulated by various international conventions. The international carriage of goods by sea is governed by the Hague Rules (1924), the Hague-Visby Rules (1968), and the Hamburg Rules (1978, not yet in force); that of goods by road by the Geneva Convention (1956); and that of goods by rail by a convention of 1980. (See also CARRIAGE OF GOODS BY AIR.) There are also conventions regulating the international carriage of passengers by sea, rail, and road. The UK is a party to various of these conventions and has legislated to give them legal effect; for example, the Carriage of Goods by Sea Act 1971 covers the Hague-Visby Rules.

International Court of Justice A court at The Hague, consisting of 15 judges elected for 9-year terms of office, that has power to determine disputes relating to international law. It was set up by the United Nations in succession to the Permanent Court of International Justice, and all members of the UN are automatically parties to the Statute of the Court. No state may be brought before the Court in contentious proceedings unless it has accepted its jurisdiction, either by agreement in a particular case or by recognition of the authority of the Court in general, in respect of any dispute with another state accepting the general jurisdiction of the Court (the principle of reciprocity; see also OPTIONAL CLAUSE). The Court may also give advisory opinions (see ADVISORY JURISDICTION), which do not bind the parties but are of great *persuasive authority.

International Criminal Court A permanent court to try individuals for the most serious offences of global concern. In July 1998, 160 nations decided to establish this court; the Statute of the Court will enter into force after 60 countries have ratified it. Crimes within the jurisdiction of the Court are genocide, war crimes, and crimes against humanity, such as widespread or systematic extermination of civilians, enslavement, torture, rape, forced pregnancy, persecution on political, racial, ethnic, or religious grounds, and enforced disappearances. The Court's Statute lists and defines all these crimes to avoid ambiguity. The seat of the Court will be at The Hague, in the Netherlands, but it will be authorized to try cases in other venues when appropriate.

international law (jus gentium, law of nations) The system of law regulating the interrelationship of sovereign states and their rights and duties with regard to one another. In addition, certain international organizations (such as the *United Nations), companies, and sometimes individuals (e.g.in the sphere of *human rights) may have rights or duties under international law. International law deals with such matters as the formation and recognition of states, acquisition of territory, war, the law of the sea and of space, treaties, treatment of aliens, human rights, international crimes, and international judicial settlement of disputes. The usual sources of international law are (1) *conventions and *treaties; (2) international *custom, in so far as this is evidence of a general practice of behaviour accepted as legally binding (see OPINIO JURIS); (3) the *general principles of law recognized by civilized nations.

International law is also known as public international law to distinguish it from *private international law, which does not deal with relationships between states.

International Law Commission (lLe) A body established in 1947 by General Assembly Resolution 174 (II) and acting under Article 13 of the United Nations Charter. The ILC consists of 25 members of recognized competence in international law who are elected for five-year periods by the General Assembly from a list of candidates nominated by the member states of the UN. The mission of the ILC is to promote the progressive development of international law by preparing draft conventions on subjects that have not yet been regulated by international law and by codifying the law. It produces annual reports of current problems.

international legal personality In the international community, entities who are endowed with rights and obligations under public international law are said to have international legal personality. The entities with this legal personality include states, international organizations, *nongovernmental organizations, and to some limited extent private individuals and corporations within a state.

international minimum standard (in international law) A minimum standard of treatment that must always be observed with regard to the treatment of foreign

261 interpretation of statutes

nationals. This standard consists of at least the right to life, liberty, and free access to the courts and to the protection of property (especially fair compensation for the nationalization of property). The international minimum standard has proved to be contentious with developing countries and Socialist states, who believe that it merely advances Western economic imperialism. See also ESPOUSAL OF CLAIM;

EXPROPRIATION; STATE RESPONSIBILITY. Compare NATIONAL TREATMENT STANDARD.

International Sea Bed Authority A body, based in Jamaica, that is charged with responsibility for the 1982 Convention on the Law of the Sea. See LAW OF THE SEA.

international supply contract A contract for the sale of goods made by parties whose places of business (or habitual residences) are in the territories of different states. The limitations imposed by the Unfair Contract Terms Act 1977 on the extent to which a person may exclude or restrict his liability (e.g. by an *exemption clause) do not apply to such a contract if (1) when it is made, the goods are in carriage (or due to be carried) from one state to another; (2) the offer and its acceptance take place in different states; or (3) the goods are to be delivered in a state other than that in which the offer and acceptance take place. However, other statutes may apply to such contracts, and in many countries the Vienna Convention on the International Sales of Goods and world trade rules under the *General Agreement on Tariffs and Trade (GATT) and the *World Trade Organization (WTO) will apply.

interpleader n. A procedure used to decide how conflicting claims against the same person should be dealt with. It applies when there are two or more claims against the applicant (whether or not court proceedings have been issued) that conflict with each other; for example, when two or more people claim the same goods that are being held by the applicant. The court decides how the matter should be dealt with; it may, for example, direct that there should be a court action between the rival claimants.

Interpleader can be of two types. A stakeholder'sinterpleader applies to any person holding any debt, goods, or chattels in respect of which there are rival claims. A sheriff'sinterpleader applies when the applicant is the *sheriff, who has to deal with rival claims after execution of a writ of *fieri facias when a third party (e.g. a television rental company) claims that the goods seized belong to him. In the county courts, special forms of summons are prescribed irrespective of whether proceedings have commenced or not. In the High Court, the application is by *claim form if proceedings have yet to start, and by ordinary application notice if proceedings have already been issued.

interpretation (construction) n. The process of determining the true meaning of a written document. It is a judicial process, effected in accordance with a number of rules and presumptions. So far as is relevant, the rules and presumptions applicable to Acts of Parliament (see INTERPRETATION OF STATUTES) apply equally to private documents, such as deeds and wills.

Interpretation Act An Act of 1978 (originally 1889) that defines a number of common words and expressions and provides that the same definitions are to apply in all other Acts except those specifically indicating otherwise. For example, "person" includes (in addition to an individual) any body of persons corporate or unincorporate.

interpretation clause A clause in a written document that defines words and phrases used in the document itself. In an Act of Parliament it is called an interpretation section. See also INTERPRETATION ACT.

interpretation of statutes The judicial process of determining, in accordance

invitee ri. A person permitted to enter land or premises for a purpose in which the occupier of the land has a material interest. An example of an invitee is a customer

in a shop. See OCCUPIER'S LIABILITY.

in vitro fertilization (IVF) See HUMAN ASSISTED REPRODUCTION.

involuntary conduct Conduct that cannot be controlled because one is suffering from a physical or mental condition or is acting under *duress. Involuntary conduct will often give rise to a defence of *automatism, although it may not be a defence if one is aware of one's condition or induced it oneself. Sometimes conduct may be regarded as involuntary if one is in control of one's faculties; for example, when the brakes of a car suddenly fail; this will also afford a defence to a driving offence charge.

IR35 A rule introduced with effect from 6 April 2000 that requires an individual who provides services to an employer through an intermediary (such as a limited company) to be taxed on the basis that he is an employee rather than self-employed. This requires deduction of tax at source under the PAYE (*Pay As You Earn) rules and gives less favourable treatments for the deduction of expenses than formerly.

irrebuttable presumption See PRESUMPTION.

irresistible impulse An uncontrollable urge to do something. Irresistible impulse is not usually a defence in law and it will not afford a defence of *insanity, unless it arises out of a disease of the mind as defined by the McNaghten Rules. When, however, an impulse is irresistible in that the body reacts in an instinctive way to it, there may be a defence of *involuntary conduct. An irresistible impulse may also constitute *diminished responsibility. See also PROVOCATION.

irretrievable breakdown (of a marriage) See MARITAL BREAKDOWN; DIVORCE.

irrevocable adj. Incapable of being revoked. For example, *powers of appointment may be made irrevocable. On the other hand, a testator of sound mind can revoke his will at any time.

ISA See INDIVIDUAL SAVINGS ACCOUNT.

issue n. 1. The matter in dispute in a court action. 2. The children or other lineal descendants of a person. 3. The total of bank notes in circulation within a country.

issued capital See AUTHORIZED CAPITAL.

issue estoppel *Estoppel arising in relation to an issue that has previously been litigated and determined between the same parties or their predecessors in title. The issue must be an essential element of the claim or defence in both sets of proceedings. Unlike estoppel per rem judicatam, it does not prevent fresh evidence from being introduced in relation to the issue previously determined. This type of estoppel does not arise in criminal cases and its scope in civil cases is uncertain.

itemized pay statement The written statement that, under the Employment Rights Act 1996,an employer must provide for every employee who works eight or more hours a week, on or before each occasion wages or salaries are paid. The statement must contain the following information: (1) the employee's gross pay for the period; (2) the amounts and reason for any deductions; (3) the net amount paid; and (4) the method of calculating the net pay when different parts are calculated differently (e.g. if the pay is partly a basic wage and partly a commission or bonus payment). The statement need not contain details of fixed deductions if it contains an aggregate amount of these deductions and the employer has given the employee, either before or at the time of payment, a standing written statement of fixed

deductions that contains the following particulars of each deduction: (1) the amount;

(2) the intervals at which the deduction is made; (3) the purpose for which it is made. The standing statement of fixed deductions must be reissued within 12 months of its first being issued and not more than every 12 months after that and it must incorporate any amendments. An employee can apply to an *employment tribunal if his employer fails to provide the statutory statement or reason for deductions. The tribunal can order the employer to provide statements and also to refund any unexplained deductions in respect of a period up to 13 weeks before the application.

IVF In vitro fertilization. See HUMAN ASSISTED REPRODUCTION.

J

jactitation of marriage A false assertion that one is married to someone to whom one is not in fact married. Proceedings for jactitation were abolished by the Family Law Act 1986 but an injunction may be sought to restrain such claims being made and may be useful in preventing a presumption of marriage from arising.

Jobseeker'sAgreement An agreement that must be signed by a claimant for the *jobseeker's allowance and his Employment Service adviser. The agreement sets out any restrictions on the claimant's availability for work and outlines the type of work being sought and the plans the claimant has made for seeking work.

jobseeker'sallowance (JSA) A taxable benefit that replaced both unemployment benefit and income support for jobseekers from 7 October 1996. Those with national insurance contributions can claim contribution-based JSA, which is paid for up to six months. Those without NI contributions can claim

income-based JSA, which is payable for as long as the claimant satisfies the rules. JSA is only paid to those who are available for work, are actively seeking work, and who have signed a *Jobseeker's Agreement.

joinder of causes of action The combination in one action of several causes of action against the same defendant. Although any number of causes of action may be joined in the first instance, the court may order that they be severed if the joinder would cause procedural difficulties.

joinder of charges The joining of more than one charge of a criminal offence together in the same *indictment. This may be done when the charges are based on the same facts or are part of a series of offences of the same or similar character.

joinder of defendants Mentioning two or more defendants in one count of an *indictment and trying them together. It is possible to join two or more defendants even if one of them is the principal offender and the other an accessory; if they are separately indicted, however, they cannot subsequently be tried together. Sometimes (e.g.in cases of conspiracy) it is usual to join two or more defendants; one may be convicted even if all his co-conspirators named in the count are acquitted and even though conspiracy by definition requires more than one participant. Two or more defendants may also be joined in one indictment if they are charged with different offences, if the interests of justice require this; for example, if two witnesses commit perjury in relation to the same facts in the same proceedings. Defendants who have been jointly indicted will normally only be tried by separate trials if a joint trial might prejudice one or more of them; for example, when evidence against one accused is not admissible against the other or when the prosecution wish to call one of the defendants to give evidence against another.

joinder of documents The connecting together of two or more documents so that, jointly, they fulfil statutory requirements when one of the documents alone would be insufficient.

joinder of parties The combination as claimants or defendants of two or more persons in a single action. Joinder may take place with the permission of the court or when separate actions would result in some common question of law or fact arising in all the actions, and all claims in the action are in respect of or arise out of the same transaction or series of transactions. See alsoJOINDER OF DEFENDANTS.

269 joint tortfeasors

joint and several Together and in separation. If two or more people enter into an obligation that is said to be joint and several, their liability for its breach can be enforced against them all by a joint action or against any of them by individual

action. See alsoJOINT TORTFEASORS.

Joint Committee on Statutory Instruments (Joint Scrutiny Committee) A committee of both Houses of Parliament whose function is to examine most delegated legislation (particularly *statutory instruments of a general character) and to draw Parliament's attention to it on a number of specified grounds; for example, if it imposes a tax, has retrospective effect, has been unduly delayed in publication, or is badly drafted. The Committee consists of seven members appointed by each House.

Joint Scrutiny Committee See JOINT COMMITTEE ON STATUTORY INSTRUMENTS.

joint tenancy Ownership of land by two or more persons who have identical interests in the whole of the land (compare TENANCY IN COMMON). A joint tenancy can only arise when four conditions (the four unities) are satisfied. (1) Each joint tenant must be entitled to possession at the same time. (2) The estate or interest each has in the land must be identical; each joint tenant is entitled to the whole property and has no exclusive entitlement to any separate part of it (see UNDIVIDED SHARES). (3) Each must have the same *title to the land, i.e. their ownership must be traced from the same instrument, such as a conveyance "to A and B as joint tenants". (4) Each joint tenant's interest must *vest at and subsist for the same time. Under a joint tenancy the right of survivorship applies: thus ownership of the entire interest in the property passes automatically on the death of one joint tenant to the survivor(s). The last survivor becomes the sole and absolute owner.

Under the Law of Property Act 1925 a distinction is made between a legal and an equitable joint tenancy. When two or more persons hold the *legal estate, they invariably hold it as joint tenants, and the right of survivorship applies. When the conveyance to them contains no words indicating that they are entitled to the property in *undivided shares (words of *severance), they hold as joint tenants in equity and the right of survivorship again applies. However, when they take distinct and separate shares, or when the equitable joint tenancy has been terminated (as by notice of severance, *partition, etc.), the equitable interest is held by them as tenants in common. However the equitable (or beneficial) interests are structured, the legal estate is always held by joint tenants as trustees upon a statutory *trust of land (Trust of Land and Appointment of Trustees Act 1996; TOLATA), and the trustees are accountable to those who hold the equitable interests - in the proportions to which they are entitled if they are tenants in common - for the property. The owners in equity have many rights under the trust of land, such as the right to be consulted and the right to occupy the property. Any joint tenant may apply to the court under section 14 of TOLATA for an order relating to the exercise by the trustees of any of their functions, including sale of the property. The court may make such order as it thinks fit.

joint tortfeasors Two or more people whose wrongful actions in furthering a common design cause a single injury. For example, if two men searching for a gas leak both applied a naked light to a gas pipe and caused an explosion, they are joint tortfeasors. But if a single injury is caused by several people acting without a common design they are not joint, but concurrent tortfeasors. An example of concurrent tortfeasors would be two motorists in separate cars, both driving negligently and causing a collision in which a pedestrian is injured. In both cases, the injured claimant is entitled to sue any or all of the tortfeasors for his whole