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

granted bail to agree to indemnify his surety against any loss arising out of standing surety.

just satisfaction The basis for damages awarded by the European Court of Human Rights (and thus in respect of claims under the *Human Rights Act 1998). In many cases where the Court finds a violation it has declined to award any damages on the basis that this finding is in itself sufficient just satisfaction. Subject to this discretion, damages can be obtained for pecuniary loss, nonpecuniary loss, and costs and expenses.

juvenile court See YOUTH COURT.

juvenile offender A person between the ages of 10 and 17 who has committed a crime (see DOLI CAPAX); an offender between the ages of 14 and 17 is known as a young offender. A child (aged between 10 and 14) cannot normally be tried on indictment (even for an *indictable offence) except when charged with homicide. A young offender may be tried on indictment when charged with homicide or an offence for which an adult could be sentenced to at least 14 years' imprisonment or if he is jointly charged with someone aged 18 or over and it is felt to be necessary that they be tried together. In all other cases, juvenile offenders must be tried summarily by a magistrates' court or a *youth court; they can be "found guilty" of an offence but may not be described as "convicted".

A juvenile offender cannot be sentenced to imprisonment; instead he may be sentenced to *detention in a young offender institution. If found guilty of murder or some other grave crime he must be detained in a place and on such conditions as the Home Secretary may determine. The Crime (Sentences) Act 1997 provides that the Parole Board, rather than the Home Secretary, has responsibility for the release of juveniles convicted of murder. Under the Criminal Justice and Public Order Act 1994 it is possible to sentence an offender aged 12 to 14 who has been convicted of a serious offence punishable in an adult by imprisonment to custody under a secure training order for a period of six months to two years. A juvenile offender may not be sentenced to do community service or put on probation before the age of 16. He may be fined (see FINE), made the subject of a supervision or hospital order, or required to attend an *attendance centre. He could also be discharged (absolutely or conditionally). The procedures for dealing with juvenile offenders have now been amended in some respects by the Youth Justice and Criminal Evidence Act 1999.

K

keeping n. (of property) See THEFT. keeping term See TERM.

keeping the peace Behaving in such a way as not to cause or threaten a breach of the peace, i.e. a disturbance of public order. Magistrates' courts have very wide powers to *bind over people to keep the peace or to make them enter into *recognizances (either personally or through a surety) to pay a sum of money into court if they fail to keep the peace. The order may be made against a defendant on a criminal charge or merely upon complaint by a member of the public (if there is some evidence that a *breach of the peace may occur). A person may be bound over for any sum of money or any period of time; if he refuses to be bound over or to enter into the recognizance, he may be sentenced immediately to imprisonment (even if he has committed no criminal offence).

kerb crawling The offence by a man of *soliciting a woman for prostitution in a street or public place either from a motor vehicle or having just alighted from one, when the soliciting is persistent or likely to cause annoyance to the woman or nuisance to other people in the vicinity.

kidnapping n. Carrying a person away, without his consent, by means of force, threats, or fraud. Kidnapping is a common-law offence punishable with a maximum sentence of life imprisonment. A man may be guilty of kidnapping his wife. Disputes between parents about the right to their children are dealt with in family proceedings. A parent with care of the child may obtain a warrant for the arrest of the other parent if he or she takes the child away. Failure to comply with an order for the return of the child amounts to contempt of court. See alsoABDUCTION;

HOSTAGE.

kleptomania n. A mental disorder leading to the *irresistible impulse to steal.

knock-out agreement An agreement by dealers not to bid against each other at an auction. Such an agreement is illegal (see AUCTION RING).

knowhow n. Technical information often exploited in conjunction with a *patent. EU regulation 240/96 governs the terms that mayor may not be included in a knowhow licence agreement. See TECHNOLOGY TRANSFER.

knowing receipt If a stranger receives trust property knowing it to be in breach of trust, he will be liable to account to the beneficiaries for that property or for the

proceeds of it (see TRACING TRUST PROPERTY).

L

laches n. [from Norman French lasches, slackness, negligence] Neglect and unreasonable delay in enforcing an equitable right. If a claimant with full knowledge of the facts takes an unnecessarily long time to bring an action (e.g. to set aside a contract obtained by fraud) the court will not assist him; hence the maxim "the law will not help those who sleep on their rights" and "equity aids the vigilant". The defence of laches is only allowed if there is no statutory limitation period. If there is such a period, the claimant can bring an action at any time up to the expiry of the time stated. See

Lady Day See QUARTER DAYS.

land n. Those parts of the surface of the earth that are capable in law of being owned and are within the court's jurisdiction. Generally, ownership of land includes the *airspace above it and the subsoil below. For the purposes of land law, the Law of Property Act 1925 defines land as including mines and minerals (whether or not owned separately from the surface), buildings, and most interests in land. Chattels fixed to the land so that they become part of it are also treated in law as land, under the maxim quicquid plantatur solo, solo cedit (see FIXTURE).

land certificate A document issued by the Land Registry to the proprietor of registered land as proof of his ownership of it. See

land charge An interest in *unregistered land that imposes an obligation on the landowner in favour of some other person (the chargee). If validly created and registered where appropriate under the Land Charges Act 1972 at the *Land Charges Department (see REGISTRATION OF ENCUMBRANCES), land charges will normally bind purchasers of the land. Important examples of land charges created by act of the parties include mortgages not protected by deposit of title deeds, binding contracts for sale (including options and rights of pre-emption), *restrictive covenants that affect freehold land, and equitable *easements. Some land charges arise under statute; for example, a spouse's right to occupy the matrimonial home under the Matrimonial Homes Act 1983 (a Class F land charge) and the Inland Revenue charge for unpaid inheritance tax (a Class D land charge). Local land charges, which arise in favour of local authorities from the exercise of their statutory powers, are registered by the local authority itself and apply to *registered land as well as to unregistered land.

Land Charges Department A department of the Land Registry, maintained under the Land Charges Act 1972 to keep registers of certain interests affecting the rights of persons owning *unregistered land (called estate owners). For the interests capable of being registered, see REGISTRATION OF ENCUMBRANCES. Registration of land charges against the name of the estate owner constitutes notice to everyone of their existence and generally renders them binding upon purchasers of any interest or estate in the land affected. A person contemplating taking such an interest may apply to the Department for an *official search certificate, which will reveal all interests registered against the estate owner's name.

landlord n. A person who grants a lease or tenancy. He need not be the outright owner of the tenanted premises (he may, for example, be a lessee himself or even a licensee). A landlord may be an individual, a local authority, a trustee, a personal

representative, or a corporation (such as a company). A landlord may provide services to the tenant, such as heating, lighting, and porterage. There are statutory controls on the amount that a landlord can charge for such services and procedures for consultation with the tenants. The person who receives the rent is obliged to reveal the landlord's identity on the tenant's request. When there is a change of ownership the new landlord must inform the tenant within two months or when rent is next due, whichever is the later. The kind of security of tenure a tenant has is affected

by who his landlord is. See ASSURED TENANCY; PROTECTED TENANCY; SECURE TENANCY;

RESTRICTED CONTRACT.

land registration The system of registering, at local branch offices of HM Land Registry, certain legal estates or interests in land. Under the Land Registration Act 1925 compulsory registration was to be introduced in a specified area by Order in Council; registration has now been extended to the whole of England and Wales, and over 90% of all land in England and Wales is now registered land. There is, however, no obligation on existing owners to register, but most transactions in land, including sale, gift, legal mortgage, etc., now trigger registration by the new or existing owner. If he fails to do so he does not acquire the legal estate and therefore runs the risk that the vendor or landlord may sell to someone else who can acquire a better title by registration. Existing owners or tenants under a lease having at least 21 years to run may register their titles if they wish.

Upon registration of a title the Land Registry allocates a title number. Evidence of title is provided by the issue of a land certificate to the owner (who is known as the registered proprietor) or, if the land is in mortgage, a charge certificate to the mortgagee. The certificate represents the registered title, which is in three parts, comprising;

(1)The property register. This describes the land and any additional rights incidental to it, such as rights of way over adjoining land. The filed plan shows the location of the land, usually with a general indication of the position of the boundaries. Registration of precise boundaries is possible under a special procedure involving notice to adjoining owners and hearing their objections.

(2)The proprietorship register. This names the registered proprietor(s) of the land and notes any restriction on their powers to dispose of it (for example, *restrictions, *inhibitions, *cautions, etc.). The register also states the nature of the title, which may be *absolute, *qualified, *possessory, or *good leasehold.

(3)The charges register. This details interests adverse to the proprietor, such as mortgages, restrictive covenants, or easements to which the land is subject.

The land certificate fulfils a similar function to title deeds to unregistered land, but if a more up-to-date record of the state of the registered title is required (for example, by a prospective purchaser or mortgagee), the Land Registry will issue *office copies or a certificate of *official search on application by the registered proprietor or any person with his authority to inspect the register. A registered proprietor's title is guaranteed by the state subject to *overriding interests, which are not registrable in the charges register. The extent of the guarantee depends on the nature of the title. The register can be rectified by the court in certain circumstances to correct a mistake; compensation is generally paid by the government to a party who suffers loss as a result.

Land Registry A statutory body established under the Land Registration Act 1925 to maintain registers of certain legal estates in land. See also

Lands Tribunal A tribunal established by the Lands Tribunal Act 1949 to decide disputes concerning compensation for the compulsory acquisition of land and similar questions involving land valuation. It also determines disputes as to the

value of land or buildings for inheritance-tax purposes. Its members, who must be legally qualified or experienced in valuation, are appointed by the Lord Chancellor, and it is subject to the supervision of the *Council on Tribunals,

lapse n. The cancellation of a bequest when the beneficiary dies before the testator. Thus, in general, if A's will leaves property to B but B predeceases A, the bequest does not take effect. The property becomes part of A's residuary estate and is distributed to his residuary beneficiaries. This rule is subject to the following exceptions.

(1)When property is bequeathed to two or more persons as joint tenants, those who survive the testator take the property.

(2)The Wills Act 1837 provides that when property is bequeathed to a child or remoter descendant of the testator who predeceases him but leaves descendants of his own who are alive at the testator's death, those descendants take the property (subject to a contrary intention being expressed in the will). A similar rule applies when property is left in tail (*entailed interest).

(3)Some gifts to charities that cease to exist before the testator's death may be applied *cy-pres.

(4)Most importantly, the testator may stipulate what is to happen to the gift if the beneficiary predeceases him.

lapse of offer The termination of an *offer as a result of the passage of time, death, or the nonfulfilment of a condition. An offer made subject to a specified time limit lapses after that time has passed; all other offers lapse after a reasonable time. Death of the offeree causes an offer to lapse, but death of the offeror does not always do so. The offer remains available for acceptance if the death is unknown to the offeree and the resulting contract could be performed by the offeror's personal representatives. An offer lapses if one or more conditions are not fulfilled. An offer to buy goods, for example, is made on the assumption that they will remain in the same condition until acceptance; it lapses if that ceases to be the case. See also

REJECTION OF OFFER; REVOCATION OF OFFER.

larceny n. Formerly (before 1969), *theft. Larceny was more limited than theft and required an asportation (carrying away of the property).

latent ambiguity See AMBIGUITY. latent defect See DEFECT.

law n. 1. The enforceable body of rules that govern any society. See also COMMON LAW; NATURAL LAW. 2. One of the rules making up the body of law, such as an *Act of Parliament.

Law Commission A body established by the Law Commissions Act 1965 to take and keep the law under review with a view to systematically developing and reforming it. In particular, it considers the codification of the law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, a reduction in the number of separate enactments, and simplification and modernization generally. The Commission consists of a chairman and four other members, appointed by the Lord Chancellor from among the holders of judicial office, barristers, solicitors, and academic lawyers. There is a separate Commission for Scotland.

Law Lords See LORDS OF APPEAL IN ORDINARY.

law merchant The international practice of merchants relating to commercial and maritime matters. In early times it influenced Admiralty law and the law administered in local courts. Parts of the law merchant were absorbed into the

common law of England (e.g. that relating to negotiable instruments and the transfer of bills of lading).

law officers of the Crown The *Attorney General, *Solicitor General, *Lord Advocate, Solicitor General for Scotland, and Attorney General for Northern Ireland.

law of nations See INTERNATIONAL LAw.

law of the sea The rules of international law governing rights over the seas. The seas are divided into several different areas. (1) The internal waters of a state (e.g. rivers, lakes, ports, and harbours). A state may usually apply its laws to any merchant ship within its internal waters. It may also apply navigation or health regulations to foreign warships in such waters and exclude foreign warships from its ports. (2) The *territorial waters. (3) The *high seas, beyond the territorial waters, which are open to all nations for such purposes as navigation, fishing, laying of submarine cables, and over-flying. Ships on the high seas are usually subject only to international law (for example, in relation to acts of piracy) and the law of the flagstate (usually dependent on registration in that state). There is also a limited right of *hot pursuit. (4) The *continental shelf, which - although geographically part of the high seas - is subject to specific rules.

The law of the sea is contained in customary international law and in the four Geneva Conventions of 1958. Since 1982,when the United Nations Convention on the Law of the Sea came into force, there is a comprehensive code governing the whole of this law, which includes some completely new rules. To date (2001), 135 countries have established their consent to be bound by this Convention; the UK acceded to the treaty on 25 July 1997. In addition, many nations have subscribed to the related 1994 Agreement Regarding the United Nations Convention on the Law of the Sea. Even though some states chose not to ratify the 1982 Convention, many of the Convention's principles have now passed into the corpus of customary international law.

Law Reform Committee A body established by the Lord Chancellor to consider particular areas of law that may need reform.

law reports Reports of cases decided by the courts, comprising a statement of the facts of every case and the reasons the court gave for judgment. The earliest reports were contained in the Year Books, which were published annually between 1283 and 1535.Their authors were anonymous and may have been student lawyers. The Year Books were superseded by personalized reports, i.e. reports written privately by lawyers (e.g. Chief Justice Coke) who appended their names to them. In 1865 was established the Incorporated Council of Law Reporting, a semiofficial body that publishes TheWeekly Law Reports (formerly Weekly Notes). These are reports of important cases selected by the Council, written by lawyers, and approved by the judges involved. There are in addition still a number of commercially published reports, e.g. the All England Law Reports, but the Court of Appeal and the House of Lords will cite the reports of the Incorporated Council in preference to other reports where there is a choice.

law sittings See SITTINGS.

Law Society The professional body for solicitors in England and Wales, incorporated by royal charter in 1831. The Society exists both to further the professional interests of solicitors and to discharge important statutory functions in relation to the admission to practice, the conduct, and discipline of solicitors. It issues annual *practising certificates to solicitors, without which they may not practise, and through its disciplinary committee may strike a solicitor's name off

the roll or take other disciplinary action, subject to an appeal to the High Court. The Society is responsible for the examination of intending solicitors and organizes educational and training courses both through the College of Law and recognized universities.

lay days (lying days) The number of days specified in a charterparty to enable the charterer to load or discharge cargo. They begin to run as soon as the ship is an arrived ship, i.e. has reached the berth or mooring specified in the charterparty. If only a port is specified, the ship must have reached a position within that port at which it is at the immediate and effective disposition of the charterer (the Reid test). The charterparty may provide for the payment of dispatch money when the charterer saves days in loading or discharging the cargo. Unless the charterparty provides otherwise (e.g. by restricting them to good-weather working days), lay days are running days, i.e. they run consecutively, without any break. See also DEMURRAGE.

laying an information Giving a magistrate a concise statement (an information), verbally or in writing, of an alleged offence and the suspected offender, so that he can take steps to obtain the appearance of the suspect in court. Information can be laid by any member of the public, although it is usually done by the police. If an arrest warrant is required, the information must be in writing and on oath. Objections cannot normally be made to information laid, on the grounds of formal defects or discrepancies between it and the prosecution's subsequent evidence. But if the defect is fundamental to the charge the information will be dismissed, and if the defendant was misled by a discrepancy, he may be granted an adjournment of the trial.

LCJ See LORD CHIEF JUSTICE.

leader n. A *Queen's Counselor any barrister who is the senior of two counsel appearing for the same party.

Leader of HM Opposition The leader in the House of Commons of the party in opposition to the government that has the greatest numerical strength in the House. By statute a salary is payable to him (in addition to his salary as an MP); any doubt as to his identity is resolved by the Speaker.

Leader of the House See HOUSE OF COMMONS; HOUSE OF LORDS.

lead evidence To call or adduce evidence.

leading case A case, the legal reasoning in which establishes an important principle of law. See PRECEDENT.

leading question A question asked of a witness in a manner that suggests the answer sought by the questioner (e.g. "You threw the brick through the window, didn't you?") or that assumes the existence of disputed facts to which the witness is to testify. Leading questions may not be asked during *examination-in-chief (except relating to formal matters, such as the witness's name and address) but may normally be asked in *cross-examination.

leapfrog procedure 1. (House of Lords) The procedure for appealing direct to the House of Lords from the High Court or a Divisional Court, bypassing the Court of Appeal. The procedure is only allowed in exceptional cases. All parties must consent and the case must raise a point of law of public importance, which either relates wholly or partly to the interpretation of a statute or of a statutory instrument or is one in respect of which the trial judge is bound by a previous decision of the Court of Appeal or the House of Lords. The trial judge must certify that he is satisfied as to the importance of the case and the House of Lords must

give permission to appeal in this way. 2. (Court of Appeal) The procedure by which a High Court judge or the Master of the Rolls may transfer an appeal from a decision of a district judge or master to the Court of Appeal. Under the Access to Justice Act 1999 and the *Civil Procedure Rules, which substantially revised *appellate jurisdiction in the civil courts, such an appeal would normally be to a circuit judge or a High Court judge. However, if the appeal is considered to raise an important point of principle or practice, or if there is some other compelling reason for the Court of Appeal to hear it, it may be transferred.

lease n. A contract under which an owner of property (the *Iandlord or lessor) grants another person (the *tenant or lessee) exclusive possession of the property for an agreed period, usually (but not necessarily) in return for rent and sometimes for a capital sum known as a *premium. Unless it satisfies the conditions for a *parollease, a lease must be made by a formal document (a *deed), which is itself called a lease. If this is not done, however, there may still be an *agreement for a lease. The lessee must have exclusive possession, i.e. the right to control the property and to exclude everyone else from it (subject to any rights of entry or re-entry reserved to the landlord). If possession is not exclusive, there is no lease but there may be a *licence. A lease must be for a definite period, which may be a *fixed term or by way of a *periodic tenancy. See also EQUITABLE LEASE; LEGAL LEASE.

The deed that creates the lease sets out the terms, which include the parties. the property, the length of the lease, the rent, and other obligations (covenants), particularly concerning repairs, insurance, and parting with possession. Certain covenants are implied in all leases (though the lease may vary or exclude them). In the case of the lessor these are; (1) not to derogate from his grant (i.e. he must not do anything that would make the property unfit for the purpose for which it was let);

(2) *quiet enjoyment; and, in certain cases, (3) to ensure that the premises are *fit for habitation. In the case of the tenant, the implied covenants are: (1) to pay the rent; (2) to pay all ordinary rates and taxes; (3) not to commit *waste; and (4) to use the property in a tenant-like manner, i.e. to do the sort of small maintenance jobs that any reasonable tenant would be expected to do (he is not, however, responsible for *fair wear and tear or other disrepair that is not his fault). See alsoASSIGNMENT;

COVENANT TO REPAIR.

leasehold adj. Held under a *Iease, i.e. for a period of fixed minimum duration. See

TERM OF YEARS ABSOLUTE.

leasehold ownership Ownership of property under a *Iease. The period of ownership depends on the terms of the lease; it may vary from a very short time, such as a week, to a very long period, such as 999 years. The tenant's ownership is also restricted by the terms of the lease. Under the Leasehold Reform Act 1967, holders of long leases (over 21 years) for houses may have a statutory right to purchase the freehold or extend the existing lease by 50 years (see ENFRANCHISEMENT OF TENANCY). The Leasehold Reform Act 1993 granted a similar right to leaseholders of flats.

leasehold valuation tribunal A body that handles disputes over service charges and over the purchase of leasehold property by tenants holding long leases; it also appoints managers of leasehold properties when the landlords' managers are not acceptable. Leasehold valuation tribunals started operating in 1997.

leave n. Permission given by the court to take some procedural step in litigation. Situations in which permission is required include *service out of the jurisdiction and appeals to higher civil courts (see APPELLATE JURISDICTION). Some items of evidence may be admissible only upon permission being granted by the trial judge.

leave to defend An order of the High Court on a summons for *summary judgment, granting the defendant leave to continue with his defence to the action. The leave may be conditional (e.g. subject to the defendant paying the whole or part of the claimant's claim into court) or unconditional.

legacy n. A gift of personal property effected by will (compare DEVISE). A general legacy is a gift of property not identifiable with a specific asset or fund; for example, a simple legacy of "£1000 to A" or "my shares to B". A specific legacy is a particular identifiable object, for example a named painting. It is liable to *ademption but is otherwise payable by the deceased's personal representatives in priority to general legacies. A demonstrative legacy is payable from a specified fund; for example, "£500 from the £1000 kept under my bed". Such a legacy is not adeemed if the testator disposes of the fund during his lifetime and is payable in priority to general legacies. Pecuniary legacies (i.e. gifts of cash) carry interest from one year after the testator's death. A residuary legacy is one that disposes of the whole of the testator's personal property after payment of debts and specific, demonstrative, and general legacies.

legal aid scheme A scheme under the Legal Aid Act 1988 whereby the payment of legal costs was made out of public funds for those unable to meet the costs themselves, provided that the person qualified under the financial and merits tests laid down under the scheme. There were separate provisions for civil and criminal cases. Civil legal aid had two components: legal advice and assistance (sometimes known as the *green form scheme) and legal aid. Under the former, payment was made to qualified lawyers under the scheme who provided legal advice and help preliminary to litigation. Under legal aid, payment was made for the provision of legal advice and assistance at all stages of litigation, including appeals. In criminal cases, the court determined whether or not legal aid was granted and made a legal aid order if it considered legal aid desirable in the interest of justice.

The legal aid scheme was replaced in April 2000 by the *Community Legal Service. Under this new scheme of legal aid and assistance, the green form scheme was replaced by the legal help scheme and legal aid was replaced by full representation; there are, in addition, intermediate levels of service.

legal assignment See ASSIGNMENT.

legal easement See EASEMENT.

legal estate Ownership of land or an interest in land either in *ree simple absolute in possession or for a *term of years absolute. Under the Law of Property Act 1925 these are the only forms of ownership that can exist as legal estates in land. All other forms, e.g. life interests and entailed interests, are equitable only.

legal fiction See FICTION.

legal fraud See CONSTRUCTIVE FRAUD.

legal help See COMMUNITY LEGAL SERVICE; GREEN FORM.

legal lease A contract or grant that creates an estate in land for a *term of years absolute. A legal lease must normally be created by deed; however, there are no formal requirements for the creation of a legal lease for a term that takes effect in possession and does not exceed three years at a full market rent without a premium. Under the Law of Property Act 1925,the *assignment of a legal lease of whatever duration must be effected by deed, otherwise it may only take effect as a contract to assign the term. A legal lease for more than 21 years must be registered

at the Land Registry (see LAND REGISTRATION). Compare EQUITABLE LEASE.

legal memory The period over which the law's recollection extends. Its commencement was arbitrarily fixed at 1189by the Statute of Westminster I 1275. Time before legal memory is referred to as time immemorial. Compare LIVING

MEMORY.

legal mortgage See MORTGAGE.

legal person A natural person (i.e. a human being) or a *juristic person.

legal rights 1. Rights recognized by the common law courts, as distinct from *equitable rights or interests recognized by the Court of Chancery. In their developed form, legal rights affect everyone whether or not they know (or ought to know) of their existence (hence the expression "legal rights bind the world"). 2. Generally, all rights recognized by the law (both common law and equity) as having legal existence and effect, as distinguished from moral rights.

legal separation See JUDICIAL SEPARATION ORDER.

Legal Services Commission See COMMUNITY LEGAL SERVICE.

Legal Services Ombudsman An official, appointed by the Lord Chancellor under the Legal Services Ombudsman (Jurisdiction) Order 1990,who is responsible for hearing complaints against solicitors, barristers, and licensed conveyancers made by their professional bodies.

legal year The period made up, in any year, of the four court *sittings.

legatee n. The person to whom a *legacy is given.

legislation n. 1. The whole or any part of a country's written law. In the UK the term is normally confined to *Acts of Parliament, but in its broadest sense it also includes law made under powers conferred by Act of Parliament (see DELEGATED

law made by virtue of the *royal prerogative. and Measures (see CHURCH 2. The process of making written law.

legislature n. The body having primary power to make written law. In the UK it consists of Parliament, i.e. the Crown, the House of Commons, and the House of Lords.

legitimacy n. The legal status of a child born to parents who were married at the time of his conception or birth (or both). (See also LEGITIMATION.) There is a presumption of legitimacy in all cases when the mother is married, so that children of the marriage are presumed to be the offspring of the mother's husband. This may be rebutted, however, either by showing that the husband was impotent or absent on the date on which the child must have been conceived or by *blood tests showing that he could not be the father. Children born of a voidable marriage annulled since 1949 are legitimate; those born of such a marriage annulled between 1937 and 1949 are legitimate only if the grounds of nullity were that the other spouse was of unsound mind or epileptic or suffering from a communicable venereal disease. Since 1959, children born of a void marriage are treated as legitimate if at the time of their conception or insemination at least one of their parents reasonably thought the marriage was valid and the father was domiciled in England at the time of the child's birth. The Family Law Reform Act 1987 provides that a child conceived, by a party to a marriage, through artificial insemination by a donor, is to be treated as a legitimate child of that marriage.

Under certain conditions (specified in the Family Law Act 1986) a person may seek a court declaration of his legitimacy. See also ILLEGITIMACY.

legitimate aim A prerequisite for interference with a *qualified right as set out