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

adoptive leave as from 2003. In addition to the introduction of parental leave in 1999, provisions were introduced allowing for employees to take time off for domestic emergencies. Employees are entitled to a reasonable amount of unpaid time off in order to take action that is necessary in the following situations:

(1)To provide assistance on an occasion when a dependant falls ill, gives birth, or is injured or assaulted.

(2)To make arrangements for the provision of care for a dependant who is ill or injured, or in consequence of the death of a dependant.

(3)Because of the unexpected disruption or termination of arrangements for the care of a dependant.

(4)To deal with an incident that involves a child of the employee and occurs unexpectedly in a period during which an educational establishment the child

attends is responsible for him.

parental order See SECTION 30 ORDER.

parental responsibility All the rights, duties, powers, and responsibilities that by law a parent of a child has in relation to the child and his or her property. The concept was introduced by the Children Act 1989,replacing *custody. Parental responsibility is automatically conferred on both parents if married, and on the mother alone if not. An unmarried father can acquire parental responsibility either by agreement with the mother or by applying to court for a *parental responsibility order. In determining whether to grant such an order the court must treat the child's welfare as its paramount consideration. Both parents retain parental responsibility on divorce. Other persons may acquire parental responsibility by virtue of being granted other orders. For example, anyone in whose favour a residence order (see SECTION 8 ORDERS) is made acquires parental responsibility for the duration of that order, and a *care order or an *emergency protection order confer parental responsibility on the relevant local authority. In all these cases, parental responsibility is shared with the parents. See also

parental responsibility agreement A formal agreement between the mother and unmarried father of a child conferring *parental responsibility on the father. The agreement must be made on a set form, be signed and witnessed, and be registered in the Principal Registry of the Family Division in London. Once made, the agreement cannot be revoked by either party. Only a court may bring a parental responsibility agreement to an end - on the application of either party with parental responsibility or by the child himself if he has been given permission by the court to apply.

parental responsibility order An order made by a court conferring *parental responsibility on an unmarried father. In determining whether or not to make such an order, the court must treat the child's welfare as its paramount consideration. Courts will usually grant a parental responsibility order to a father who is able to demonstrate some degree of commitment and attachment to his child. A parental responsibility order may be revoked by a court.

parent company See SUBSIDIARY COMPANY.

parenting order An order, introduced by the Crime and Disorder Act 1998, that requires the parent or guardian of a child under the age of 16 to comply, for a period not exceeding 12 months, with such requirements as the court considers necessary for preventing offences being committed by this child. Parents whose children have been made the subject of a *child safety order may be required to attend courses that will assist them with their parenting skills. The rationale behind

the introduction of such orders was that inadequate parental supervision is thought to be strongly associated with youth offending.

parents'liability Parents are not liable for their children's torts, but they may be liable for their own negligence in failing to supervise or train young children, where the absence of supervision or training has led a child to cause damage to others. In the case of older children, a parent can be vicariously liable for the torts of a child employed as a servant or agent on ordinary principles of *vicarious liability. There is no fixed age determining a child's liability for its own torts. A child may, however, be too young to form the intention necessary for a particular tort. In cases in which the negligence or contributory negligence of a child is in question, the test applied is whether the child's conduct measured up to the standard of care to be expected from an average child of that age.

Parents are not legally responsible for their children's crimes, although they may have to pay their *fines.

parent with care See CHILD SUPPORT MAINTENANCE.

parish n. A *local government area in England (outside Greater London) consisting of a division of a *district (though not all districts are so divided). All parishes have meetings and many have an elected parish council, which is a *local authority with a number of minor local governmental functions (e.g. the provision of allotments, bus shelters, and recreation grounds). A parish council may by resolution call its area a town, itself a town council, and its chairman the town mayor. The Local Government and Rating Act 1997(effective from 19 May 1997) gives extra powers to parish councils in relation to rights of transport and crime prevention.

Paris Treaty The treaty, signed in Paris on 18 April 1951, that formed the *European Coal and Steel Community. Many of its provisions are similar to those of the later *Treaty of Rome, establishing the EEC, for example in the fields of *competition law and *state aid.

parking offences Offences relating to parking a motor vehicle. These include parking a vehicle within the limits of a pedestrian crossing or wherever signs or kerb markings indicate that parking is prohibited or restricted and failing to comply with the regulations associated with the use of parking meters. If the accused can show that road markings or signs indicating parking restrictions were absent or deficient, he may be acquitted. Parking offences are punishable by fine only; they are not subject to endorsement. See also OBSTRUCTION.

parlementaire n. [from French parlementer, to discuss terms; parley] An agent employed by a commander of a belligerent force in the field whose function is to go in person within the enemy lines for the purpose of communicating or negotiating openly and directly with the enemy commander.

Parliament n. The legislature of the UK, consisting of the sovereign, the House of Lords, and the House of Commons. Under the Parliament Act 1911, the maximum duration of any particular Parliament is five years, after which its functions expire. In practice, a Parliament's life always ends by its earlier dissolution by the sovereign under the *royal prerogative; this proclamation also summons its successor. The date of dissolution is chosen by the Prime Minister. The life of a Parliament is divided into sessions, normally of one year each, which are ended when Parliament is prorogued (also under the prerogative) by a royal commission. Each House divides a session into sittings, normally of a day's duration, which end when a motion for adjournment is passed. The functions of Parliament are the enactment

a lease or tenancy is granted for valuable *consideration.

per autre vie See ESTATE PUR AUTRE VIE.

per capita [Latin: by heads] For each person. Distribution of an estate or fund per capita is an equal distribution in the specified shares among all those entitled to it. Compare PER STIRPES.

per curiam (per cur.) [Latin] By the court. A proposition per curiam is one made by the judge (or, if there is more than one judge, assented to by all).

peremptory challenge See CHALLENGE TO JURY.

peremptory norm See JUs COGENS.

peremptory pleas See PLEAS IN BAR.

perfect and imperfect rights Legally recognized rights. Perfect rights are enforceable through court action but imperfect rights are not.

perfect trust See EXECUTED TRUST.

performance bond See BOND.

performance of contract The carrying out of obligations under a contract. Performance by both parties discharges the contract completely; performance by one party discharges him alone. The rules relating to performance distinguish between a divisible contract and an indivisible (or entire) contract In a divisible contract the obligations of the parties are independent of each other, so that one party can demand performance by the other without rendering performance himself. Thus a landlord, though liable to be sued by his tenant for not carrying out a repairing covenant, is not prevented by his own default from enforcing the tenant's covenant to pay rent. Most contracts, however, are indivisible, i.e. the obligations of the parties are interdependent. Neither party can demand

performance unless he himself either has performed or is ready and willing to do so. At common law, complete and precise performance was originally required, so that

a party who rendered anything short of this (for example, a builder who carried out the contract work, but defectively in some respects) could recover nothing for his efforts. This extreme position was subsequently modified by the doctrine of substantial performance. A party who has substantially performed his obligations can now recover the contract price, reduced by damages awarded to the other party in respect of the defects.

A tender of performance is the equivalent of performance, so that a seller who tenders the correct goods is discharged from the contract (and entitled to damages for breach) if the buyer rejects them. Vicarious performance (e.g. by a subcontractor) is good performance, except when personal performance is demanded by the contract. See also PART PERFORMANCE; SPECIFIC PERFORMANCE.

performers'rights The rights of performers, such as musicians, in the live performance of their works, to prevent others recording their performances. The rights are also infringed if anyone broadcasts a qualifying performance under the Copyright, Designs and Patents Act 1988 without consent or imports a recording of such a performance knowing that it was an illicit recording. The right is owned by the performer, although in commercial practice many performers enter into exclusive recording contracts in relation to their works, which give recording rights to a record company; in this case the company obtains *copyright in the sound

recording and the performer loses his rights for the duration of the contract. The Copyright Term Directive 93/98 harmonized EU law in this area. Performers' rights must be protected under national law; the right must exist for 50 years from the end of the calendar year in which the performance takes place.

perils of the seas One of the heads of risk included in a marine insurance policy. It covers the insured against loss caused by fortuitous accidents or casualties of the seas, e.g. such events as unusual violence of wind or waves, striking submerged rocks, and collisions with other ships. The ordinary action of wind and waves in causing wear and tear is not, however, regarded as a peril of the seas.

per incuriam [Latin] Through lack of care. A decision of a court is made per incuriam if it fails to apply a relevant statutory provision or ignores a binding precedent. In criminal cases a decision made per incuriam will usually result in the conviction being quashed.

periodic tenancy A tenancy in which rent is payable at fixed intervals, usually weekly, monthly, quarterly, or yearly. The tenancy continues automatically from one period to another until terminated by *notice to quit. Periodic tenancies can be created by express agreement, orally or in writing. Alternatively they can be created by implication when rent is accepted by the owner of the land from the person who occupies it. This may arise, for example, when a tenant under a *fixed-term tenancy remains in possession at the end of his tenancy and the landlord continues to accept rent from him. The length of notice required to terminate the tenancy is usually the same as one of the periods of the tenancy.

perished goods Under the Sale of Goods Act 1979, goods under a contract of sale that have been either totally destroyed or so damaged that they no longer fit the contract description. The Act provides that a contract is void if it relates to specific goods that, unknown to the seller, have perished before it is made. If the goods perish after the contract is made, this event will make the contract void unless the risk has by then passed to the buyer (see TRANSFER OF RISK). These two propositions give statutory recognition to common-law rules relating to *mistake and *frustration of contract, respectively.

perjury n. The offence of giving false evidence or evidence that one does not believe to be true (even if it is in fact the truth). It is punishable by up to seven years' imprisonment and/or a fine. The offence may be committed by any witness who has taken the oath or affirmed, by the defendant at any stage of the trial, and by an interpreter. Perjury is only committed, however, in judicial proceedings, which include any proceedings before a court, tribunal, or someone with the power to hear evidence on oath (e.g. Commissioners of Income Tax hearing appeals against tax assessments). The evidence given must be relevant to the proceedings and must be given with knowledge that it is false or recklessly.

The Perjury Act 1911 also creates various offences related to perjury. These include making a false statement on oath in nonjudicial proceedings and making a false statement or declaration relating to marriage (e.g. to obtain a licence to marry or make an entry in a register of marriage) or to the registration of a birth or death. These offences are punishable by up to seven years' imprisonment on indictment. The offences of making a false statement in a statutory declaration or in any account, balance sheet, or document required to be made by Act of Parliament are punishable by up to two years' imprisonment.

See also SUBORNATION.

Permanent Court of Arbitration A standing panel of jurists established in 1900

plea n. 1. A formal statement in court by or on behalf of an accused person as a response to the charge made against him. See also GUILTY; NOT GUILTY; PLEAS IN BAR. 2. A defendant's answer to a claimant's declaration in an action at common law.

plea bargaining An agreement between the prosecution and the defence by which the accused changes his plea from not guilty to guilty in return for an offer by the prosecution (for example, to drop a more serious charge against the accused) or when the judge has informally let it be known that he will minimize the sentence if the accused pleads guilty. Any negotiations taking place between the judge and defence counsel must be in the presence of the prosecuting counsel: the accused is not a party to the negotiations. The accused must be allowed to make up his own mind freely about the proposals.

plead vb. To make a *plea.

pleading n. In colloquial usage, the claim form, defence, or any other document used in civil proceedings. The *Civil Procedure Rules have rendered this term obsolete, and it no longer has any formal meaning; pleadings are now called *statements of case. However, it continues to be used informally by both lawyers and lay people.

pleading guilty by post A procedure that allows a person to plead guilty to certain minor offences by letter without appearing at the court. The procedure applies only to *summary offences punishable with a maximum of three months' imprisonment. The accused may send details of any mitigating circumstances and these are read out to the court. The court cannot sentence a person who has pleaded guilty by post to imprisonment in his absence or disqualify him from driving without warning him of the possibility and giving him the opportunity to appear.

pleading in the alternative In civil cases, the process of including in a statement of case two or more inconsistent allegations and inviting the court to grant relief in respect of whichever allegation it finds to be well-founded.

pleas in bar (peremptory pleas) Pleas in *trials on indictment setting out some special ground for not proceeding with the indictment. There are four such pleas: *autrefois acqUit, *autrefois convict, pardon, and special liability to repair a road or bridge.

plebiscite n. A public referendum or vote by the population of a territory to determine its choice of a sovereign or a *cession of territory to another state.

pledge n. See PAWN.

plene administravit [Latin: he has fully administered] The defence of a personal representative who has completed administration of a deceased's estate to a creditor's action to recover a debt of which he had no knowledge. Unless the creditor can prove that the personal representative still holds assets of the estate, he will obtain a judgment enforceable only against any such assets coming into the personal representative's hands in the future.

plough bote See ESTOVERS.

poaching n. Taking game without permission from private land or from land on which the killing of game is restricted. Wild animals cannot usually be stolen; there

are, however, various statutory offences to cover poaching that do not amount to theft. For example, the Deer Act 1980 creates offences relating to taking, killing, or injuring deer or trespassing on land with the intention of committing any of these acts. Conviction may involve *forfeiture of the game taken or of the equipment and vehicles used in poaching. There are also special offences relating to taking or destroying fish in private waters or in waters with a private right of fishery. There is special legislation dealing with the poaching of endangered species.

poison n. A substance that, if ingested, is capable of endangering life or injuring health. It is an offence (punishable by up to five years' imprisonment) to cause someone to consume a poison or any other noxious substance (which can include drugs or alcohol administered in such quantities as to be harmful) with the intention of injuring or annoying them, even if no injury results. It is also an offence (punishable by up to ten years' imprisonment) to cause someone to consume such substances so that their life is endangered or they suffer grievous bodily harm as a result, even if this was not intended. Administering poison with the intention of killing someone or causing them serious harm may amount to an attempt to murder or to cause *grievous bodily harm. In both cases the attempt will be punishable with a maximum sentence of life imprisonment.

The sale of poisons is controlled by various statutes, principally the Medicines Act 1968 and Poisons Act 1972.

police authorities See POLICE FORCE.

Police Complaints Authority An independent body established under the Police and Criminal Evidence Act 1984 to supervise the investigation of complaints against the police. The Authority considers reports by chief constables on the results of such investigations and has power to direct that disciplinary charges be preferred. It may also direct that the charges be heard by a disciplinary tribunal consisting of the chief constable and two members of the Authority.

police court A *magistrates' court.

police force A body of police officers maintained for a police area by a police authority. In England and Wales there are five police authorities (Devon and Cornwall, Dyfed Powys, Greater Manchester, South Wales, and Thames Valley). London has the Metropolitan Police Authority, and Northern Ireland has the Police Authority for Northern Ireland. Police authorities consist of local councillors, magistrates, and independent members. They are responsible for maintaining adequate and efficient forces and (except in London), subject to the Home Secretary's approval, for appointing chief constables. (The London forces have Commissioners, and the appointment of the Commissioner of Police of the Metropolis is technically by the Crown.) Police authorities, do not, however, exercise operational or managerial control, although they are responsible for ensuring that authorities comply with their statutory duties of *best value. Appointments to a police force, and the direction of its operations, are matters for the chief constable or Commissioner, and its detailed management is largely determined by regulations made by the Home Secretary.

police officer A person who, whatever his rank within a police force, holds the ancient office of constable, i.e. one who has undertaken to serve the Crown as an officer of the peace. His office is, in law, independent. He is not technically a Crown servant, since the Crown neither appoints him nor pays him, nor is he a local authority employee. See POLICE FORCE.