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

UK is currently 65 and for women 60. However, the government is harmonizing retirement ages at 65 for both men and women, in order to comply with EU law on *equal pay.

retirement of jury The withdrawal of the *jury from the court at the end of the trial so that they may decide on their verdict in private. The jury members are not allowed contact with the public until they reach (or fail to reach) a verdict. They may not afterwards disclose the content of their discussions in reaching a verdict.

retirement of trustees A right of trustees to be released from their trusteeship. Originally trustees were not allowed to retire, but retirement is now possible subject to certain safeguards. Under the Trusts of Land and Appointment of Trustees Act 1996, when there is no person nominated to appoint new trustees in the trust instrument and the beneficiaries are of full age, sound mind, and absolutely entitled, the beneficiaries may give a written direction to the trustees to retire from the trust.

retorsion (retortion) n. A lawful means of retaliation by one state against another. It is usually provoked by an equally lawful, but discourteous, act of the other state, such as trade discrimination measures that single out foreign nationals or by hostile propaganda produced via government-controlled sources of

information. See also REPRISALS; SANCTION; SELF-HELP.

retour sans protet [French: return without protest] A direction on a *bill of exchange to the effect that the bill should be returned without *protest if it is dishonoured.

retrial n. See NEW TRIAL.

retribution n. See PUNISHMENT.

retrospective legislation (retroactive legislation) Legislation that operates on matters taking place before its enactment, e.g. by penalizing conduct that was lawful when it occurred. There is a presumption that statutes are not intended to have retroactive effect unless they merely change legal procedure (see INTERPRETATION

OF STATUTES).

retrospective penalties See PENALTY.

return n. 1. A formal document, such as an *annual return or the document giving particulars of shares allotted and to whom (return of the allotment), which must be delivered to the Companies Registry within one month of *allotment.

2. The official result of the votes cast in an election.

return day The day specified in a summons for the hearing of the summons.

returning officer Under the Representation of the People Act 1983,a person - generally the sheriff of a county or chairman of a district or London borough council - designated by an order made by the Secretary of State to be responsible for the conduct of parliamentary elections.

revenue statute An Act of Parliament concerning taxation.

reversal of judgment The alteration of a *judgment on appeal, either wholly or in part.

reversion (reverter) n. The interest in land of a person (called the reversioner) who has granted some lesser interest than his own to another but has not disposed of the whole of his own interest. For example, if A grants land to B for life, A has an

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interest in reversion, since the land reverts to him on B's death. Similarly, a person who lets or sublets land to another retains an interest in reversion. The reversionary inter -st of a lessor can subsist as a legal estate, but the reversion after any other interest than a lease is necessarily an equitable interest.

reversionary lease Any lease for a term beginning at a future date. However, under the Law of Property Act 1925 a lease granted at a rent or for a capital sum is void if it is to take effect more than 21 years after it is executed.

reverter n. See REVERSION.

reverter of sites Reversion of land donated for charitable purposes to the donor or his successors in title when the land ceases to be used for the specified purposes. Many of these donations occurred under 19th-century statutes to enable voluntary schools, libraries, museums, and churches and chapels to be established. Since that time, many of these charitable purposes have ceased, and it has often proved difficult to trace the beneficial owners entitled to the reverter. Under the Reverter of Sites Act 1987, when a charitable purpose comes to an end, the trustees holding the land are given a right to manage it and keep it in repair. If the beneficial owner remains unidentifiable, the land can be sold and the proceeds used for charitable purposes.

revival of will The re-execution with proper formalities of a will that has been revoked other than by destruction, or the execution of a *codicil to it, showing the testator's intention that the will should be effective notwithstanding the earlier revocation. Under the Wills Act 1837 these are the only ways in which a will that has been revoked can be revived. A revived will operates as if executed at the time of its

revival. Compare REPUBLICATION OF WILL.

revocation of offer The withdrawal of an *offer by the offeror so that it can no longer be accepted. Revocation takes effect as soon as it is known to the offeree (from whatever source); offers can be revoked at any time before acceptance unless

they are coupled with an *option. See also LAPSE OF OFFER; REJECTION OF OFFER.

revocation of probate The cancellation by the court of a grant of probate that was obtained by fraud or mistake. The revocation does not affect those who have purchased assets of the estate from the executors before the revocation.

revocation of will The cancellation of a will. The testator may revoke his will by destroying it with that intention or by making a new will inconsistent with the original. A will is automatically revoked by the testator's valid marriage, unless it appears from the will that at the time it was made the testator was expecting to marry a particular person and that he intended his will not to be revoked by the marriage. A particular disposition in a will may similarly take effect in spite of the marriage. The dissolution of a marriage does not revoke a will but the Wills Act 1837 provides that in the event of divorce or annulment any devise or bequest to a former spouse lapses in the absence of contrary intention in the will.

right n. 1. Title to or an interest in any property. 2. Any other interest or privilege recognized and protected by law. 3. Freedom to exercise any power conferred by

law. See also HUMAN RIGHTS; NATURAL RIGHTS.

right of abode See IMMIGRATION.

right of action 1. The right to take a particular case to court (see CLAIM). 2. A chose in action (see CHOSE).

disposition generally remains a matter for the prerogative. There is a prerogative power, subject to the payment of compensation, to expropriate or requisition private property in times of war or apprehended war. Miscellaneous prerogative rights include the rights to *treasure trove and to *bona vacantia.An important immunity of the sovereign is the prerogative of perfection. The common-law maxim that "the King can do no wrong" resulted in the complete immunity of the sovereign personally from all civil and criminal proceedings for anything that he or she might do. This personal immunity remains, but actions may now be brought against the Crown under the Crown Proceedings Act 1947 (see CROWN

PROCEEDINGS).

If a statute confers on the Crown powers that duplicate prerogative powers, the latter are suspended during the existence of the statute unless it either abolishes them or preserves them as alternative powers.

royal proclamation A document by which the sovereign exercises certain prerogative powers (e.g. the summoning and dissolution of Parliament) and certain legislative powers conferred on her by statute (e.g. the declaration of a state of emergency; see

royal title See QUEEN.

royalty n. A sum payable for the right to use someone else's property for the purpose of gain. Royalties are paid on *wasting assets, which have a limited lifespan. For example, the royalty paid by a licensee to mine someone's land is a fixed sum per tonne of the mineral he extracts, and an author's royalty is similarly determined by the total number of his books the publisher sells. Royalties are paid generally for the licensing of *intellectual property.

RSC See RULES OF THE SUPREME COURT.

rule against bias See NATURAL JUSTICE.

rule against double portions A rule designed to ensure, as far as possible, equality between children entitled under a settlement and under a will, both made by the same person. Thus if a father promises to pay substantial sums of money to certain of his children to advance them and at his death the money has not been paid, but the children (together with others) are entitled to legacies under his will, the payment of the legacies and the moneys due under the settlement will be considered together. Thus if an advancement of £10,000 and a legacy of £5000 are due to one son and a legacy of £10,000 is due to another son, the first son will not receive his legacy, to ensure equality between the children. See HOTCHPOT.

rule against inalienability A rule that prevents property from being rendered incapable of transfer within the perpetuity period, i.e. a life presently existing plus a period of 21 years. A gift that prevents transfer within this period is void. The rule is similar to the *rule against perpetual trusts.

rule against perpetual trusts The rule that prohibits noncharitable trusts from lasting beyond the perpetuity period, i.e. a lifetime presently existing plus a period of 21 years. A trust that may last beyond that period is void. Compare

INALIENABILITY; RULE AGAINST PERPETUITIES.

rule against perpetuities (rule against remoteness of future vesting) A rule developed by the *common law to enable a court to declare void any future or postponed interest in property that might possibly vest (i.e. become enjoyable as of right) outside the perpetuity period. This comprises (1) the lifetimes of persons

441 running with the land

mentioned (or mentioned by implication) in the disposition who are alive at that time and whose existence governs the timing of the vesting of the future interest (the relevant lives in being), plus (2) 21 years, plus (3) (in the case of a posthumous beneficiary) any actual period of gestation. The period runs from the date of execution of the deed or, if the disposition is contained in a will, from the death of the testator. The purpose of the rule is to prevent land being tied up for an indefinite period, which would hinder its ultimate disposal.

The common law rules relating to perpetuities have been supplemented (though not replaced) by the Perpetuities and Accumulations Act 1964. When a disposition would otherwise be void under the common law rules, the Act allows a period in which one can wait and see whether the interest will in fact vest within the perpetuity period; only if it becomes clear that it cannot do so will the disposition be void. For these purposes, the perpetuity period is varied in that the Act provides a new list of lives in being (the statutory lives in being). The Act also provides for a fixed perpetuity period unrelated to lives.

rule against remoteness of future vesting See RULE AGAINST PERPETUITIES.

rule in Saunders v Vautier [from the case Saunders v Vautier (1841)J A rule under which the beneficiaries of a trust, if of full age (18), sound mind, and between them wholly entitled to the trust property, may direct the trustees to end the trust and transfer the trust property to themselves as beneficiaries absolutely.

rule of law 1. The supremacy of law. 2. A feature attributed to the UK constitution by Professor Dicey (Law of the Constitution, 1885). It embodied three concepts: the absolute predominance of regular law, so that the government has no arbitrary authority over the citizen; the equal subjection of all (including officials) to the ordinary law administered by the ordinary courts; and the fact that the citizen's personal freedoms are formulated and protected by the ordinary law rather than by abstract constitutional declarations.

rules of court Rules regulating the practice and procedure of a court, usually made by a rule committee acting under a statutory power. See also CIVIL PROCEDURE

RULES; CROWN COURT RULES.

Rules of the Supreme Court (RSC) Formerly, rules governing the practice and procedure of the *Supreme Court of Judicature. The rules were made under a statutory power by the Supreme Court Rule Committee, a body appointed by the *Lord Chancellor and comprising himself, the *Master of the Rolls, the heads of the Divisions of the High Court, and four practitioners. The Rules were revoked in 1999 by the *Civil Procedure Rules, which have re-enacted some of the rules of the RSC.

running-account credit (under the Consumer Credit Act 1974) A facility under a *personal-credit agreement that enables a debtor to receive periodically from the creditor or a third party cash, goods or services to an amount or value that does not exceed the *credit limit (if any), taking into account payments made by or to the credit of the debtor. Examples are bank overdrafts and credit cards. The credit provided will be taken not to exceed £25,000 and the agreement will be a consumercredit agreement if the credit limit does not exceed £25,000. The Act specifies three situations in which running-account credit will not exceed £25,000 in cases in which there is no credit limit or, if there is, it exceeds £25,000.

running days See LAY DAYS.

running with the land See COVENANT RUNNING WITH THE LAND.

Rylands v Fletcher, rule in A principle of strict liability for dangerous things accumulated on land that escape from the land and cause damage. It was first stated in the case Rylands v Fletcher (1868). in which the defendant had a reservoir built on his land that caused flooding of the claimant's mine. The accumulation of dangerous things must constitute a non-natural use of the land. A use is non-natural in . modern law if it is a special use creating an abnormal risk of damage. The occupier of the land is liable for damage caused by an escape if the damage is of a kind that is a reasonably foreseeable consequence of the escape. subject to the defences of common benefit. act of a stranger. statutory authority. consent of the claimant. default of the claimant. or act of God.

5

s. (pl. 55.) The recognized abbreviation used in citing a particular section of a statute. as in "s, 4". "ss. 70-73".

Sabbath n. See SUNDAY TRADlNG.

sabotage n. Damage to or destruction of property. especially the property of an employer during a strike or of the state for political reasons. Sabotage as such is not an offence. although it may be treated as *criminal damage. The courts have. however. interpreted the phrase "prohibited place" in the Official Secrets Act 1911 to bring sabotage against the state within the scope of that Act. even though it is clear that Parliament's intention was only to prohibit spying. See OFFICIAL SECRETS.

safe haven A zone of territory within a sovereign state demarcated by the United Nations (or other international organization) as a refuge to which a persecuted *ethnic minority can choose to retire. While within such a zone the ethnic minority is afforded military protection by the body that established the zone. The international community set up safe havens in Iraq and the former Yugoslavia in response to acts of systematic persecution carried out by the government of the sovereign state concerned against part of its own population. See also HUMANITARIAN

INTERVENTION.

safety at work Every employer has a common-law duty to take reasonable care for his employees' health. safety. and welfare at work: he may be sued in the courts for damages if an employee is injured through the employer's negligence or failure to observe the safety regulations. The employer cannot contract out of this liability and. under the Employers' Liability (Compulsory Insurance) Act 1969. must insure against his liability for employees' injuries and diseases sustained or contracted at work. The Health and Safety at Work Act 1974 further requires employers to ensure. as far as is reasonably practicable. that their working methods. equipment. premises. and environment are safe and to give such training. information. and supervision as will ensure their employees' health and safety (see HEALTH AND SAFETY COMMISSION). Anyone employing more than five persons must maintain a written statement of his general policy concerning his employees' health and safety (dealing. for example. with safety rules and protective clothing) and must keep them informed of it. He must also give relevant information to the *safety representatives of his employees' trade unions and establish a *safety committee where appropriate.

The Employment Act 1989 contains legislation for the protection of female workers. It is prohibited to employ women in a factory within four weeks of childbirth; to employ women in a range of processes involving lead or lead compounds; and to employ women in a range of processes in the pottery industry. There are also restrictions on women working on ships and aeroplanes during pregnancy.

Employees also have a duty to take reasonable care for their own health and safety. for example by complying with safety regulations and using protective equipment supplied to them. Employers and employees who fail to comply with the requirements of the Health and Safety at Work Act 1974 face prosecution in the criminal courts. An employee dismissed for health and safety reasons is under certain circumstances regarded as having been unfairly dismissed. It is also regarded

are unclear. If the settlor discharges his obligation by an act different from that required, the obligation is said to be satisfied provided that the act he does is a sufficient substitute for the act he is charged to do. Thus if he owes a debt and leaves a legacy of the same or a greater amount to the creditor, the creditor is satisfied. Closely analogous to satisfaction are cases in which payment of a legacy is satisfied by payment of a *portion and one legacy is satisfied by payment of another (see ADEMPTION): in these cases, however, there is no prior obligation owed by the settlor.

satisfactory quality An *implied condition that goods sold in the course of business will meet the standard that a reasonable person would regard as satisfactory. In assessing this, account is taken of any description of the goods, the price (if relevant), and all other circumstances. The quality of goods includes their state and condition, taking account of their fitness for purpose, appearance and finish, freedom from minor defects, safety, and durability. Most commercial agreements exclude the implied conditions and replace them with express *warranties, although unreasonable exclusions in standard-form contracts, even between two businesses, may be void under the law relating to *unfair contract terms. Satisfactory quality replaced the term merchantable quality by the Sale and Supply of Goods Act 1994, with effect from 3 January 1995.

satisfied term The expired period of an interest in land for a term of years created for a specific purpose that has been fulfilled. For example, when land under a *strict settlement is assigned to trustees for a term of years on trust to raise capital sums for members of the settlor's family, the term is satisfied when the sums have been raised. Under the Law of Property Act 1925, the estate or interest in the land ceases when the purpose is fulfilled. A term of years that has not expired although the purpose for which it was created has been fulfilled is called an outstanding term.

Saunders v Vaufier See RULE IN SAUNDERS V VAUTIER.

scandalous statement A statement that is irrelevant and abusive. When such a statement appears in statements of case or in an affidavit the court or a judge may order it to be struck out.

schedule n. An appendix to an Act of Parliament or other legislation that deals with points of detail supplementary to the main part.

scheme n. A document, normally approved by the court, that contains provisions for the management or distribution of property or for resolving a dispute concerning allegedly conflicting rights. For example, the court or the *Charity Commissioners may approve a scheme for the management of a charitable trust.

scheme of arrangement 1. An agreement between a debtor and his creditors to arrange the debtor's affairs to satisfy the creditors. The debtor usually agrees to such an arrangement in order to avoid *bankruptcy. If the arrangement is agreed when no *bankruptcy order has been made, it is governed primarily by the ordinary law of contract. However, if it is for the benefit of the debtor's creditors generally, or if the debtor is insolvent and it is for the benefit of at least three of his creditors, it is a *deed of arrangement and subject to statutory control unless it is a voluntary arrangement. An arrangement agreed after a bankruptcy order has been made is governed by the statutory provisions relating to bankruptcy (see VOLUNTARY ARRANGEMENT). 2. An agreement between a company and its creditors or members when the company is in financial difficulties or to effect a *takeover. It must be

approved by a majority in number (holding 75% in value) of those creditors or members at separate meetings and sanctioned by the court. All creditors or members involved in the scheme are bound by it, although the court can make special provision for those who dissent (Companies Act 1985). Agreements with company creditors can often be more conveniently concluded by *voluntary arrangement under the Insolvency Act 1986.

Schengen Agreement The agreement between most member states of the European Union (but not the UK) to abolish internal border controls. It came into force on 26 March 1995. See also PASSPORT.

scienter rule See CLASSIFICATION OF ANIMALS.

Scottish Parliament A body established by the Scotland Act 1998 (and operative from July 1999), having 129 elected members (Members of the Scottish Parliament; MSPs) and possessing limited primary legislative powers over such matters as health, school education, and forestry, as defined within the Act. It may alter the basic rate of income tax in Scotland by up to three pence in the pound. The Scottish Executive (the devolved government of Scotland) is formed by the party or parties with the majority of seats in the Parliament. See DEVOLUTION.

Scott Schedule A document used in *official referee's business for giving *particulars when the claim is in respect of a large number of individual items (e.g. a landlord's claim for dilapidations). The Scott Schedule is divided into columns providing for (1) the consecutive numbering of the items; (2) the full description of each item; (3) the contention of each party against each item as to liability or amount; and (4) a column for the use of the court. It is named after a former official referee.

scuttling n. Sinking a ship (particularly with a view to making a fraudulent insurance claim) by making or opening holes in its hull to allow the entry of water.

seal n. Wax impressed with a design and attached to any document as a sign of its authenticity; alternatively, an adhesive wafer or anything else intended to serve the purpose of a seal may be used. Under the terms of the Law of Property (Miscellaneous Provisions) Act 1989, *deeds no longer require a seal in order to be validly executed.

SEAQ (Stock Exchange Automated Quotations System) See QUOTATION.

search 1. vb. To examine the registers maintained by HM Land Registry, the Land Charges Department, or the registers of local land charges during an *official search. 2. n. See

search before Crown Court The searching of a person on the order of the Crown Court when that person has been ordered by the court to pay a fine or to pay money for some other reason (e.g. forfeiture of a *recognizance). Any money found on the person can be used towards payment of the sum due, any excess being returned.

search of ship The right that a belligerent power has during wartime, under public international law, to search any ship of a neutral power on the high seas in order to discover whether it is carrying *contraband.

search order An order made by the High Court (usually the Chancery Division) requiring a defendant to permit a claimant or his representatives to enter the

the age of 16. In determining whether or not to make such an order, the court must treat the child's welfare as paramount.

section 30 order (parental order) An order of the court made under section 30 of the Human Fertilization and Embryology Act 1990,which provides for a child to be treated in law as the child of the parties to a marriage if the child has been carried by a woman other than the wife as a result of *human assisted reproduction. Application must be made within six months of the child's birth

and the child's home must be with the husband and wife at the time of the application.

section 37 investigation An investigation of a child's circumstances ordered by the court to be carried out by a local authority when the court has cause for serious concern about the child's upbringing. The order may be made in any *family proceedings, for example when an application for a residence or contact order is being made by a parent (see SECTION 8 ORDERS). The local authority carrying out the investigation must consider whether it should apply for a *care order or a *supervision order or assistance for the child or its family or take any other action with respect to the child.

section 47 enquiry An enquiry carried out by a local authority in order to enable it to decide whether or not it should take any action to safeguard and promote the welfare of a particular child. The local authority is under a duty to carry out such an investigation if it has reasonable cause to suspect that a child is suffering or likely to suffer significant harm, or is the subject of an *emergency protection order, or is in police protection (see POLICE PROTECTION ORDER). As a result of its enquiries a local authority might decide that no action is required; alternatively, it may decide that the family in question is in need of support and provide the appropriate services, or it may apply for an emergency protection order, a *care order, a *supervision order, or a *child assessment order. If, in the course of its enquiries, a local authority is denied access to a child, it should immediately apply to court for an emergency protection order.

sector theory A proposed basis for national claims to sovereignty over both the Arctic and Antarctica. The sector theory delineates a meridian line from the pole to the farthest extremity of the contiguous state's land mass. All territory within that sector is thereupon purported to be under the sovereignty of the claimant state. It should be.noted that this theory is not universally recognized as the sole basis for claiming territory in these regions.

secure accommodation order An order that allows a local authority to restrict the liberty of a child whom it is looking after by placing him in secure accommodation. Under the Children Act 1989 such orders may only be sought in respect of a child who has a history of absconding from unsecure accommodation and who, if he does abscond, is likely to suffer significant harm.

secured creditor A person who holds some security, such as a mortgage, for money he has lent. If the debtor becomes bankrupt the creditor has a choice. He may surrender his security and claim the amount of the debt from the bankrupt's assets; he may realize or evaluate the security and claim any balance of the debt in excess of the value of the security; or he may rely on the security and not make any claim in the bankruptcy proceedings. Compare UNSECURED CREDITOR.

secure tenancy A residential tenancy in which the tenant has statutory protection if he occupies the rented property as his home. It applies only if there is

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a certain kind of landlord, such as a local authority, the *Housing Corporation, or a *housing action trust. Certain tenants are excluded from protection; these include students, the occupants of almshouses, licensed premises, and accommodation for the homeless, and those renting accommodation on long leases or who have a *service tenancy.

If a secure tenancy is for a fixed term, the tenancy continues at the end of the term as a *periodic tenancy. A landlord can only terminate a secure tenancy by serving a notice on the tenant in a special statutory form and can only obtain possession with the tenant's consent or, if this is refused, by a court order. An order is granted only if the landlord has statutory grounds similar to those required in the case of an *assured tenancy. When the holder of a secure tenancy dies, his spouse or a member of his family who has lived with him for the past 12 months can succeed him as tenant. Under certain conditions, secure tenants have a right to buy their rented property, at a discount on the market value of the property, and with their landlord supplying a mortgage. The Housing Act 1988 contains provisions for the transfer of public-sector housing to the private sector and to housing action trusts.

See also INTRODUCTORY TENANCY.

secure training order See JUVENILE OFFENDER.

securities pl. n. Loosely, *stocks, *shares, *debentures, *bonds, or any other rights to receive dividends or interest. Strictly, the term should only be used for rights backed by some sort of security, as in the case of debentures.

Securities and Investment Board (SIB) The agency set up under the Financial Services Act 1986 to ensure that those who are engaged in investment business (including dealing in, arranging deals in, and managing investments and also giving investment advice) are honest, competent, and solvent. It is an offence, unless exempt, to carryon investment business without SIB authorization (which may be obtained directly or via membership of a recognized *self-regulatory organization or professional body). Those in contravention may be unable to enforce transactions, and investors who suffer loss may be entitled to compensation. The composition of the Board must reflect a proper balance between the interests of those who carryon investment business and the interests of the public.

Security Council (of the UN) See UNITED NATIONS.

security for costs A sum payable by a claimant to a civil action as a condition of being permitted to continue with the action. The court has discretion as to whether or not to order security for costs and may exercise it only in four circumstances: (1) when the claimant is ordinarily resident out of the area of the jurisdiction; (2)when the claimant is suing on behalf of someone who will be unable to pay the defendant's costs if ordered to do so; (3)when the claimaint's address is dishonestly not stated or incorrectly stated on the originating process; or (4) the claimant has changed his address during the course of the proceedings in order to evade the consequences of the litigation. A defendant may not be ordered to give security for costs. When security is ordered the claimant is usually ordered to pay a sum into court.

security of tenure Statutory protection given to tenants that restricts landlords' rights to obtain possession. The conditions for obtaining possession vary according to the kind of tenancy, but a court order is usually required. See AGRICULTURAL HOLDING;

ASSURED AGRICULTURAL OCCUPANCY; ASSURED SHORTHOLD TENANCY; ASSURED TENANCY; BUSINESS TENANCY; LONG TENANCY; PROTECTED TENANCY; PROTECTED OCCUPANCY; SECURE TENANCY; STATUTORY TENANCY.