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

cease to be a ward. Any child who is actually in England or Wales (or ordinarily resident in England or Wales) may be made a ward of court, even though he is neither domiciled there nor a British subject. Marriage of a ward does not necessarily terminate the wardship.

wardship n. The jurisdiction of the High Court to make a child a *ward of court and assume responsibility for its welfare. The jurisdiction is almost unlimited, although subject to consideration of the child's welfare and, to some extent, the rights of other persons and the public interest. The court exercises detailed control of the ward: it may appoint the Official Solicitor to act as his children's guardian and may order either parent to make periodical payments for his maintenance. Wardship proceedings are heard in private and the usual rules of evidence may be relaxed (e.g.in respect of hearsay evidence). The court may enforce its orders by injunction; breach of this or tampering with the ward may constitute contempt of court.

Wardship proceedings are usually used (1) when there is a dispute between estranged parents but no divorce proceedings have been started; (2) when a foster parent or potential adopter wishes to prevent relatives interfering with the child or when a third party wishes to remove the child from parents who are considered unfit to have parental responsibility; (3)when a child has been "kidnapped" by a parent; (4) to exercise control over a wayward child; and (5) to control medical treatment, such as sterilization, even when this is contrary to the wishes of the child. Any person who can establish a proper interest in the child may apply for wardship (including the child himself), but the Children Act 1989 restricts the right of local authorities to use wardship proceedings. It also repeals the court's power to commit a ward to the care or supervision of a local authority. Since the Children Act came into force use of wardship may be limited as the court may prefer to make a *section 8 order instead.

war injuries It is normal in the UK on the outbreak of war to enact provisions (e.g. the Personal Injuries (Emergency Powers) Act 1939) excluding civil liability for injuries caused by the discharge of missiles, the use of weapons, explosives, etc.

warned list See CAUSE LIST.

warning of caveat A notice given to a person who has entered a *caveat warning him to appear and state what his interest is.

warrant ri. 1. A document authorizing some action, especially the payment of money. A warehouse (or wharfinger's)warrant is issued when goods are taken into a public warehouse and must be produced when they are removed. This document is negotiable and transferable by endorsement. See also ENFORCEMENT OF JUDGMENT; SHARE WARRANT. 2. A written document issued by a magistrate for the *arrest of a person or the search of his property (see POWER OF SEARCH). When a suspect has fled abroad and there is an extradition treaty covering the offence he is suspected of, the magistrate who has jurisdiction over the place in which the offence was allegedly committed may issue an arrest warrant to enable the Director of Public Prosecutions and the Home Secretary to extradite the suspect. See also

GENERAL WARRANT.

warrant backed for bail See BACKED FOR BAIL.

warranty n. 1. (in contract law) A term or promise in a contract, breach of which will entitle the innocent party to damages but not to treat the contract as discharged by breach. Compare CONDITION. See also INNOMINATE TERMS. 2. (in insurance

law) A promise by the insured, breach of which will entitle the insurer to treat the contract as discharged by breach. The word therefore has the same meaning as *condition in the general law of contract. 3. Loosely, a manufacturer's written promise as to the extent he will repair, replace, or otherwise compensate for defective goods; a *guarantee.

war risks Under the Marine and Aviation Insurance (War Risks) Act 1952, risks arising from hostilities, rebellion, revolution, and civil war or from civil strife resulting from such events.

waste n. 1. Any alteration of tenanted property that is caused by the tenant's action or neglect. It includes damage, deterioration, and improvement (see

AMELIORATING WASTE; EQUITABLE WASTE; PERMISSNE WASTE; VOLUNTARY WASTE). Landlords

can take action against tenants who cause waste (see IMPEACHABLE WASTE). The extent of a tenant's liability varies according to the kind of tenancy. Most tenants are liable for equitable and voluntary waste. *Fixed-term tenants are also liable for permissive waste, as are yearly *periodic tenants (but only to the extent that they must keep the premises windand water-tight). A *tenant for life under a *settlement is prima facie liable for ameliorating waste, rarely liable for permissive waste, and usually liable for voluntary and equitable waste (unless exempted or made "unimpeachable of waste" by the terms of the settlement).

2. See POLLUTION.

wasted costs order An order for *costs made against the legal or other representative of a party on the ground that they were incurred by any improper, unreasonable, or negligent act or omission of the representative or his employee.

wasting assets Property forming part of a deceased's estate and having a reducing value (e.g.a leasehold interest in land). Unless the will directs otherwise, the personal representatives have a duty to sell such assets.

wasting police time An offence committed by someone who causes wasteful employment of the police by making a false report about an offence or by implying that a person or property is in danger or that he has information relevant to a police inquiry. The consent of the Director of Public Prosecutions is required for prosecutions for this offence, which is punishable by a fine and/or imprisonment.

water n. See RIGHT OF WATER.

water pollution See POLLUTION.

waybill n. See SEA WAYBILL.

weapon of offence Any *offensive weapon or any article made, adapted, or intended for incapacitating someone (e.g. a rope to tie someone with or pepper to make him sneeze). There are special offences of aggravated *burglary and of *trespass with a weapon of offence. See also FIREARM.

wear and tear See FAIR WEAR AND TEAR.

weekly tenancy A weekly *periodic tenancy.

welfare law Law enacted to give effect to society's responsibility for the wellbeing of individuals. It relates to such matters as social security (see NATIONAL INSURANCE) and income support, employment protection, health and safety at work, and housing. Most of the services available to individuals under welfare law are covered by the Department for Work and Pensions (formerly Social Security).

World Trade Organization (WTO) An international trade organization formed under the *General Agreement on Tariffs and Trade (GATT) to replace GATT and implement measures agreed at the Uruguay Round (1994) by 2002. It began operating on 1 January 1995. The WTO's aims are to continue the work of GATT in agreeing international trading rules and furthering the liberalization of international trade. The WTO extends its jurisdiction into such aspects of trading as intellectual property rights (see TRIPS). WTO rules are very important in international trade contracts. The highest authority of the WTO is the Ministerial Conference, held at least every two years. By 30 November 2000 the WTO had 140 member states and a further 29 governments had applied to join.

wounding n. Breaking the continuity of the skin or of a membrane (such as that lining the cheeks or lips). Scratching, bruising, burning, or breaking a bone without tearing the skin do not constitute wounding. Malicious wounding is an offence punishable by up to five years' imprisonment. It requires an intention to cause some physical harm (not necessarily a wound) or foresight of the risk of causing physical harm. A person is not guilty of this offence if he intended only to frighten his victim but in fact accidentally wounded him, although he would be guilty of *assault or *battery.

wounding with intent The aggravated *assault of a person with the intention of causing *grievous bodily harm (even if grievous harm does not in fact result) or *wounding with the intention of resisting a lawful arrest. Wounding with intent carries a maximum sentence of life imprisonment; a second conviction for wounding with intent to do grievous bodily harm carries a mandatory life sentence

(see REPEAT OFFENDER). See also ULTERIOR INTENT.

wreck n. 1. (shipwreck) The destruction of a ship at sea, as by foundering in a storm or being driven onto rocks. 2. The remains of a wrecked ship. 3. Goods cast up by the sea from a wrecked ship.

writ n. An order issued by a court in the sovereign's name that directs some act or forebearance. Originally, a writ was an instrument under seal bearing some command of the sovereign.

writ of delivery A *writ of execution to enforce a judgment for delivery of goods. It directs the *sheriff to seize the goods and deliver them to the claimant or to recover their assessed value. If the writ does not offer the defendant the option of retaining the goods by paying their assessed value, it is known as a writ of specific delivery.

writ of execution A writ used in the *enforcement of a judgment. It may be a writ of *fieri facias, a *writ of possession, a *writ of delivery, a writ of *sequestration, or any further writ in aid of any of these writs.

writ of possession A writ directing the *sheriff to enter upon land to give vacant possession to the claimant. It is used to enforce judgments for the possession of land.

writ of summons Formerly, a writ by which an action was commenced in the High Court. Civil proceedings in the High Court are now initiated through a *claim form.

written resolution A *resolution signed by all company members and treated as effective even though it is not passed at a properly convened company meeting. Under the Companies Act 1985 *private companies can, in some circumstances, pass

resolutions in this way; other companies may have power to do so under their *articles of association.

written statement of terms of employment A statement in writing that an employer must give to certain employees under the terms of the Employment Rights Act 1996,which aims to comply with the EU Proof of Employment Relationship Directive. Not later than two months after the beginning of employment, the employer must give to every employee who works for eight or more hours a week a written statement (known as an SI Statement) setting out the following information: (1) the names of employer and employee; (2) the date employment began; (3) the date when the employee's continuous employment began;

(4) the scale or rate of remuneration or method of calculating remuneration; (5) the intervals at which remuneration is paid; (6) the hours of work; (7) the holiday entitlement (which must be sufficiently specific to allow the employee's holiday entitlement to be precisely calculated); (8) the procedure to be adopted in the event of incapacity for work as a result of sickness or injury (including sick pay provisions, if any); (9) pensions and pension schemes; (10) the length of notice the employee is obliged to give and entitled to receive to terminate the contract; (11) the title of the job the employee is employed to do or, as an alternative to the job title, a brief description of the work; (12) if the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date it is intended to end; (13) either the place of work or, if the employee is required to work at various places, an indication that this is the case; (14) any collective bargaining agreements that directly affect the terms and conditions of employment. If the employee is required to work outside the UK for more than one month there is a requirement for additional information to be given relating to the length of the period of this employment, the currency in which remuneration is to be paid in that period, details of additional remuneration or benefits connected with working outside the UK, and the repatriation arrangements.

If any amendment is made to these terms after the statement has been (or should have been) issued, the employer must give the employee a written statement setting out the details of the change not later than one month after the change has been made. Failure to comply with the requirements set out above gives the employee the right to complain to an *employment tribunal at any time during the currency of the employment, or within three months of the employment coming to an end. The written statement, although providing evidence of the terms of employment, is not itself the *contract of employment.

wrong n. An illegal or immoral act. A distinction must be drawn between moral wrongs and legal wrongs. Some moral wrongs, such as murder or theft, are also crimes punishable by law. But many moral offences are not legal wrongs and some technical legal offences, such as par king offences, are not generally regarded as morally blameworthy. Legal wrongs may be criminal or civil. *Crimes are offences against society as a whole, not merely against the victim of the crime. Civil wrongs, such as *torts, *breaches of contract, and interferences with property rights, are wrongs to the individuals affected.

wrongful dismissal The termination of an employee's contract of employment in a manner that is not in accordance with that contract. Thus when an employee is dismissed without the notice to which he is entitled (in circumstances that do not justify summary dismissal) or when the employer prematurely terminates the employee's fixed-term contract, the employee is entitled to claim damages in the courts or an employment tribunal at common law for wrongful dismissal. The

court's jurisdiction concerns only the parties' contractual rights and not their statutory rights under the employment protection legislation (compare UNFAIR DISMISSAL). If a breach of statutory rights arises, an employee may also bring a claim for unfair dismissal. However, this must be done before an employment tribunal.

wrongful interference with goods Under the Torts (Interference with Goods) Act 1977, any of various torts to goods. It includes *conversion, *trespass to goods, negligence so far as it results in damage to goods or to an interest in goods, and any other tort (except *detinue, which is abolished by the Act) that results in damage to goods or an interest in goods.

wrongful trading Carrying on business knowing that the company has no reasonable prospect of avoiding an insolvent *winding-up. Such knowledge may be implied if a reasonably diligent person would have realized the position. Directors responsible may be ordered to contribute to the assets of the company when the winding-up occurs unless they can prove that, after acquiring the relevant knowledge, they endeavoured to minimize loss to the company's creditors, e.g. by initiating a winding-up or *administration order. See also

WTO See WORLD TRADE ORGANIZATION.

v

year and thereafter from year to year Words sometimes used in a tenancy agreement, the effect of which is that the tenant has a *fixed-term tenancy for the first year. followed by a yearly *periodic tenancy.

Year Books See LAW REPORTS.

yearly tenancy A yearly *periodic tenancy.

Yellow Book See STOCK EXCHANGE.

yielding and paying Words that usually introduce the clause in a *lease that specifies the rent. See also REDDENDUM.

York-Antwerp rules See AVERAGE.

young offender See JUVENILE OFFENDER.

young offender institution See DETENTION IN A YOUNG OFFENDER INSTITUTION. young workers See CHILD EMPLOYEE.

youth court A *magistrates' court exercising jurisdiction over crimes committed by *juvenile offenders and other matters relating to children under 18. It was formerly called a juvenile court. The court consists of either three lay *magistrates (at least one of whom should normally be a man and one a woman) or a single *district judge (magistrates' court) (normally accompanied by a lay magistrate of the opposite sex). All these magistrates are selected from the youth court panel, whose members are thought to be specially qualified to deal with juveniles and who have received additional training for this purpose. The proceedings of the court are not open to the general public, access being very restricted and determined by the Children and Young Persons Act 1933,section 42 (as amended) and by the Home Office and Lord Chancellor's Department Joint Circular on access to youth courts in June 1998. The press may not publish the identity of any juvenile concerned in the court's proceedings unless the court or the Home Secretary so orders, although reporting restrictions are lifted on conviction. Court proceedings are generally more informal than in the magistrates' court for adult offenders, and hearings can be heard in locations other than other court buildings, although generally they will be in existing magistrates' courts. There is a restriction in the timing of a youth court sitting in that it is not permitted within one hour either side of another court sitting. The Narey Report (Home Office 1997) recommended that this restriction be abolished in favour of separate waiting areas for youths and adults accused, to prevent the mixing of the two types of offender.

youth custody See DETENTION IN A YOUNG OFFENDER INSTITUTION.