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Absolute Privilege In English Law
Absolute privilege is a complete defence to an action for defamation in English law. If the defence of absolute privilege applies it is irrelevant that a defendant has acted with malice, knew information was false or acted solely to damage the reputation of the plaintiff. page 11 Absolute privilege can be deployed in a narrow range of cases. Statements made in judicial proceedings are protected as are communications between a solicitor and their client. The Bill of Rights of 1689 provides that proceedings of the Parliament of the United Kingdom are also covered by absolute privilege. Privileged statements Reports of court proceedings Sections 14(1) to (3) of the Defamation Act 1996 read: The defence under this section is excluded by section 8(6) of the Rehabilitation of Offenders Act 1974 (as amended by subsection (4) of this section). That is, reporting on proceedings relating to a spent offence is not privileged. Section 14 replaces section 3 of the Law of Libel Amendment Ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system of government with a separate executive drawn from and accountable to the legislature. Provisions The Act has the following provisions: *creates an executive body—the Welsh Assembly Government (known since May 2011 as the Welsh Government)—that is separate from the legislative body, that is, the National Assembly for Wales. The Welsh Government is therefore altered from being a committee of the National Assembly to being a distinct body *forbids candidates both contesting constituencies and being on a regional list *provides a mechanism for Orders in Council to delegate power from Parliament to the Assembly, which will give the Assembly powers to make "Measures" (Welsh Laws). Schedule 5 of the Act describes the fields in which the asse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system. Origins In the United Kingdom, it allows members of the House of Lords and House of Commons to speak freely during ordinary parliamentary proceedings without fear of legal action on the grounds of slander, contempt of court or breaching the Official Secrets Act. It also means that members of Parliament cannot be arrested on civil matters for statements made or acts undertaken as an MP within the grounds of the Palace of Westminster, on the condition that such statements or acts occur as part of a ''proceeding in Parliament''—for example, as a question to the Prime Minister in the House of Commons. This allows Members to raise questions or debate issue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts And Legal Services Act 1990
The Courts and Legal Services Act 1990 (c. 41) was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked. The changes introduced in the Act covered a variety of areas. Important changes were made to the judiciary, particularly in terms of appointments, judicial pensions and the introduction of district judges, the arbitration process of Alternative Dispute Resolution and the procedure in the courts, particularly in terms of the distribution of civil business between the High Court and the county courts. The most significant changes were made in the way the legal profession was organised and regulated. The Act broke the monopoly solicitors held on conveyancing work, creating an Authorised Conveyancing Practitioners Boar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enterprise Act 2002
The Enterprise Act 2002 is an Act of the Parliament of the United Kingdom which made major changes to UK competition law with respect to mergers and also changed the law governing insolvency bankruptcy. It made cartels illegal with a maximum prison sentence of 5 years and states that level of competition in a market should be the basis for investigation. Structure *Part 1: The Office of Fair Trading (ss 1-11) *Part 2: The Competition Appeal Tribunal (ss 12-21) *Part 3: Mergers **Chapter 1: Duty to make references (ss 22-41) **Chapter 2: Public interest cases (ss 42-58) **Chapter 3: Other special cases (ss 59-70) **Chapter 4: Enforcement (ss 71-95) **Chapter 5: Supplementary (ss 96-130 *Part 4: Market Investigations **Chapter 1: Market investigation references (ss 131-138) **Chapter 2: Public interest cases **Chapter 3: Enforcement **Chapter 4: Supplementary (ss 168-184) *Part 5: The Competition Commission (ss 185-187) *Part 6: Cartel offence (ss 188-202) *Part 7: Miscellaneous C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competition Act 1998
The Competition Act 1998 is the current major source of competition law in the United Kingdom, along with the Enterprise Act 2002. The act provides an updated framework for identifying and dealing with restrictive business practices and abuse of a dominant market position. One of the main purposes of this act was to harmonise the UK with EU competition policy, with Chapter I and II of the act mirroring the content of Articles 81 and 82 of the Treaty of Amsterdam (formally Articles 85 and 86 of the Treaty of Rome).Note: Arts 81 & 81 have since been renumbered as Arts 101 & 102 Chapter I Prohibitions Deals with restrictive practices engaged by companies operating within the UK that distort, restrict or prevent competition. These are primarily in the form of horizontal agreements (agreements to collude between firms on the same level of the supply chain such as retailers or wholesalers). These agreements could be to limit output, collusively share information, fix prices, tende ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Trading Act 1973
The Fair Trading Act 1973 is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema .... References United Kingdom Acts of Parliament 1973 {{UK-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Local Government Act 2000
The Local Government Act 2000 (c.22) is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales. Its principal purposes are: * to give powers to local authorities to promote economic, social and environmental well-being within their boundaries * to require local authorities to shift from their traditional committee-based system of decision-making to an executive model, possibly with a directly elected mayor (subject to approval by referendum), and with a cabinet of ruling party group members * to create a consequent separation of functions with local authorities, with backbench councillors fulfilling an overview and scrutiny role * to introduce a revised ethical framework for local authorities, requiring the adoption of codes of conduct for elected members and standards committees to implement the codes of conduct; the introduction of a national Standards Board and Adjudication Panel to deal with complaints and to oversee disciplinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Commissioner Act 1967
The Parliamentary Commissioner Act 1967 is an Act of the Parliament of the United Kingdom. It established the office of the Parliamentary Commissioner for Administration (Parliamentary Ombudsman). The Ombudsman is responsible for investigating the administrative actions of central government departments and public authorities. The office is independent of the Government and the civil service. Section 5 Under s5(1) the Ombudsman may, on a reference being made to him, investigate actions (including a failure to act) taken on or behalf of a specified public authority which are in the exercise of administrative functions. The Ombudsman may investigate if a written complaint has been made to a Member of Parliament, the member of public claims to have sustained injustice in consequence of maladministration in connection with administrative action and the complaint has been referred to the Ombudsman with the consent of the complainant. Maladministration The term 'maladministration ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom. It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative body would later come to be known as the Senedd Cymru, or the Welsh Parliament. Background The Act led to the establishment of the National Assembly in 1999, after the 1997 Welsh devolution referendum approved the creation of a devolved Parliament for Wales. Provisions The Act's provisions include the following: *Transferring most of the powers of the Secretary of State for Wales to the National Assembly for Wales. *Transferring Ancient Monuments Board for Wales, Education and Learning Wales, Historic Buildings Council for Wales, Library Advisory Council for Wales, Qualifications, Curriculum and Assessment Authority for Wales, Wales Tourist Board, Welsh Industrial Development Advisory Board, Welsh Development Agency, Welsh Language Board, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquiries Act 2005
The Inquiries Act 2005 (c 12) is an Act of the Parliament of the United Kingdom. According to the explanatory notes, published by the Department for Constitutional Affairs, the Act "is intended to provide a comprehensive statutory framework for inquiries set up by Ministers to look into matters of public concern". The act repealed the entirety of the Tribunals of Inquiry (Evidence) Act 1921, a much shorter bill that also empowered Ministers to set up so-called statutory inquiries. The act was motivated in part by the spiraling costs of the Bloody Sunday Inquiry and a desire to control the length and cost of future inquiries. The act has been criticised by a number of groups and individuals, generally concerned with the power Ministers have over the remit of the inquiry and the publication of its final report. Criticisms The Parliament of the United Kingdom's Joint Committee on Human Rights has voiced concerns about certain aspects of the Act, as have the Law Society of England a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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