UK Legal Terms M-P

M

Magistrates’ Court — The lowest criminal court in England and Wales, dealing with summary offences and preliminary hearings for indictable offences. Magistrates may be lay justices (volunteers) or district judges (professional lawyers). The court also has jurisdiction in some civil matters including family proceedings and licensing.

Mareva Injunction — An interim injunction freezing a defendant’s assets pending trial to prevent dissipation. Now known as a freezing order under the Civil Procedure Rules. Named after Mareva Compania Naviera SA v International Bulkcarriers SA (1975).

Mischief Rule — A rule of statutory interpretation requiring the court to consider the mischief Parliament intended to remedy when enacting legislation. The court interprets the statute in a way that suppresses the mischief and advances the remedy.

Misfeasance — The wrongful or improper performance of a lawful act. Misfeasance in public office is a tort requiring proof that a public officer acted maliciously or knowing they had no power to do so.

Mortgage — A security interest over land granted by a borrower to a lender to secure repayment of a loan. The borrower retains possession but the lender has the right to take possession and sell the property if the borrower defaults.

Misrepresentation — A false statement of fact that induces a party to enter a contract. Misrepresentation may be fraudulent, negligent, or innocent. The remedies include rescission of the contract and damages.

Mens Rea — The mental element of a criminal offence, referring to the state of mind required for liability. Mens rea may be intention, recklessness, knowledge, or negligence, depending on the offence.

N

Negligence — A tort consisting of the breach of a duty of care causing damage. Negligence is the most common cause of action in tort law. The claimant must prove duty, breach, causation, and damage on the balance of probabilities.

Novation — The substitution of a new contract, debtor, or creditor for an existing one, extinguishing the original obligations. Novation requires the consent of all parties and is commonly used when a new party takes over contractual rights and obligations.

Nuisance — An unlawful interference with a person’s use or enjoyment of land. Private nuisance affects a particular claimant’s enjoyment of their land; public nuisance affects the community at large, such as by obstructing the highway.

Natural Justice — Procedural fairness requiring that both sides be heard (audi alteram partem) and that the decision-maker be impartial (nemo iudex in causa sua). These principles apply to judicial and administrative decision-making.

O

Obiter Dicta — Judicial statements made in passing that are not binding but may be persuasive in subsequent cases. Obiter dicta are distinguished from the ratio decidendi, which is the binding principle of law on which the decision is based.

Ombudsman — An official appointed to investigate complaints against public bodies, including the Parliamentary Ombudsman and the Local Government Ombudsman. Ombudsmen make recommendations but cannot enforce their findings.

Order — A direction of a court requiring a person to do or refrain from doing something. Court orders include injunctions, specific performance, and possession orders. Breach of a court order may be contempt of court.

Ordinary Resolution — A resolution passed by a simple majority of company members voting in person or by proxy. Ordinary resolutions are used for most company decisions unless the Companies Act 2006 or the company’s articles require a special resolution.

Originating Process — The document commencing civil proceedings, typically a claim form in the High Court or County Court. The claim form sets out the parties and the nature of the claim, and is served on the defendant.

P

Parliamentary Privilege — Rights and immunities enjoyed by Parliament, including freedom of speech in proceedings and the exclusive right to regulate its own affairs. Article 9 of the Bill of Rights 1689 provides that proceedings in Parliament shall not be questioned in any court.

Partnership — A business association of two or more persons carrying on a business with a view to profit, governed by the Partnership Act 1890. Partners are jointly liable for the debts of the partnership unless they are limited partners.

Power of Attorney — A legal document authorising one person to act on behalf of another, governed by the Powers of Attorney Act 1971 and the Mental Capacity Act 2005. Lasting Powers of Attorney continue in effect after the donor loses mental capacity.

Prerogative Power — Powers exercisable by the Crown under common law, including the conduct of foreign affairs, the deployment of armed forces, and the appointment of ministers. Prerogative powers are subject to judicial review and may be abolished or modified by statute.

Privity of Contract — The doctrine that only parties to a contract may enforce or be bound by its terms, now modified by the Contracts (Rights of Third Parties) Act 1999. The Act allows third parties to enforce contractual terms in specified circumstances.

Proportionality — A principle requiring that state action interfering with rights be no more restrictive than necessary. Proportionality analysis considers whether the measure is suitable, necessary, and balanced. It is central to human rights adjudication under the Human Rights Act 1998.