Glossary 461be a nuisance. The right is acquired by continuously
doing the act which causes the nuisance for 20 years.
PresumptionA state of affairs which a court
will presume to exist unless evidence rebuts the
presumption. (See also rebut.) A few presumptions
are irrebuttable, in which case no evidence will be
allowed to contradict them.
PrincipalA person on whose behalf an agent acts.
Private companyA company which is not allowed
to offer its shares and debentures to the public.
Private nuisanceA tort consisting of an
unreasonable interference with a claimant’s land
or with a claimant’s use or enjoyment of land.
Privilege (in defamation)Absolute and qualified
privilege are defences to defamation.
Privity of contractThe common law rule that a
person who did not make a contract can neither sue
on it nor be sued on it. The rule has been modified
to some extent by the Contracts (Rights of Third
Parties) Act 1999.
Privy CouncilThe Supreme Court justices when
they sit to hear an appeal from certain
Commonwealth countries.
ProcedureThe rules applying to the bringing of a
court case. The way in which a civil or criminal
court case must be conducted.
Proceeds of saleThe amount of money received
when property is sold.
Product liabilityAn area of law concerned with
making sure that manufacturers and importers into
the EU do not put unsafe products on to the market.
Profit and loss accountPart of a company’s
accounts which show the income and expenses of
the company over the financial year.
PromoterPerson who forms a company.
Pro rataIn the same proportion, or at the same rate.
ProtocolAn agreement between States which is less
formal than a Treaty.
ProxyA person entitled to vote in place of a
company member, who authorised him to do so, at a
company meeting.
Public company (plc)A company which is allowed
to offer its shares and debentures to the public. Also
known as a public limited company.
Public nuisanceA crime and a tort, which is
committed by any act or omission which endangers
the health, property or comfort of the public, orwhich prevents the public from exercising rights
which all citizens enjoy.
QC (Queen’s Counsel)A senior barrister who has
been declared a QC by a selection panel. Such a
barrister usually acts in court with an assistant
barrister and can usually charge higher fees.
Quantum meruitA claim to be paid on a
proportional basis for work completed. Literally,
‘As much as he has earned’.
Ratification (in agency)A principal’s act of
conferring actual authority on an agent who has
already acted for the principal at a time when he
did not have actual authority.
Ratification (of a Treaty)Agreeing to be bound by
a Treaty.
Ratio decidendiA legal principle which is part
of a court’s decision and which can be binding as
a judicial precedent. (Literally, the reason for the
decision.)
Realisation (of security)Selling an asset or
property right given as security for a debt, so that
the amount owing can be deducted from the
proceeds of sale.
Real remedy (sale of goods)A remedy taken by an
unpaid seller against the goods, rather than against
the buyer. (See lien, stoppage in transitand right of
resale.)
RebutTo contradict or to provide an answer to an
argument or to a presumption.
RectificationAn equitable remedy which allows a
written document to be corrected to reflect what
was agreed orally.
Red circlingAllowing workers who have been
demoted in a reorganisation to remain on their
previous rates of pay.
RedundancyA dismissal of an employee on the
grounds of the employer going out of business,
moving the business, or not needing work of the
type which the employee performed.
Re-engagementA remedy for unfair dismissal,
rarely awarded, in which an employer is ordered
to give an unfairly dismissed person another job
similar to the one from which he or she was
dismissed.
Registrar of CompaniesAn official who deals with
the administration of companies. The head of
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