Element in legalese judge denied (5)

I believe the answer is:

argon

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'element' is the definition.
(argon is a chemical element)

I can't explain the rest of the clue.

(Other definitions for argon that I've seen before include "something inert and insubstantial" , "Gaseous element" , "Inert gas used in light bulbs" , "Noble gas, atomic number 18" , "Inert gas in atmosphere" .)

I've seen this clue in The Times.

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