• A
• B
• C
• D
• E
• F
• G
• H
• I
• J
• K
• L
• M
• N
• O
• P
• Q
• R
• S
• T
• U
• V
• W
• X
• Y
• Z

A

ABANDONMENT

In legal terms 'abandonment' is giving up a legal right.

ABATEMENT

In law abatement is: - cancelling a writ or action - stopping a nuisance - reducing the payments to creditors if there is insufficient funds to pay them in full - reducing the bequests in a will in proportion if there is insufficient funds to pay them in full

ABSOLUTE

In legal terms 'Absolute' means complete or unconditional.

ABSOLUTE OWNER

The Absolute Owner is the sole owner of 'property' such as land, vehicles or equipment.

ABSTRACT OF TITLE

Abstract of Title is a term often heard when buying and selling property, and is a document drawn up by the seller summarising the title deeds to a property which is often that of a house.

ABUTTALS

Abuttals are the parts of the boundaries of a piece of land that make contact with pieces of land alongside.

ACCEPTANCE

In legal terms an 'acceptance' is where an offer is accepted unconditionally and a legally binding contract is created.

ACCEPTANCE OF SERVICE

Acceptance of Service is when a solicitor accepts a writ on behalf of a client.

ACCEPTOR

An Acceptor is an organisation, for example a bank, which will pay the cheque or bill of exchange it has accepted.

ACKNOWLEDGEMENT

Acknowledgement is admitting that someone has a claim, or admitting that a debt exists.

ACKNOWLEDGEMENT OF SERVICE

Acknowledgement of Service is when the particulars of a claim form have been issued to a defendant, and they then receive a response pack that includes a form which they must complete to acknowledge they have received the claim. The defendant then has 14 days to return this form from the date they received the particulars of the claim.

ACT OF BANKRUPTCY

The Act of Bankruptcy is an act that could lead to bankruptcy proceedings against a person with debts, if carried out by that person.

ACT OF GOD

An Act of God is an extreme naturally occurring event that could not have been foreseen, for example an earthquake or a flood.

ACTION

Action is using the law to make a Claim.

ACTIVE TRUST

An Active Trust is a trust where the trustees have other responsibilities rather than to just let the beneficiaries have the trust's assets when they ask for them.

ADEMPTION

Ademption is when a gift in a will cannot be made because the item no longer exists.

ADJOURNED

Where a case is Adjourned, the hearing of a case is temporarily suspended by order of the Court (maybe for a short period, e.g. to next day).

ADJOURNED SINE DIE

Adjourned Sine Die is a commonly used Latin legal term and is used when a court case has no date fixed for it to continue.

ADJOURNMENT

Adjournment is the postponing of the hearing of a case until a later date.

ADJUDGE/ADJUDICATE

To Adjudge, or Adjudicate, is to give an official judgement about something. An example of this is where someone is unable to pay their debts, the court may adjudge them bankrupt.

ADJUDICATION

Judgment or decision of a Court or tribunal

ADJUDICATION ORDER

An Adjudication Order is the former name for a court order that made someone bankrupt. This has now been replaced with the term bankruptcy order.

ADOPTION

Adoption is the act of legally placing a child with a parent or parents other than those to whom they were born. All rights and duties become vested in the adopter or adopters as if the child was born to them in marriage.

ADULTERY

Adultery is the voluntary sexual intercourse between a married person and another person who is not his or her spouse.

ADVERSE POSSESSION

Adverse possession is where someone intentionally occupies land to prevent the rightful owner or tenant from doing so.

AFFIDAVIT

A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it

AGGRAVATED DAMAGES

Aggravated Damages are extra damages awarded because the defendant has caused the victim anguish, loss of self-respect or shame.

ALIENATION

In Property Law, Alienation is the transferring of ownership of property from one person to another.

ALLOTMENT

In legal terms, allotment are shares allocated to a buyer. An allotment of shares in a company gives the owner of the allotment an unconditional right to buy the shares at a fixed price.

ALTERNATE DIRECTOR

Seen in Company and Business Law, an Alternate Director is a person appointed by a director to take the director's place.

ALTERNATIVE DISPUTE RESOLUTION

These are systems such as arbitration and mediation that are designed to allow parties to find a resolution to their problem without legal action.

AMBULATORY WILL

An Ambulatory Will is a will that can be revoked or changed while the person who made it is still alive.

AMOUNT OFFERED IN SATISFACTION

This is an amount of money offered by a defendant to pay a debt or to settle a claim, for example a personal injury claim.

ANCIENT LIGHTS

In Planning Law, Ancients Lights is the right NOT to have the light you receive from a neighbour's land blocked. It is a right to light.

ANCILLARY RELIEF

Ancillary Relief are additional claims that a court can make in a divorce: regular maintenance, a lump sum, or a transfer of property.

ANNULMENT

Annulment is a legal procedure for declaring a marriage null and void, therefore a marriage can be dissolved in a legal proceeding and declared void, as though it never took place.

ANTENUPTIAL AGREEMENT

An Antenuptial Agreement, also known as a Prenuptial Agreement or a Pre Marital Agreement, is a legal agreement between two people who are about to get married. The agreement sets out how the couple's assets will be divided between them if they divorce at a later date.

APPLICANT

Person making the request or demand, e.g. person who issues an application

APPLICATION

The act of applying to a Court, for example to start proceedings.

APPOINTEE

The Appointee is the person who gets the benefit of the use of a power of appointment.

APPOINTER

An Appointer is the person who uses a power of appointment.

APPRAISEMENT OR APPRAISAL

Valuation of goods seized under warrant of execution prior to sale

APPURTENANCES

Appurtenances are minor rights in land, for example the right to do something on the land.

ARBITRATION

Arbitration is a form of alternative dispute resolution and is a legal technique for the resolution of disputes outside the courts. The hearing and determination of a dispute is done so by an impartial referee agreed upon by both parties.

ARBITRATOR

The Arbitrator is the independent referee who settles a dispute without the need to go through the courts.

ARBITRATORMENT / AWARD

Arbitratorment is the decision of an Arbitrator in arbitration.

ASSET

An Asset is something owned, for example a property, vehicle or it may be money in a bank account.

ASSIGN

To Assign something, you legally transfer it, for example when ownership of a property is transferred from one person to another.

ASSIGNMENT

Assignment is the formal transfer to the rights to something. For example, a person may assign their bank the right to receive the benefits from an insurance policy to allow the bank security for a loan.

ASSISTED PERSON (LEGALLY)

A party to legal proceedings who is receiving legal aid

ASSURE

Assure is to transfer the ownership of something.

ASSURED

The Assured is the person whose life is insured or who is to receive the benefit from the assurance policy.

ASSURED SHORTHOLD TENANCY

Assured Shorthold Tenancy is a type of tenancy agreement under which the landlord has the right to take the property back at the end of the tenancy agreement.

ASSURED TENANCY

Assured Tenancy is a form of residential tenancy in England and Wales, defined by the Housing Act 1996, that grants a degree of security of tenure to the tenant.

ATTACHMENT OF EARNINGS

Attachment or earnings is a court order that directs an employer of a debtor to deduct regularly an amount, fixed by the Court, from the debtor's earnings and pay that sum into Court. The employer pays the money collected to the court, and the court pays the money to the people to whom it is owed.

AWARD

Result of an arbitration hearing or the amount of damages assessed by a Court

Back to top

B

BAILMENT

Bailment is transferring possession of goods from the owner to someone else. The actual ownership of the goods is not transferred, just the possession. For example, someone may hire a product such as a television will have possession of it, but the rental company still owns it.

BAILIFF

Officer of the County Court empowered to serve Court documents and execute warrants. A Bailiff may also be ordered to take a debtor’s goods and sell them to get money to pay the debtor's debts.

BAILIWICK

Bailiwick is the area over which as bailiff has jurisdiction.

BAILMENT

Bailment is transferring possession of goods from the owner to someone else. The actual ownership of the goods is not transferred, just the possession. For example, someone may hire a product such as a television will have possession of it, but the rental company still owns it.

BAILOR

A Bailor is the owner of valuable items that are in the possession of another person or organisation for safe keeping. BANKER'S DRAFT A Banker's Draft is a cheque drawn by a bank and the funds are taken directly from one's bank account. This is a safer option than a normal cheque for the person receiving the draft as they know the funds will clear.

BANKRUPTCY

Bankruptcy is when a person or company is declared legally insolvent. A person can become bankrupt upon voluntary petition or one invoked by creditors.

BANKRUPTCY SEARCH

A Bankrupty Search is a document that says whether someone is bankrupt or not.

BARE TRUST

A Bare Trust is a trust that holds property on behalf of a person until they ask for it back.

BARE TRUSTEE

A Bare Trustee is someone who holds property on behalf of another person until asked to return the property.

BARGAIN AND SALE

A Bargain and Sale is a contract to sell any property or investment in land that a person owns.

BARRISTER

A Barrister is a lawyer with the right to speak and argue as an advocate in higher law courts. Barristers are instructed by solicitors and specialise in a particular field of law and can present a case in any court, where as a solicitor's rights to speak in court are limited.

BEARER

The Bearer is the person who has a document in their possession.

BENEFICIAL INTEREST

A Beneficial Interest is something belonging to a person, even though someone else is the legal owner. Therefore, if something belongs to someone, but they don't actually legally own it, then they have a beneficial interest in it. A typical example is where a parent holds an investment policy for their child, they are the legal owner of the policy, but the child has a beneficial interest in it.

BENEFICIAL OWNER

The Beneficial Owner is the owner of a piece of land and the buildings that are on it. The Beneficial Owner has the right to use the land for their own purpose, and has the right to the income their land generates. The Beneficial Owner may also be the person who actually owns something even though it may be held under someone else's name.

BENEFICIARY

The Beneficiary is someone who benefits from a will, a trust or a life insurance policy.

BEQUEATH

Bequeath, is to leave something in your will, such as money.

BEQUEST

Bequest is something given in a will, other than land or real property.

BIGAMY

Bigamy is the offence committed by someone who is already married, who then goes through with a marriage ceremony with someone else.

BILL OF EXCHANGE

A Bill of Exchange is a signed written order, instructing a person to pay an amount of money to someone. A cheque is a Bill of Exchange.

BILL OF SALE

A Bill of Sale is a document that transfers ownership of goods from one person to another.

BINDING EFFECT

The Binding Effect is where the terms and conditions of an agreement are binding upon, i.e they must be kept to by law.

BOND

A Bond is a written promise to repay a debt at an agreed time and to pay an agreed rate of interest on the debt.

BOOK VALUE

The Book Value is the fixed value of an asset, such as a car or property, and is recorded on paper. The value is usually the amount paid for the asset less an amount for depreciation.

BOUGHT NOTE

A Bought Note is a document that shows details of a purchase by someone for a third party. A Stockbroker would produce a bought note on behalf of a client. The bought note shows details of the investment, including price and any commission.

BREACH (BREACH OF CONTRACT)

A Breach, is where a party within a contract does not comply with a term of the contract. Every breach gives rise to a claim for compensation in the civil court.

BREACH OF DUTY

Breach of Duty is failing to carry out something which is required by law.

BREACH OF THE PEACE

Breach of the Peace is a public disturbance by an individual or individuals who take part in any act of molesting, interrupting, hindering, disquieting, agitating or arousing from a state of repose or otherwise depriving inhabitants of the peace and quiet to which they are entitled. Breach of the Peace may also be referred to where harm is done to someone, or harm is threatened.

BREACH OF TRUST

A Breach of Trust is when a trustee does something which is against the rules of the trust, or fails to do something which is required of them by the trust's rules.

BREAK CLAUSE

A Break Clause is a clause in a contract that allows it to be terminated, or come to an early end.

BRIEF

A Brief is written instructions to a Counsel to appear at a hearing on behalf of a party prepared by the solicitor, and setting out the facts of the case, and any case law relied upon.

BUILDING PRESERVATION NOTICE

A Building Preservation Notice is a notice to say that a building is listed. If a building is in danger of being demolished, or altered, but the planning authority think it should be preserved, then they can issue a Building Preservation Notice to state that the building is listed.

BUILDING REGULATION CONSENT

Building Regulation Consent is the approval by the local authority on the design and materials used in building work, often as a matter of Health and Safety.

BUILDING REGULATIONS

Building Regulations set standards for the design and construction of buildings to ensure the health and safety for people in or about those buildings. They also include requirements to ensure that facilities are provided for people, including those with disabilities, to access and move around and inside buildings.

BULLYING

Bullying is a form of harassment and includes ridiculing and humiliating individuals, setting unreasonable or unachievable objectives, and controlling them by fear, rather than by standards.

BURDEN OF PROOF

Burdon of proof is the obligation of a party in proceedings to prove a fact in issue.

BYLAW

A Bylaw is a law made by a local authority and only applies within the local authority's boundaries.

Back to top

C

CALLED UP CAPITAL

Called up capital is all the shares called by a company when it issues shares. When calls have been made for the whole of the share price and the shareholders have paid, the shares become paid-up share capital.

CAPACITY

In law, Capacity is someone's ability to enter into a contract or agreement. For example, a minor would be unable to purchase something on credit.

CAPITAL ALLOWANCES

Capital Allowances are allowances that you can claim when you buy long term assets, such as machinery to use for your business. You claim part of the cost against your profits before your tax is calculated for the year.

CAPITAL GAIN

Capital Gain is the profit you make if you sell a long-term asset, such as a house, for more than it cost you.

CAPITAL GAINS TAX

Capital Gains Tax is a tax charged on certain Capital Gains.

CARE ORDER

A care order is an order by a court instructing the local authority to care for a child

CARELESS DRIVING

Careless driving is driving a car, or other vehicle or motorcycle, without consideration for other people using the road.

CASE

A Case is an action, suit or claim made in a court of law. Arguments put forward in a court of law are also a 'case'.

CASE CONFERENCE

Usually the first hearing in a Multi Track claim and an opportunity to take stock and consider the way forward

CASE DISPOSAL

A Case Disposal is when the case is taken out of the court process.

CASE LAW

Case Law is law that is based on the results of previous court cases. It is the interpretation placed on statute law by the Judiciary. Such decisions and interpretations generally remain binding in law until over turned by a higher court.

CASE MANAGEMENT CONFERENCE (CMC)

A Case Management Conference (CMC) is a meeting between all parties involved in a case as well as the judge. It allows everyone to go through the progress of the case with regards to costs and any other matters.

CASE MANAGEMENT TRACKS

There are three Case Management Tracks and civil cases are allocated to one of the three, depending on financial value, issues of law and the likely duration of the case. The three tracks are: 1. The Small Claims Track - For cases up to £5000 and the claimant does not have to have a legal representative. 2. The Fast Track - For cases between £5000 and £15000. 3. The Multi Track - For cases above £15000. Legal representation is advisable in the Fast and Multi Tracks.

CASE NUMBER

A unique reference number allocated to each case by the issuing Court

CASE STATED

Case stated is the written statement setting out the facts of a case, and is produced by a Magistrates Court when asking the High Court for an opinion on the law.

CASE VALUE

The Case Value is the financial value of a case. This is one of the factors used to assess which track a case should be allocated to.

CAUSATION

Causation is one thing being done causing something else to happen.

CAUSE OF ACTION

The Cause of Action is the reason an individual is entitled to sue another.

CAUSING DEATH BY CARELESS AND INCONSIDERATE DRIVING

This is an offence committed by someone who is unfit to drive because of drink or drugs, but proceeds to drive a vehicle and kills another person. The punishment for careless and inconsiderate driving is less severe than for dangerous driving.

CAUSING DEATH BY DANGEROUS DRIVING

This is a criminal offence committed by someone whose driving is dangerous and results in a person being killed. The courts consider dangerous driving to be a very serious offence.

CAVEAT

Caveat is a Latin term for 'Warning', and is a notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat.

CAVEAT EMPTOR

Caveat Emptor is a Latin term for 'buyer beware', and is used to warn people buying goods that they may not be able to get compensation if the goods are faulty.

CHATTEL

A Chattel is any property other than freehold land.

CHATTELS PERSONAL

Chattels Personal is the name for tangible goods (goods which can be touched) such as watches, clothes, furniture etc.

CHATTELS REAL

Chattels Real is another name for leasehold land.

CHIEF RENT

Chief Rent is money charged regularly on freehold land. Despite its name it is not rent.

CHILD ASSESSMENT ORDER

A Child Assessment Order is an order that a local authority may apply for through a court to assess a child's situation if there are concerns about the child's welfare.

CHILD SUPPORT MAINTENANCE

Child Support Maintenance is an amount of money (maintenance) the parent not living with their child must pay.

CLAIMANT

A Claimant is the person issuing the claim. Also known the Plaintiff.

CLAUSE

A Clause is a section within the terms of a contract.

CLIENT

Someone involved in a case that has a Solicitor representing them.

CLINICAL NEGLIGENCE

Describes a medical accident where a patient has been harmed, not because of a complication which couldn't be avoided, but because a doctor or other healthcare professional has not given the proper standard of care. It doesn't mean that this person was incompetent. It can just mean that in a particular case, they made a mistake which they shouldn't have

CLINICAL NEGLIGENCE LAW

This area of law covers help with claims for damages against all types of public and private medical practitioner. This includes treatment from doctors, nurses and dentists.

CLOSE COMPANY

A Close Company is a company controlled by five people or less, or by its directors.

CLOSING ORDER

A Closing Order is an order prohibiting the use of a house because the house is not fit for humans to live in. CO-RESPONDENT A person named as an adulterer (or third person) in a petition for divorce

CODICIL

Codicil are pages that need to be added to a valid will which needs a minor alteration. The codicil must be signed in the presence of a witness and then attached to the existing will.

COLLATERAL

Collateral is extra security for a debt. If there is a main security for a debt, for example a house would be security for a mortgage, any extra security supplied is called collateral.

COMMISSIONER FOR OATHS

A Commissioner for Oaths is a person, usually a solicitor, authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence

COMPENSATION

Compensation is a sum of money to make up for or make amends for loss, breakage, hardship, inconvenience or personal injury caused by another.

COMPLAINANT

A Complainant is a person who makes a complaint.

COMPLAINT

A Complaint is an expression of discontent or resentment of something.

COMPLETION

In Conveyancing, completion is the transferring of a property in exchange for payment. In Land, Property & Real Estate, where there is a contract to sell land there will be an initial payment to confirm the contract. Completion happens when the ownership of the land is transferred to the person buying it, in return for the seller receiving the rest of the purchase price.

COMPOSITION WITH CREDITORS

Composition with creditors is an arrangement between a debtor and the creditors. The creditors agree to accept a proportion of what is owed to them in full settlement.

COMPULSORY PURCHASE

Compulsory Purchase is taking land and giving compensation for it. When land is needed for a project, such as a road, local authorities and other public bodies can take the land off the landowner. Compensation has to be paid to landowner.

COMPULSORY WINDING UP

Compulsory Winding Up is the liquidation of a company by order of the court. It usually happens because the company has not been able to pay its bills on time and a creditor has presented to the court a petition for winding up the company.

CONCEALMENT

Concealment is failure by one side negotiating a contract to disclose information that the other side would need to consider when deciding whether or not to go ahead.

CONCILIATION

Conciliation is an element of Dispute Resolution, which to some solicitors is a specialised area of law. Part of the process involves the parties to a dispute identifying the issues within the dispute, develop options, consider alternatives and endeavour to reach an agreement.

CONCILIATOR

A Conciliator is a person who conciliates in cases of Dispute Resolution. A Conciliator tries to bring peace to the dispute.

CONDITION

A Condition is a term within a contract between two parties. If a condition of a contract is breached by one party, then the other may be entitled to terminate the contract and even claim compensation.

CONDITIONAL AGREEMENT

A Conditional Agreement is an agreement which depends on a certain thing happening in the future. If the event does not happen the agreement will not start to operate.

CONDITIONAL CONTRACT

A Conditional Contract is a written contract that is signed by two parties, but where there are still conditions that need to be met. A Conditional Contract is frequently used in the sale or purchase of houses, where the term 'subject to contract' is often referred to, and the sale is not complete until signed contracts have been exchanged.

CONDITIONAL SALE AGREEMENT

A Conditional Sale Agreement is a type of credit agreement which relates to the sale of goods. The total price of the goods may be payable by several installments over an agreed period of time, all of which will be set out in the contract. The buyer will not become the owner of the goods until all conditions of the contract have been met, and in particular, the final payment has been made.

CONFLICT OF INTEREST

A Solicitor must not act on behalf of two or more clients where a conflict of interests occurs between them.

CONSTRUCTIVE DISMISSAL

In Employment Law, constructive dismissal is where an employer breaks fundamental terms of the contract of employment, thus forcing the employee to resign. In such circumstances the employee can apply for a hearing before an industrial tribunal.

CONTINGENCY FEE

A contingency fee is paid to the claimant's lawyer only if the case is won by the claimant. The fee is often a proportion of the damages won.

CONTINGENT LEGACY

A contingent legacy is a gift in a will which will only be made if certain conditions are met.

CONTRACT

A contract is a binding agreement between two or more party's and is enforceable by law.

CONTRIBUTORY NEGLIGENCE

Contributory negligence is partial responsibility of a claimant for the injury or damage done in respect of which he/she claims damages.

CONVEYANCE

Conveyance is the name for carrying out all the actions needed to transfer the ownership of a piece of land.

COOLING OFF PERIOD

A Cooling Off Period is a length of time in which the two sides to a purchase agreement, or contract can think things over and cancel with no penalty

COSTS

This is the word used for fees paid to a solicitor either by his own client or the losing party in litigation. These are regulated in law and by the courts although frequently settled by agreement.

COVENANT

A formal agreement or a contract constituting an obligation to perform an act

CREDITOR

A Creditor is a person to whom money is owed by a debtor.

CREDITORS VOLUNTARY WINDING UP

A Creditors Voluntary Winding Up is when a company is insolvent, i.e cannot pay its debts, and the members pass a special resolution to have the company wound up, or liquidated.

Back to top

D

DAMAGES

Damages are an amount of money claimed as compensation for physical/material loss, whether by means of personal injury or breach of contract.

DANGEROUS DRIVING

Dangerous driving is driving that falls below the standards that are expected and that of a careful, competent driver. It would be obvious to such drivers that it is dangerous to drive that way and that they could be a danger and a hazard to other road users. A driver found guilty of dangerous driving by the court would be disqualified from driving.

DATA PROTECTION

The Data Protection Act 1998 (DPA) is a United Kingdom Act of Parliament which defines UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the UK. Although the Act does not mention privacy, in practice it provides a way in which individuals can control information about themselves.

DATE OF SERVICE

In civil claims the date of service of the claim is the date at which the defendant receives the claim form issued by the court on behalf of the claimant. The defendant must acknowledge receipt of these particulars of the claim within 14 days.

DEBT

Debt is money that is owed.

DEBTOR

Person owing money to another party

DECEIT

Deceit is when one person deliberately misleads another with a statement which causes the other person to do something that causes them damage.

DECEPTION

Deception is the act of convincing another person/body to believe information that is not true, or not the whole truth. Deception involves concepts such as propaganda, distraction and concealment. Deception is also termed as 'Fraud'.

DECLARATION

Court order setting out the rights of a party in the form of a statement

DECREE

An order of the Court in proceedings commenced by petition

DECREE ABSOLUTE

A final certificate, resulting from an application, dissolving a marriage

DECREE NISI

Order for divorce unless cause to contrary is shown within a set period

DEED

A legal document that sets out the terms of an agreement, which is signed by both parties

DEFAMATION

Defamation is making a statement, either orally or in writing, which damages someone’s reputation.

DEFAULT

If you default, you fail to do something which had been agreed, for example to keep up repayments on a loan.

DEFAULT JUDGMENT

Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim i.e. reply or pay within a 14 day period after service of the claim

DEFENCE

Defence is the general term for the team of people, ie lawyers, who are defending against proceedings brought against someone. In a civil case, a defence is also a written statement by the defendant setting out the facts that the defence will rely on. DEFENCE BARRISTER & DEFENCE SOLICITOR Similar roles as prosecution, except on the side of the defendant. Note that some Defence Solicitors also have right of audience in Crown Court and can conduct defences/trials without a Barrister

DEFENCE SOLICITOR

Argues for the defendant and may offer mitigation before sentencing. You may also encounter a defence Counsel. DEFENDANT - CIVIL CASES The Defendant in civil cases is the person who has a claim made against them. They can either admit liability in part or in full, or dispute the claim. DEFENDANT - CRIMINAL CASES The Defendant in criminal cases is the person standing trial or appearing for sentence.

DEFENDING A CLAIM

Defending a claim is when the defendant disputes the claim made by the claimant.

DEPENDANT

A dependant is someone who depends on another for financial support.

DEPONENT

A deponent is a person giving evidence by affidavit, or a person who swears on oath that a statement is correct.

DEPOSITION

A statement of evidence written down and sworn on oath, or by affirmation

DEPRECIATION

Depreciation is the drop in value of an asset due to wear and tear, age or the asset simply being outdated, such as a car where a new model is introduced.

DEPUTE

The term Depute, means to delegate, or to transfer power to someone.

DEROGATION

Derogation is the act of damaging someone else's rights or entitlements. DETAILED ASSESSMENT (of costs) When a court makes a costs order it may make a details assessment of costs. A costs officer would carry out the assessment.

DEVI

Person to whom freehold land is given by a will

DEVISE

Devise is to leave land in a will.

DISABILITY

The inability of a person to handle their own affairs (e.g. through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation

DISBURSEMENTS

Disbursements are miscellaneous fees and charges incurred during a legal process, such as expert witness fees. These fees are made by a professional, such as a solicitor, on behalf of their client. These fees are then claimed back by being included on the bill for the services provided by the professional, ie the solicitor.

DISCLAIM/DISCLAIMER

To disclaim is to give up a claim or right. A disclaimer is a notice to restrict responsibility.

DISCLOSURE

Disclosure refers to a process that forms part of legal proceedings, whereby the prosecution inform or disclose to the other parties the existence of relevant material that they have in their control.

DISCONTINUANCE

Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case

DISCOVERY OF DOCUMENTS

Mutual exchange of evidence and all relevant information held by each party relating to the case

DISCRETIONARY TRUST

A discretionary trust is a trust in which the trustees can decide who will benefit from the trust and how much they will get.

DISCRIMINATION

Discrimination means treating a person more or less favourably than you would treat others in the same or similar circumstances. For example, discrimination could be conscious or unconscious and direct or indirect. One person’s perception of what is discriminatory behaviour may differ from another's

DISMISSAL

To make order or decision that a claim be ceased

DISPUTE

A Dispute is a civil problem not dealt with in court. A civil dispute which does come to court is known as a civil case.

DISTRAIN

Distrain is to seize goods a security for an unpaid debt.

DIVERSITY

Diversity recognises and addresses the affects of discrimination on particular groups, but which focuses on improving opportunities for all. It is about respecting and valuing people as they are, rather than expecting them to conform to a stereotype.

DIVISEE

A Divisee is the person who is left freehold property or land in a will.

DIVORCE

Divorce is the dissolution or nullity of marriage, in other words the legal end to a marriage.

DIVORCE PETITION

A divorce petition is an application for a divorce, ie the legal end to a marriage.

Back to top

E

EASEMENT

Easement is a right to use someone else's land.

EMPLOYMENT LAW

This category covers help on anything to do with what happens at work. For example, you may feel you have been sacked unfairly. You may need advice on aspects of your employment contract or whether you have a case for racial or sexual discrimination. You may want to know whether a strike is legal or how you stand on data protection and employee confidentiality

ENCUMBRANCES

An Encumbrance is a burden or hindrance that can affect the transfer of a property, most commonly a mortgage or other financial claim. To enable the smooth transfer of a property it must be 'free from encumbrances'.

ENDURING POWER OF ATTORNEY

An Enduring Power of Attorney is a power of attorney that takes place in the future. If a person is capable of handling their own affairs at present, then they can sign an enduring power of attorney that will only come into effect when they are no longer capable of doing so. This allows and authorises the person appointed to act for the person who signed the power of attorney.

ENFORCEMENT

Method of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court

ENFORCING A JUDGEMENT

When a judgement has not been paid or its terms obeyed, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendant's property for sale.

ESCROW

An Escrow is a deed which has been supplied but cannot become of use until a future date.

ESTATE

An estate is everything that a person owns at the date of their death, or the right to use land for a set period of time.

ESTIMATE

An estimate is a proposal to do requested work for a set price.

EUTHANASIA

Euthanasia is the act of killing or aiding the killing of someone to end their suffering.

EX PARTE

Ex parte is a Latin legal term meaning "from (by or for) one party". Ex Parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties involved in these proceedings.

EXCHANGE OF CONTRACT

Exchange of contract is swapping/exchanging identical contracts. For example, when land is sold, the person selling and the person buying each sign identical copies of the contract and exchange them. The contract is then binding on both of them.

EXECUTOR

Executor is the name given to a person who has been appointed to administer the provisions of a will. Executor is the name given to a male, Executrix to a female.

EXEMPT

To be freed from liability or allegiance

EXPERT WITNESS

An Expert Witness is a person employed to give evidence on a subject in which they are qualified or have expertise such as a Forensic Scientist.

Back to top

F

FAMILY LAW

This category covers legal help on all family issues. For example, you may want advice on what to do if you want your children to live with you following a divorce and whether the other party should have contact with them. You can get help on what to do about domestic violence, or if your child is being taken into care or being considered for adoption.

FAST TRACK

Fast Track is the route taken to for claims of more than £5000 but not more than £15000.

FEES AND COSTS

Fees are monies payable on issue of a claim or subsequent process.

FIDUCIARY

A Fiduciary is an individual in whom another has placed paramount trust and confidence to manage and protect property or money. The relationship in which one person has an obligation to act for another's benefit. Fiduciary Services may be provided by an individual such as a guardian to minors, or a corporation such as a bank, who for example may act as an administrator of estates.

FILING

In legal terms, filing is the process of delivering or presenting forms and other documents to a court. For example a claim, or defence to a claim must be filed.

FINAL JUDGEMENT

A Final Judgement is the court's final decision in a civil case.

FIXED COSTS

In civil cases costs that are set at a certain level can be claimed in specific circumstances. An example of such would be if a defendant fails to acknowledge a claim, then the claimant can obtain judgment as well as an order for fixed costs to compensate for the cost of starting the claim.

FORBEARANCE

Forbearance is where one party to an agreement refrains from doing what they are legally entitled to due, ie pursue a borrower for not keeping up repayments on a mortgage.

FORCE MAJEURE

Force Majeure is French for 'superior force' and in law is referred to in an event which cannot be controlled and which stops obligations under an agreement from being fulfilled.

FORECLOSURE

Foreclosure is the legal process by which an owner’s right to a property is terminated, usually due to defaulting on payments. The lender may apply to the High Court for an order insisting the debt be re-paid. If the debt is not re-paid then the property will be repossessed and re-sold, with sale proceeds being applied to the mortgage debt.

FORFEITURE

Forfeiture is the loss of possession of a property because the tenancy conditions have not been met by the tenant.

FOSTER CARE

Foster Care is a system by which children who have been removed from their birth parents by the authorities, are taken in by carers who are certified and thoroughly checked out for their suitability and capability, known as foster carers.

FREEHOLD

If your property is Freehold, you fully own the property and the land it sits on, as well as any other buildings that are on that land (such as garages and other outbuildings), together with the rights and obligations that come with the property and land. It is your sole responsibility for the maintenance of the property. Owners of freehold property are generally free to do as they please with their property and land such as carry out refurbishments, or build an extension or outbuildings, subject to it meeting legal requirements and that planning permission is sought and obtained where appropriate.

FRUSTRATION

Frustration is the stopping of a contract. If for some reason a contract cannot be carried out because something makes it impossible it may be stopped, and this is called frustration of contract.

Back to top

G

GARNISHEE

A Garnishee is person who owes a third party a debt which is attached by court order for the benefit of a judgment creditor.

GARNISHMENT

Garnishment is the process by which a summons is issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant

GAZUMPING

When a seller of property, after agreeing to sell to one buyer, accepts a better offer from another person.

GRANT OF PROBATE

A Grant of Probate is a certificate that confirms that the executors of a will are permitted to deal with the estate. A Grant of Probate is issued by a registrar once they have been satisfied with all the documents supplied by the executors.

GUARANTOR

Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement

GUARDIAN

A Guardian is a person appointed to safeguard/protect/manage the interests of a child, or person under mental disability.

Back to top

H

HARASSMENT

Harassment includes a range of unsolicited behaviour, which, whether intentionally or not, creates feelings of unease, humiliation, intimidation, discomfort or offence.

HARASSMENT OF DEBTORS

Harassment of debtors is the illegal act attempting to collect a debt using threatening behaviour, or acting in a way that causes distress and humiliation to the debtor.

HARASSMENT OF OCCUPIERS

Harassment of debtors is an illegal act committed by landlords who use violence, or threaten to use violence in an attempt to repossess the property.

HOUSING CLAIM

A Housing Claim is the process a landlord may use in a county court to recover land, property or money for arrears or damage to a property.

HUMAN RIGHTS

The Human Rights Act 1998 gives legal effect in the UK (excludes Isle of Man and Channel Islands) to the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights not only affect matters of life and death like freedom from torture and killing but also affect your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements. The rights are not absolute – governments have the power to limit or control them in times of severe need or emergency. You also have the responsibility to respect the rights of other people – and not exercise yours in a way that is likely to stop them from being able to exercise theirs.

Back to top

I

IMMIGRATION AND NATIONALITY LAW

This area of law covers legal help on anything to do with immigration into the UK . For example, you may have questions relating to your nationality or right to stay in this country. You may need to know about asylum, the information you require to enter the UK and why you may be deported.

IN LOCO PARENTIS

In loco parentis is the Latin term for 'In place of the parent'.

INDEPENDENT

An 'Independent' is a person or organisation not connected to any of the parties in a dispute or legal case.

INFANT

An infant is also referred to as a minor. In legal terms this is a person under the age of 18 years of age which prevents them from acting on their own behalf in legal proceedings.

INHERITANCE

Inheritance is the practice of passing on property, titles, debts, and obligations upon the death of an individual. Inheritance Rules are very complex and ever changing.

INJUNCTION

An order by a Court either restraining a person or persons from carrying out a course of action or directing a course of action be complied with. Failure to carry out terms of the order may be punishable by imprisonment

INJURY

An Injury is where someone is hurt and can claim money from the person who caused it, i.e. in an injury claim.

INSOLVENCY

Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors as a result of an order under the Insolvency Act 1986. Insolvency is usually referred to in business terms.

INSPECTION OF DOCUMENTS

Following disclosure of each party’s documents by discovery, the arrangements made by the parties to allow mutual exchange and copying of documents INSTRUCT
To formally request a solicitor to act for you in a case/matter

INTANGIBLE PROPERTY

Intangible Property is a property which does not physically exist, such as a patent.

INTER ALIA

Inter alia is the Latin term for 'Amongst other things'.

INTER PARTES

The term inter partes is the Latin for "between the parties". It is used in court proceedings, where third parties have the right to request and fully participate in these proceedings.

INTERIM ORDER

An Interim Order is an order made during proceedings that is not a final order.

INTERLOCUTORY

Interlocutory refers to an order, sentence, decree, or judgment, given midway between the initiation and termination of a cause of action, used to provide a temporary decision on a matter. Therefore, an interlocutory order is not final and is not subject to immediate appeal.

INTERPLEADER

A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership

INTESTATE

An Intestate is a person who dies without leaving a will. There is a body of law called Intestacy Law, that determines who is entitled to a person's estate.

INTIMIDATION

Intimidation is threatening or scaring someone into doing something.

Back to top

J

JOINT LIABILITY (OR SEVERAL LIABILITY)

Joint, or several liability is when two or more (several) people are responsible for paying back a debt. As well as being responsible as a pair or a group, they are also individually responsible for repaying the debt.

JOINT TENANCY

Joint tenancy is a type of ownership where two or more people equally share ownership of a property. Upon the death of any owner, the survivors take the decedent's interest in the property, known as right of survivorship.

JOINT WILL

A joint will is a single will in which two or more people make to cover all their estates. Probate has to be obtained on each death.

JUDGEMENT

Final decision of a Court. A monetary judgment requires the payment of a sum of money by one party to another

JUDGEMENT CREDITOR

A judgement creditor is the person who is owed money and has been to court to obtain a judgement for the money owed.

JUDGEMENT DEBTOR

A judgement debtor is the person who owes the money the court judgment states is owed.

JUDGEMENT IN DEFAULT

A judgement in default is where somebody gets a judgment against them for failing to do something, for example if a civil case has gone to court and the defendant fails to show up, the claimant may ask the court to issue a judgement in default to the defendant to pay back the money being claimed.

JUDGEMENT SET ASIDE

A judgement or order can be set aside, or made void, at the request of a party to the case in specific circumstances, for instance if they were too ill to attend court on the day of the judgment.

JUDGEMENT SUMMONS

A judgement summons is a summons to appear in court to divulge income and assets under oath because a judgement debtor has failed to pay the judgement debt.

JUDICIAL SEPARATION

A Judicial Separation is a court order stating that a married couple should live apart.

JURISDICTION

The area and matters over which a Court has legal authority

JUVENILE

A juvenile is an adolescent who may display a lack of maturity, and in law is referred to as a minor.

Back to top

L

LAND REGISTRY

The Land Registry holds a record of land ownership and interests in land For more information visit the Land Registry website.

LANDLORD

A Landlord is a person or organisation that owns land and/or buildings which are leased to tenants.

LANDLORD AND TENANT ACT

Act which empowers applications seeking extension of a lease or some other action concerning tenancy

LAWSUIT

A lawsuit is a proceeding in a court of law, particularly in civil cases.

LEASE

A Lease is a contract allowing occupation of property, or use of a car during a specified time for a specified payment.

LEASEHOLD

A Leasehold is a land or property held under a lease.

LEGACY

A Legacy is a gift of personal property left in a will.

LEGAL AID

Legal Aid, sometimes referred to as public funding, is a facility for the fees and expenses of counsel, solicitors or other legal representatives to be funded by the state for those on low incomes or benefits.

LEGATEE

A Legatee is a person to whom personal property is given by a will - the legacy.

LESSEE

A lessee is the person a property has been leased to.

LESSOR

A Lessor is the person who lets a property via a lease.

LETTER OF CREDIT

A Letter of Credit is a document issued by a bank to guarantee a payment.

LETTERS OF ADMINISTRATION

Letters of Administration are issued following the death of a person who has left no valid will to authorise an administrator who is given the powers and duties required to administer the estate of the deceased person.

LIABILITY

A Liability is a responsibility or an obligation. For example, a debt is a liability.

LIBEL

Libel is a false and malicious written and published statement or article which infers damaging remarks on a persons reputation.

LICENSED CONVEYANCER

A Licensed Conveyancer are legal specialists who assist clients in the buying and selling of property.

LIEN

A Lien is a legal right to hold the property of a debtor until payment is made.

LIFE INTEREST

Life interest is an interest which will be passed on to someone else when the present title holder dies.

LIFE TENANT

A life tenant is someone who is entitled to use a property for the rest of their life.

LIMITATION CLAUSE

A Limitation Clause places a limit on the amount that can be claimed for a Breach of Contract claim, regardless of the actual loss.

LIQUIDATED DAMAGES

Liquidated Damages are damages agreed in advance by the parties to a contract in case one of them should later breach the terms of the contract.

LIQUIDATION

Liquidation is the termination of a business operation by using its assets to discharge its liabilities.

LIQUIDATOR

A liquidator is the person appointed to wind up a company.

LISTING QUESTIONNAIRE

A Listing Questionnaire is a pre-trial checklist used in Fast Track and Multi Track claims, to ensure that all issues are resolved and that the parties are ready for trial.

LITIGANT

A litigant is a person who is a party to a lawsuit; a person involved in a legal case.

LITIGANT IN PERSON

A Litigant in Person is someone who starts or defends a case without legal representation. They may be entitled to be accompanied by another person who may advise them, but may not address the court.

LITIGATION

Litigation is the process of a dispute being resolved through court. Litigation proceedings can be either civil or criminal.

LITIGATION FRIEND

A Litigation Friend is a person who conducts legal proceedings on behalf of a child or a mentally incapacitated person.

LLP

The abbreviation LLP in relation to solicitors and solicitors firms stands for "LIMITED LAW PARTNERSHIP"

Back to top

M

MAINTENANCE PENDING SUIT

A temporary order for financial provision made within divorce proceedings until such time as the proceedings are finalised (i.e. by issue of the Decree Absolute)

MALICIOUS FALSEHOOD

Malicious falsehood is a written or spoken lie told with malice, and was told with the knowledge of doing so.

MALICIOUS PROSECUTION

Malicious Prosecution is a prosecution of another without feasible grounds to suppose that such action will be successful.

MANDATE

A mandate is an official document giving an official instruction or command.

MATERIAL FACTS

Material Facts are facts which are a key part of a defence or a claim.

MATRIMONIAL CAUSES

Matrimonial causes are the court proceedings to divorce a married couple; dissolve a marriage.

MATRIMONIAL HOME

The matrimonial home is the house that a husband and wife live in as a married couple.

MATTER

Proceedings commenced by way of originating application

MEDIATION

Civil, commercial and family mediation is a way of solving problems without going to court in which an impartial third party, the mediator, helps find a mutually acceptable resolution. If mediation fails, court proceedings can be initiated.

MESNE PROFITS

Sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up

MESSUAGE

In law a messuage is a dwelling, or a house along with any land or out buildings.

MINOR

Depending on the jurisdiction and application, the age of a Minor may vary, but is usually marked at either 12, 16, 18, 20, or 21. Currently in the UK this is someone below 18 years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian. A minor is also referred to as an 'infant'.

MISCONDUCT

Misconduct is a legal terms which means doing something wrong, aware that such action is unlawful.

MISREPRESENTATION

Misrepresentation is a concept of contract law. It means a false statement of fact by one party to another, to encourage the other party to enter into a contract. For example, you may be sold goods described as 'new', when in actual fact they turn out to be re-conditioned.

MONEY CLAIM

A Money Claim is a claim for money only in the County Court.

MORATORIUM

A Moratorium is a delay of action, so for example it may be arranged not to take action to recover a debt for an agreed length of time.

MORTGAGE

A loan of money advanced to purchase property. The transfer of the property is withheld as security for payment

MORTGAGEE

The party that advances the loan

MORTGAGOR

The party obtaining the loan

MULTI TRACK

Multi track is the route taken for claims over £15000. 56. MUNIMENT

MUNIMENT

A muniment is a deed, or a legal document that proves ownership, or a right to something.

Back to top

N

NAKED TRUST

A Naked Trust is a trust that holds property for a trustee until they request it back.

NATURALISATION

In law, naturalisation is giving a citizen of one country citizenship of another.

NEGLIGENCE

Negligence is the failure to use a reasonable amount of care which could then result in injury or damage to another.

NEGOTIABLE INSTRUMENT

A Negotiable Instrument is a document which promises to pay an amount of money. A cheque is an example of a negotiable instrument.

NEXT FRIEND

A person representing a minor or mental patient who is involved in legal proceedings

NO WIN NO FEE

If you enter into a No Win No Fee agreement, your solicitor will take on your case aware of the fact that if you lose, they will not get paid. However, there is more to the costs than just your solicitor’s fees. If you do lose your case, you may still have to pay the legal costs of the person/body you are claiming against, and in some cases their disbursements, which are other expenses, such as fees for expert witnesses.

NON COMPUS MENTIS

Non compus mentis is the Latin term for 'Not of sound mind and understanding'. NON-DISCLOSURE Non-Disclosure is the act of failing to reveal (disclose) facts to the opposing side of a contract to influence their decision to be a party to the contract. NON-SUIT Proceedings where the plaintiff has failed to establish to the Court's satisfaction that there is a case for the defendant to answer

NOT NEGOTIABLE

Not Negotiable is term within a contract which means something within it (the part the term relates to) cannot be transferred.

NOTARY PUBLIC

Someone who is authorised to swear oaths and certify the execution of deeds.

NOTICE OF ISSUE

Notice sent by a Court to the claimant giving notification of the case number allocated to their action and details of fees paid. Confirms date of service

NOTICE TO QUIT

Gives prior notice, when served in possession proceedings, of termination of a tenancy

NUISANCE

In legal terms, a nuisance is when someone does something that harms other people's rights.

NULLITY

Application to the Court for a declaration that a marriage be declared 'void' or be annulled i.e. declared never to have existed or to have subsisted until the Court dissolved it

Back to top

O

OBLIGATION

An obligation is a legal duty to do something.

OBLIGEE

An obligee is someone who has something done under contract, for example receives money.

OBLIGOR

An obligor is someone who has to do something such as pay money because they are bound by a contract.

OBSTRUCTION

Obstruction is a motoring offence which may involve for example, leaving a vehicle in a place which obstructs other vehicles or pedestrians, or driving in such a way which inconveniences other road users.

OCCUPATION

In law, occupation is taking control of a piece of land which belongs to someone else.

ORDER

An 'Order' is a direction by a Court.

ORIGINATING APPLICATION

A method of commencing proceedings under the authority of a specific act of parliament, e.g. Landlord and Tenant Act, whereby the applicant asks the Court to grant an order in their favour

ORIGINATING SUMMONS

An originating summons is a summons that sets out the questions that the court is being asked to settle. It is prepared when the interpretation of the law or documents needs to be resolved, even though the actual facts in a case are not disputed.

OUSTER

An order within an injunction to force a person to leave a property

OUT OF COURT SETTLEMENT

An out of court settlement is a resolution between the plaintiff and the defendant before going to trial.

Back to top

P

PARTICULARS OF CLAIM

A Particulars of Claim is a document containing details of the claimant's claim which must be contained in the claim form. The particulars should be a concise statement of the facts of the claim.

PARTY

Any of the participants in a Court action or proceedings

PARTY AND PARTY COSTS

Costs that one party must pay to another

PARTY WALL

A Party Wall is a wall or in some cases a fence, which has been erected on the line between two properties, and is shared by both owners.

PENALTY POINTS

Penalty Points are points given by a court to a driver of a vehicle for one or more of a number of possible driving offences. Once anyone receives a certain number of points, usually 12 within 3 years, then they are likely to lose their licence for a period of time.

PERPETUITY

A Perpetuity is a payment which lasts forever, or for an unlimited duration. The law prevents things such as property being held in perpetuity as this may hinder the housing market by hampering the circulation of housing.

PERSONAL APPLICATION

Application made to the Court without legal representation

PERSONAL GUARANTEE

A Personal Guarantee is a pledge by a person to a lender, to repay a debt on behalf the main borrower if they fail to make their repayments.

PERSONAL INJURY

This area of law covers help concerning claims for damages for injury caused by another person or organisation. For example, you may need advice on claiming following a traffic accident or a slip or trip in a public place. You may want to know how you stand on the issue of an accident at work, or a disease you caught there.

PERSONAL REPRESENTATIVE

A Personal Representative is a person who is appointed to administer the estate of a deceased person. If there is a will, then executors appointed will be the personal representatives. Where a person dies without a will, the court appoints an administrator.

PERSONAL SERVICE

Personal delivery (i.e. not by mail) of a claim, summons or notice

PLAINTIFF

A Plaintiff is an individual/body that instigates legal proceedings.

PLANNING

Planning regulations are there to help shape the way our towns, cities and countryside develop. This includes the use of land & buildings, the appearance of buildings, landscaping considerations, highway access and the impact that the development will have on the general environment. For many types of building work, separate permission under both Planning Permission and Building Regulations will be required. For other building work, such as internal alterations, Buildings Regulations approval will probably be needed, but Planning permission may not be. If you are in any doubt what so ever, or need any further information you should contact your Local Planning Authority.

PLEDGE

A Pledge is allowing another to take possession of goods without the ownership transferring. It is often done to give security for money owed or to ensure something is done as promised.

POLYGAMY

Polygamy is being married to more than one person at the same time.

POSSESS

Possess is a term used in Property Law and Conveyancing, and is to own, or have as one's property.

POSSESSION

Possession of something, is owning, or possessing something, ie a property.

POSSESSION PROCEEDINGS

Legal proceedings by a landlord to recover land/property i.e. house, flat, garage etc

POWER OF APPOINTMENT

A Power of Appointment is a person giving a second person the power to dispose of the first person's property.

POWER OF ATTORNEY

A Power of Attorney is a document which gives power to the person appointed by it to act for the person who signed the document.

PRACTICE DIRECTIONS

Practice Directions are steps to be followed by parties to a dispute prior to legal action. The aim of them is to increase co-operation between parties and hopefully the chances of an early settlement.

PRACTICING CERTIFICATE

A Practicing Certificate is a certificate issued by the Law Society each year and shows a person is authorised to practice law.

PRECEDENT

Precedent is the decision of a case which established principles of law that act as an authority for future cases of a similar nature.

PRECEPT

A Precept is an order (eg a write or warrant) issued by a court to an official body, ie Police, HM Revenue & Customs or a Council, to order a payment or to do/not to do something.

PRESCRIBED LIMIT

The prescribed limit refers to the legal alcohol levels in your breath, blood and urine. You can be found guilty of drink driving if you exceed the prescribed limit.

PROBATE

Probate is the term which relates to the process in which the estate of a deceased person is administered. All claims are resolved and distributed as per the person's will.

PROCESS

In law terms 'process' is referred to as: - a summons or writ, issued by an authorised person to order someone to appear in court - when a claim or subsequent action is filed through to completion

PROMISSORY NOTE

A Promissory Note is a written promise to pay a specified amount at a certain time.

PROTECTED TENANCY

With reference to a tenancy agreement for a property, protected tenancy gives the tenant certain rights such as protection from eviction, proving the tenant keeps to the terms and conditions of the agreement.

Back to top

Q

QUALIFYING CHILD

In relation to Child Support, a qualifying child is a natural or adopted child under 16, or if in full time education, 19.

QUIET ENJOYMENT

Quiet Enjoyment is a clause in a lease that allows the tenant to enjoy the property without interference from the landlord.

QUIET POSSESSION

Quiet Possession is the right granted to a buyer by a lender to use a property without any interference from the lender unless the buyer defaults.

Back to top

R

RACIAL DISCRIMINATION

Racial Discrimination is abusive or discriminatory behaviour towards somebody of a different race, colour, nationality or culture.

REAL ESTATE

Real estate is a legal term that encompasses land along with anything permanently affixed to the land such as buildings, and any rights to the land.

REASONABLE / REASONABLENESS

Used in defining negligence. The standard or test for a Court. For example, did an individual do what a reasonable individual would have done in the same situation?

REDUNDANCY

Redundancy is where an employer needs to reduce his or her workforce. This may be for a number of reasons such as the business closing down, or that a particular job type id no longer required. As an employee, for you to be made redundant your job should no longer exist. Your employer must not recruit for the same job or they may have broken the law. This is a vast topic which is part of Employment Law.

REGISTERED LAND

Registered Land is any land that is registered at the Land Registry.

RENOUNCING PROBATE

Renouncing Probate is when a proposed executor signs a legal document which cancels their appointment from the start.

REPOSSESSION

Repossession is where a financial institution takes back an object, for example a house or a car. This is usually done in accordance with a credit agreement, such as a mortgage or hire purchase agreement.

RESERVATION OF TITLE

A Reservation of Title is a clause within a contract which leaves ownership of the goods with the seller(or lender) until the goods have been paid for. This will be a clause in a Hire Purchase agreement on a vehicle, where the person with the agreement will not actually own the vehicle until all payments have been made. There is usually a final charge to pass title from the lender to the name on the agreement.

RESIDENCE ORDER

A Residence Order is an order that a court issues when it has decided where a child should live, and sets out details of the decision made.

RESIDUARY LEGACY

The Residuary Legacy is what remains to be given out from an estate after all debts, taxes and specific legacies have been paid.

RESIDUE

The Residue is what is left of an estate after all debts, taxes, expenses and specific legacies have been dealt with.

RESTRICTIVE COVENANT

A Restrictive Covenant is an agreement within a contract which limits or restricts the use of land owned by one of the parties. For example, that the property must not be used to run a business.

RETAINER

In law, a Retainer may be a sum of money paid in advance to a Barrister to act in a case.

REVOLVNG AGREEMENT

A Revolving Agreement is a credit agreement by which the person named on the agreement can re-borrow to top up the loan, providing they stay within any stated credit limit.

RIGHT OF WAY

'Right of Way' is a legal term used in land law which refers to a legal right obliging the owner of land to allow people to cross it.

Back to top

S

SATISFACTION

Satisfaction is paying a debt or settling an obligation by an act or deed. County Court Judgements for example, are satisfied once paid.

SCHEME OF ARRANGEMENT

A Scheme of Arrangement is an agreement between a person with debts who cannot pay them, and the creditors. The agreement is court approved. The creditors share the money the debtor is able to pay in proportion to what they are each owed. When a person intends to buy a property such as a house, an inspection is arranged via a Solicitor with organisations such as the Land Registry to discover any adverse information about the property or the surrounding area, i.e plans for future motorways or buildings.

SECURITY OF TENURE

A Security of Tenure is a period in which something is held. Delivery by post or personal service of the claim, or other court documents

SETTLEMENT

A Settlement is a voluntary agreement between the claimant and the defendant to settle their civil case.

SEXUAL HARASSMENT

Sexual Harassment includes unwanted physical contact and unwelcome verbal sexual advances.

SLANDER

Spoken words which have a damaging effect on a person's reputation

SMALL CLAIMS TRACK

The Small Claims Track is the route taken for claims of £5000 and under (and personal injury and housing disrepair claims of no more than £1000).

SOLICITOR

Solicitors are the initial point of contact when an individual has a legal problem. Their role is to meet with prospective clients, hear the client's problems, give legal advice, drafts letters and documents, negotiate on the client's behalf, handle the clients money and prepare the client's case for trial corresponding with other parties involved. Solicitors can only represent their clients in a criminal case that is heard in the magistrates Court. However, if a legal matter is referred to a higher Court then the Solicitor will instruct a Barrister to act on their client’s behalf.

SOLICITOR ADVOCATE

A Solicitor Advocate os a Solicitor who has higher rights of audience allowing them to do the same work as a Barrister.

SPECIFIED CLAIM

A type of claim which is issued for a fixed amount of money allegedly owing.

STANDARD OF PROOF

Standard of Proof is the level of proof a person has to attain so that the Court will decide in their favour. In criminal cases, the level is beyond reasonable doubt. In civil cases, it is on the balance of probability.

STATEMENT

A written account by a witness stating the facts and details of the matter in question.

STATEMENT OF CASE

Known as 'Pleadings' until April 1999, The Statement of Case contains a summary of the claimant’s case and includes a claim form, the particulars of the claim, the defence and any reply to the defence, and any counterclaim.

STATEMENT OF TRUTH

A Statement of Truth is a statement which states that a party believes that the facts they have written down are true. Every statement of Case must be verified by a Statement of Truth and be signed by the parties involved.

STAY

A Stay is a suspension of court proceedings. This remains the case until an order has been followed. No action may be taken in the case other than an application to have the stay lifted. A case can also be 'stayed' when an offer of payment is accepted or if the court feels it necessary

STAY OF EXECUTION

An order following which judgment cannot be enforced without leave of the court

STRIKING OUT

The court can strike out a case, preventing all further proceedings, if a party fails to comply with a rule, practice direction or court order. This can also occur if it appears there are no reasonable grounds for bringing or defending a claim. Either the claimant or the defendant can ask the court to strike out a case.

SUBPOENA

A summons issued to a person directing their attendance in Court to give evidence

SUIT

Legal proceedings commenced by petition

SUITOR

Person bringing a suit before the Courts

SUMMONS

A Summons is an order to appear or to produce evidence to a Court. In the UK a Summons is also known as a 'claim form'.

SURETY

A person's undertaking to be liable for another's default or non-attendance at Court

Back to top

T

TENANT

A tenant is a person who pays rent to use land or a building or a car that is owned by someone else, under a lease agreement.

TESTATOR

A person who makes a will

TESTIMONY

A testimony is a solemn statement made under oath. THE TRADE DESCRIPTIONS ACT 1968 The Trade Descriptions Act 1968 is an Act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on.

THIRD PARTY

A Third Party is someone who is not a party to an agreement or contract, but has an interest within it. As a general rule a 'third party' would have no privileges or rights under a contract.

TORT

A civil wrong committed against a person for which compensation may be sought through a civil Court, e.g. personal injury, negligent driving, libel etc

TRESPASS

A Trespass is a person who enters another person's property or land without right or permission

TRIAL

A Trial is a public hearing in which the evidence in the case and the law are examined. TRIAL (Civil) Civil trials are usually held before one or more judges without a jury. The form and length of the trial will depend on the track it has been allocated to.

TRIBUNAL

A group of people consisting of a chairman (normally solicitor/barrister) and others who exercise a judicial function to determine matters related to specific interests, e.g. Employment Tribunal - appeals against dismissal/job loss; VAT Tribunal - appeals against the amount of duty levied by Customs and Excise

TRUST

Property legally entrusted to a person with instructions to use it for another person (or person's benefit)

TRUSTEE

A person who holds or administers property in a trust for another (or others)

Back to top

U

UNDERTAKING

An undertaking is a promise that can be enforced by law. It may be made by a party or their legal representative during legal proceedings.

UNFAIR DISMISSAL

Unfair Dismissal is a subject covered under Employment Law. There are several ways your dismissal could be unfair. Most commonly these could be: - your employer does not have a fair reason for dismissing you (eg if there was nothing wrong with your job performance) - your employer did not follow the correct process when dismissing you (eg if they have not followed their company disciplinary procedures correctly) - you were dismissed for an automatically unfair reason (eg because you wanted to take maternity leave)

UNSPECIFIED CLAIM

A claim where the amount to be awarded is left to the Court to determine, e.g. damages to be assessed for personal injuries.

Back to top

V

VARIED ORDER

A Varied Order may be granted by the Court, where a defendant has been ordered to pay an amount of money they cant afford. They can ask the court to vary the order to allow installments, or reduced installments if this was already the agreed method of payment.

VERBATIM

Verbatim is the Latin term for 'Word by word', or 'Exactly'.

VICARIOUS LIABILITY

Vicarious Liability is where a person or organisation is legally liable for what someone else has done. For example, where a National Health Trust may be liable for work done by an individual in their employment.

Back to top

W

WALKING POSSESSION

A signed agreement by a debtor not to remove goods levied by a bailiff under the authority of a warrant of execution and to allow the bailiff access at any time to inspect the goods, in consideration of which the bailiff leaves the goods in the possession of the debtor

WARD OF COURT

The title given to a minor who is the subject of a wardship order. The order ensures that custody of the minor is held by the Court with day to day care of the minor being carried out by an individual(s) or local authority. As long as the minor remains a ward of Court, all decisions regarding the minors upbringing must be approved by the Court.

WARRANT

A Warrant is a type of writ, and is an order by the court permitting the Police, HM Revenue & Customs, or other official body to carry out specified acts, for example to search an individuals property.

WARRANT OF DELIVERY

Method of enforcing a judgment for the return of goods (or value of the goods) whereby a bailiff is authorised to recover the goods (or their value) from the debtor and return them to the creditor

WARRANT OF EXECUTION

Method of enforcing a judgment for a sum of money whereby a bailiff is authorised , in lieu of payment, to seize and remove goods belonging to a defendant for sale at public auction

WARRANT OF POSSESSION

Method of enforcing a judgment for possession of a property whereby a bailiff is authorised to evict people and secure against re-entry

WARRANT OF RESTITUTION

A remedy available following illegal re-entry of premises by persons evicted under a warrant of possession. The bailiff is authorised to evict all occupants found on the premises and re-deliver the premises to the plaintiff

WILL

A declaration of a person's intentions to distribute his/her estate and assets

WITHOUT PREJUDICE

Without Prejudice means without pre judging an issue. A party may suggest to the other party that the case be ended on certain terms without admitting or pre judging anything. If the matter ended up in Court, the Judge would not be advised of the suggestion.

WITNESS SUMMONS

A Witness Summons is a document that is issued by a court, and requires a person to give evidence in court, or to produce any other documentation for the court.

WRIT

A Writ is a formal written order issued usually by a Court. The Writ will usually order someone to do, or to stop doing something. A Warrant is a type of writ.

WRONGFUL DISMISSAL

Wrongful Dismissal is often confused with Unfair Dismissal, however they are two different things. Both are under the Employment Law umbrella, however Wrongful Dismissal is based on Contract Law. Any claim for Wrongful Dismissal will therefore mean looking at the employee's employment contract to see if the employer has broken the contract. The most common breach is where the employee is dismissed without notice or the notice given is too short

Back to top