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
Actuary
A statistician who computes insurance risks and premiums.
Adjournment
The postponement or suspension of the hearing of a case until a future date
Administraion order
An order made in the county court to administer the payment of debts of an individual OR in the case of a company, an order of the court to appoint someone to take control of the business assets.
Administrator
Someone appointed to carry out an Administration order OR The person appointed to carry out the administration of the estate of a person who died without making a will
Advocacy
The act of pleading or arguing in favour of something, such as a cause, idea or policy.
Advocate
Someone who argues a case for a client in court
Affidavit
A sworn written statement used mainly to support certain applications and sometimes as evidence in court. The person must swear the contents are true in front of someone authorised to take oaths, for example a solicitor or commissioner for oaths.
Ancillary relief
Usually refers to financial provision made in the course of divorce proceedings.
Articled Clerk
Now called a trainee solicitor.
Attests
To affirm to be true, correct and genuine.
Attorney
A person legally appointed by another to act as his or her agent, specifically one qualified and licensed to act for either side in legal proceedings, such as a solicitor.
Bankruptcy
When a person has been judged to be insolvent and his affairs are administered so his assets can be fairly distributed between people he owes money to.
Barrister
Primarily barristers act as advocates for parties in court, usually only taking instructions from solicitors. They also write opinions and undertake some preparatory work to a trial. Also known as Counsel
Beneficiary
A person who benefits under a trust or a will.
Certificate of incorporation
Document issued by the Registrar of Companies after the registration of a company
Chambers
The offices occupied by barristers OR the private office of a judge where he can conduct court business when it does not have to be in open court.
Chancery Division
Division of the High Court of Justice principally concerned with matters relating to real property, trusts and the administration of estates.
Charge
A legal or equitable interest in land or property, securing the payment of money, for example a mortgage.
Circuit judge
A judge who can sit in the Crown Court and county court, and who is more senior than a District judge.
Claimant
The person who brings a civil claim to court.
Codicil
A supplementary document to a will which adds, varies or revokes provisions in the will. The same formalities as a will must be carried out to make it valid.
Cohabitation
Living together as man and wife, even if the people are not married
Collateral contract
A subsidiary contract that induces someone to enter into the main contract
Completion date
The date when ownership of property, for example a house, passes from the seller to the buyer. Occurs after exchange of contracts. The buyer will hand over any unpaid balance of the price.
Conveyancing
The procedures involved in validly creating, extinguishing or transferring ownership of interests in land, for example buying and selling property
Council tax
A local tax on private households to contribute to the cost of local government.
Counsel
See Barrister.
County Court
The court dealing with civil and family matters.
Court of Protection
Under the Court of Protection a Receiver is appointed to deal with someone's affairs when they are mentally incapable if they have not made an Enduring Power of Attorney as outlined below.
Damages
Compensation awarded for loss
Decree Absolute
Issued after the Decree Nisi. Brings the marriage to a legal end.
Decree Nisi
A conditional decree which states that the parties are entitled to a divorce. The applicant then waits a minimum of six weeks before applying for Decree Absolute.
Defendant
The person against which an action is brought.
Divorce
The legal termination of marriage.
Duress
Pressure put on someone to act a certain way. Acts carried out under duress are not usually legally binding
Easement
A right enjoyed by the owner of one piece of land, over another piece of land, for example a right of light.
Enduring ower of Attorney
A legal document which allows a person to appoint another person to deal with their affairs on their behalf even when they become mentally incapable.
Enforcement notice
A notice by a local planning authority that requires steps to be taken to remedy an alleged breach of planning control.
Estate
All of a person's possessions, especially all property and debts left after their death.
Exchange of contracts
The point at which a contract becomes legally binding. A purchaser of land hands to the seller a copy of the signed sale contract in exchange for an identical copy signed by the seller.
Execution of will
The process of making a will legally valid by signing and having the document correctly witnessed.
Executor
The person appointed in someone's will to carry out the necessary formalities, including payment of Inheritance Tax, and to divide the deceased's assets among the beneficiaries named in the will.
Final judgment
The judgment in civil proceedings which ends the action.
Franchise
Authority to act on behalf of an organisation, for example Community Legal Service.
Frustration of contract
The unforeseen termination of a contract due to an event that would make performance impossible or illegal.
Gazumping
The seller of property increases the sale price just before exchange of contracts
Gazundering
The buyer lowers the offer made to a seller just before exchange of contracts.
Golden Handshake
A payment made to a senior executive of a company who is forced to retire before the expiry of his employment contract, when his contract does not allow payment in lieu of notice.
Hearing
The trial of a case before a court.
Implied contract
A contract not created by express words but inferred from the conduct or previous relations between the parties.
Indemnity
An agreement by one person to pay another person on behalf of a third person, sums that are, or may become, owed.
Inheritance tax
The tax payable on the value of a person's estate on death and on certain lifetime gifts
Intestacy
When a person dies without having made a will to dispose of all his assets. Legislations sets out rules for how the estate will be distributed in this case.
Joint tenancy
Ownership of land by two or more persons who have identical interests in the whole land. The right of survivorship applies, so that when one joint tenant dies, his share passes to the surviving joint tenant(s)
K
No definition for items beginning with K
Law Society
The professional body for solicitors in England and Wales.
Lawyer
A general term covering attorneys, solicitors, barristers and advocates.
Lease
A contract where the owner of property grants someone else exclusive possession for an agreed period.
License
Formal authority to do something OR In the case of land, the licensor grants permission to a licensee to enter or occupy land for an agreed purpose, for example to go fishing on someone's land
Limited Company
A company whose members have limited liability for the company. In the case of a company limited by shares, the shareholders will only be liable to the company for the capital they invested.
Litigation
Taking action in legal proceedings OR The area of law dealing with all contentious matters
Maternity rights
The rights of a female employee when she is pregnant.
Matrimonial home
The home in which the husband and wife have lived together.
Mediation
Assisting parties, through the use of an independent third party, to resolve disputes. The courts encourage mediation and the early settlement of disputes.
Memorandum of assocation
A document which must be drawn up when a company is registered. It contains information such as the company's name and registered office.
Mortgage
An interest in property created as a form of security for a loan, and terminated on repayment of the loan.
Notary
A legal practitioner, usually a solicitor, who attests or certifies deeds and other documents, so they can be used abroad
Notice to quit
Formal notice given by landlord to tenant, or vice versa, to terminate the tenancy.
Oath
Swearing the truth of a statement or promise
Office copy entries
Now called Official Copies, these are copies of entries recorded at the HM Land Registry.
Personal representative
Includes executors and administrators acting under a will or rules of intestacy.
Petition
Application for a legal remedy, for example divorce or bankruptcy.
Precedent
A court judgment or decision used as the reason for reaching the same judgment in a subsequent case.
Probate
Legal recognition of the validity of a will.
Public law
Deals with the functions of the organs of government and the relationship between the individual and the state.
Queen's Counsel (Q.C.)
A senior barrister, also known as a "silk".
Quorum
The amount of people required to be present at a meeting for business to be legitimately carried out.
Recorder
A barrister or solicitor appointed to sit part-time as a judge.
Retification of will
In some circumstances a court may rectify a will that fails to carry out the intentions of the testator.
Redundancy
In an employment context, redundancy is where an employee fills a job that no longer needs to be done.
Registered office
The official address of a registered company.
Remedy
Any of the methods available at law to enforce or protect rights. Can include damages or an injunction.
Restrictive covenant
A limitation on the use of property, created by deed usually for the benefit of neighbouring property
Retention of title
A contractual term that allows the ownership of goods to remain with the seller until a specified event, for example payment of the goods.
Secured creditor
A person who has security for a debt owed to him, for example a mortgage over property
Service
The delivery of a document relating to court proceedings.
Stamp Duty
A tax payable on certain documents. The amount may be fixed or may depend on the value of the transaction connected to the document.
Statement of arrangements for children
A statement of proposals by parents which must be completed before a divorce will be granted.
Statute
An Act of Parliament.
STEP
Society of Trust and Estate Practitioners.
Tax Year
The year of assessment of income tax and capital gains tax, which runs from 6 April to 5 April.
Tenancy
An arrangement where the owner of land (Landlord) allows another person (Tenant) to take possession of the land for an agreed period, usually in return for rent.
Testator
Someone who makes a will.
Trusts
A legal title to property held by one person for the benefit of one or more persons.
Ultra vires
Latin phrase meaning an act by a body (such as a public authority or company) that goes beyond the powers it actually has.
Undertaking
A promise that creates an obligation.
Undue influence
Where someone exercises influence over another person, which stops them from exercising their independent judgment.
Unfair dismissial
A dismissal from employment that an Employment Tribunal deems to be unfair
Vacant possession
The exclusive use of land. A buyer will usually require vacant possession when purchasing a property .
VAT
Value Added Tax, payable on supplies of goods and services by way of business.
Wasted costs order
An order for costs made against the representative of a party on the ground that the costs were incurred by an improper or unreasonable act or omission.
Will
A legal declaration of how a person wishes his or her possessions to be disposed of after death.
Without prejudice
A phrase used to allow parties to an action to attempt to settle the claim without admitting liability. Correspondence headed "without prejudice" cannot be brought as evidence in a court without the consent of both parties.
Wrongful dismissal
Termination of a contract of employment which is not done in accordance with the terms of the contract.
X
No definition for items beginning with X
Y
No definition for items beginning with Y
Z
No definition for items beginning with Z