Term

Explanation

ACAS

The Advisory Conciliation and Arbitration Service.  Established by the Government with the aim to improve employer/employee relations.  Can be useful for facilitating settlements in Employment Tribunal claims.

Acquisition

Generally used to mean the purchase of a business enterprise as a going concern.

Administration Order

County Court order made to administer the payment of debts by an individual...or A court order, in respect of a company, which appoints an administrator to take control of business activities.

Administrator

Insolvency Practitioner who is appointed by the court under an Administration Order...or The person appointed to administer the estate of someone who has died intestate (without making a will), or when the appointed Executor dies before probate is granted. Authority is issued by the court under a Grant of Administration.

Adultery

A voluntary act of sexual intercourse between a man and a woman, at least one of whom is married, but not to the other.

Affidavit

A written statement in the name of a person who must then have the document sworn before a solicitor or commissioner for oaths. A fee is commonly payable.

Ancilliary Relief

Financial matters relating to the division of assets following a divorce or separation.

Arbitration

This is a long established method of resolving disputes under the control of the Chartered Institute of Arbitrators.  The parties appoint an independent Arbitrator (not a Judge) to decide the matter.

Arbitrator

The third party selected to resolve the dispute between two parties in dispute.

Attachment of Earnings Order

An Order from the Court addressed to a Judgment Debtor's employers specifying regular sums of money to be deducted from their wages and paid to the creditor or the Court.

Attorney

A person appointed to act in his place or represent him, particularly in relation to the signing of document.  In the United States, another name for a lawyer.

Bankruptcy

The process by which an insolvent person is made bankrupt and his estate is administered for the benefit of his creditors.  An undischarged bankrupt is subject to a number of disqualifications, including obtaining credit, holding a solicitor's practising certificate or being a Member of Parliament.

Barrister

Also known as Counsel.  A lawyer entitled to represent clients in the higher Courts.

Beneficial Owner

The person who enjoys or who is entitled to the benefit of property, often expressed to be so in a transfer of land.

Beneficiary

A person entitled to property held on trust or having an interest under a Will.

Bon Vacantia

Goods which do not have an apparent owner and where no one else claims the property, save for the Crown, eg shipwrecks and treasure troves.

Bona Fide

In good faith and honesty, without any fraud or participation in any wrong doing.

Breach

Usually the breaking or an omission to carry out a legal duty.  There can be a breach of duty to take care in relation to negligence and in the case of contract or a failure to abide by the terms of a contract.

Care Order

A Court Order which places a child in the care of the Local Authority.

Careless Driving

A driving offence (criminal). Formerly known as driving without due care and attention.

Cause of Action

The fact or combination of facts which give rise to the claim under Civil Law.

Chambers

A Judge's room where he can conduct affairs of the Court for those cases where it does not need to be in open Court. It also means the offices where Barristers carry out their work, such as the Temple or Lincolns Inn.

Charging Order

A Court Order which imposes a Charge on the debtor's house or other property in order to secure payment of money which is due to the creditor.

Circuit Judge

Judge who sits in both the Crown Court and the County Court and is more senior than a District Judge.

Claim Form

A form that needs to be completed to bring a civil claim in the High Court or the County Court.

Clause

A particular and separate article, stipulation, or proviso in a treaty, bill, or contract.

Clinical Negligence

See Medical Negligence

Code of Practice

Rules established by regulatory, administrative bodies, trade associations, etc., which are used to suggest and guide behaviour. These rules do not have the force of law.

Codicil

A document which is executed by the maker of a Will with a view to adding to, altering or otherwise explaining something in Will previously made by him/her.  It becomes part of the Will and has to be executed using the same formalities as a Will.

Cohabitants

A man and woman living together as man and wife, even if not married.

Commercial Law

This includes the law of business contracts, partnership, business disputes and trademarks and designs.

Common Law

This branch of English law has been formulated and developed over many years. It is not the result of legislation and is generally found in case law. In general contradictory, statutory provision would have precedence.

Common Law Marriage

A purely colloquial term which has no legal standing and simply means a man and a woman living together as husband and wife.

Completion date

This is the date that ownership of a property (e.g. house, flat, plot of land, or commercial premises) passes from the seller to the buyer.

Conditional Fee Agreement

A contract in writing between the person providing the legal services and the client, which provides for the fees and expenses to be payable only if the client wins.

Contributory Negligence

A form of defence claiming that the Claimant's own negligence caused or contributed to their own injury.

Corporate

Relating to a business corporation

Corporation

An invisible, intangible, artificial creation of the law existing as a voluntary chartered association of individuals that has most of the rights and duties of natural persons but with perpetual existence and limited liability

Counsel

See 'Barrister'

County Court

These Courts deal with civil matters (not criminal matters) and also family matters. Technically, they now have unlimited jurisdiction, but particularly large matters would be heard in the High Court. They also deal with bankruptcy cases.

Court of Appeal

Divided into Civil and Criminal Divisions. It hears appeals from decisions in the High Court and County Courts and against convictions or sentences passed by the Crown Court. The Court of Appeal is bound to follow decisions of the House of Lords, its own previous decisions and those of the courts which it superseded. Where previous decisions conflict, the Court of Appeal must decide which to follow.

Damages

Compensation for a loss suffered by a person (injury or monetary) following, for example, an accident or a breach of contract.

Debtors

Person owing money to another party

Decree Absolute

Once the Court has sealed the Decree Absolute form, the divorce is then final.

Decree Nisi

An Order from the Court which is a halfway house between the start of the divorce proceedings and the Decree Absolute (see later).

Deed

A legal document setting out the terms of an agreement and which is signed by all parties.

Disbursements

Sums which appear on Pictons' account but which we pay over to central or local government agencies. The main disbursements these days are stamp duty and Land Registry fees.

Disbursements

Paying out in the discharge of a debt or expense.

Discrimination

Treatment of one or more members of a specified group in a manner that is unfair as compared to the treatment of other people who are not members of that group.

Dispute

A disagreement between two parties leading to action being taken.

Disrepute

The state of being discredited (loss of reputation)

Employer

A person that employs people

Employment

People are considered employed when they work in a paid job, are self-employed or are doing unpaid work in a family business. Those absent from work on a sick leave or due to strike are also considered as employed.

Enduring Powers of Attorney

A legal document granting a named person the authority to act on your behalf which remains in force until cancellation or death even if you become mentally incapable of dealing with your own affairs.

Enforcement proceedings

Legal course of pursuing a civil action after judgment has been made in favour of one party.  It could include attachment of earnings, sending in the Bailiff or a third party debt order.

Executor

A person appointed in a Will to deal with a person's assets following their death and ensure the payment of all debts, expenses and tax liabilities, before distributing the assets to the persons named in the Will.

Expert Witness

A person with a special technical knowledge or professional qualification whose opinion on matters within his expertise may be admitted in Court.  Could be a doctor, surveyor or handwriting expert.

Forfeiture

A landlord may bring a lease to an end by entering the premises subject to the lease if the tenant has breached a condition of the lease, for example the obligation to pay rent.  Notice of the intended forfeiture must be given in a specific form.

Franchising

This is the setting up of a type of business organisation where the owner keeps control. A company (the franchiser) grants the right to use its name and sell its product to a person or group (the Franchisee)

Freehold

The right to hold land/property, free of payment or other duty owed to another party.  Freeholders can offer to rent their land/property to parties with whom they have a legal agreement.

Garden Leave

An employment contract clause which provides that an employee will be remunerated in full despite not being required to attend the workplace for a (possibly extended) period of time.

Guarantee

A formal promise to do something...orTo accept responsibility for an obligation if the individual(s) or organisation holding primary responsibility, fails to meet it.

Guarantor

Person who gives a guarantee.

Guardian

An individual who is not necessarily the parent of the child, but who nevertheless is responsible to protect and manages their interests and wellbeing.  The child does not necessarily have to be suffering mental disability for guardianship to be established.

Hearsay

The general rule is that all statements made by a person, other than the one giving evidence, are not admissible as evidence in Court.  There are some exceptions to the rule, for example dying declarations.

High Court

The best known High Court is the Royal Courts of Justice in the Strand, London.   The High Court also sits in major cities as what is called a High Court District Registry.

House of Lords

The upper House of Parliament.

Injunction

An order or decree made by a Judge by which the other party to the action is required to do or refrain from doing a particular thing.  Most are preventive in nature rather than mandatory.

Inns of Court

The four Inns of Court – Inner Temple, Middle Temple, Lincolns Inn and Gray's Inn.  These are the bodies which comprise of Bar.  All Barristers must belong to one the Inns of Court.

Intellectual Property

This is an all embracing terms which covers matters such as copyright, patents, trademarks and design rights.

Interim Order

An Order made in the course of proceedings which is not a final Order.

Intestacy

Where a person dies intestate i.e. without leaving a Will.  There are various rules which set out how the estate is to be distributed.

Joint Tenancy

Ownership of land by two or more persons where on the death of one of the joint owners, the property will transfer automatically to the survivor.

Judgement Creditor

A person in whose favour a Judgment for a sum of money is given against the Judgment Debtor.

Judgment Debtor

A person against whom a Judgment has been given for a sum of money.

Judicial Review

A system whereby the High Court can rule on decisions made by public bodies, inferior Courts and Tribunals.

Judicial Separation

A Petition for Judicial Separation may be filed with the Court.  The grounds required are those the same for divorce without the need to show that the marriage has irretrievably broken down.

Land Registry

A government body that retains records of land ownership, boundaries, conditions of ownership and use.

Landlord

The owner of property who allows another party to occupy or use it in return for regular payment, called rent.  A landlord may also be referred to as a Lessor.

Lease

A written agreement under which a property owner allows a tenant to use the property for a specified period of time and rent.

Legacies

A gift of personal property in a will.

Letters of Administration

When a person dies intestate (or does not appoint an Executor who was willing to act), the Court can grant an authority on a person which confers the same powers to those of an Executor.

License

A permit from an authority to own or use something, do a particular thing, or carry on a trade.

Licensee

The person who has been granted the licence.

Licensor

The person or authority granting the licence.

Lien

The right to hold the property of another as security for the performance of an obligation or payment of money.

Limited Company

A firm owned by shareholders who enjoy limited liability, meaning that the limit of a shareholder's loss will be the amount of capital invested by them in the company.

Limited Liability

See Limited Company

Liquidator

The Official Receiver or an Insolvency Practitioner appointed to administer the liquidation of a company or partnership

Litigation

Legal proceedings

Local Authority Searches

A series of questions to the local authority about a particular property. It covers such matters as whether the council should maintain the road serving the property, whether there have been planning applications on the property and a number of other things.

Mediation

A dispute resolution process where all sides attempt to settle their differences without resorting to the courts.

Medical Negligence

The breach of a duty of care which results in damage, relating to the observation and treatment of patients

Mortgage offer

Contracts should not be exchanged until an acceptable written mortgage offer has been received. It is not enough that there has been verbal confirmation from the bank or building society that they will grant a mortgage.

Negligent

The breach of duty of care that results in damage.

Notary Public

A legal practitioner, usually a solicitor who deals with Deeds or other documents in order to enable them to be used abroad.

Party Wall

A wall belonging to different owners.

Payment into Court

At any time during Court proceedings, a Defendant may pay money into Court in satisfaction of the Claimant's claim.

Periodical Payments

Payments ordered to be made by the Court on a weekly or monthly basis by one person for the maintenance of another.

Personal Representative

An Executor or Administrator of a Will.

Petitioner

The person making an application to a court for divorce.

Pleadings

Written statements served by the parties to a civil Court case.  They are concise statements of the case, not witness statements.   A pleading is a summary of the material facts.

Precedent

A Judgment or decision of a court which thereafter provides an authoritative reference for deciding a similar matter and which serves as an authority for the legal principle, embodied in its decision. Common Law has developed by reference to case law and thus precedents.

Prima Facie Case

A case where there is evidence which is sufficient to support the allegation and which will stand unless there is evidence to oppose the allegation.

Probate

The legal recognition of the validity of a will.

Promissory Note

An unconditional promise in writing made by one person to another agreeing to pay money on demand.

Quantum Meruit

This is available to claim for the value of work done where one person has requested another to carry a service without specifying a price and it is implied that a payment will be made of as much as the service is worth.  Also covers the case where the party agreeing to carry out the service has not completed the work.  For example, if he was unjustifiably prevented by the other party from completing the work.

Queen's Bench Division

One of the three divisions of the High Court.

Queen's Counsel

Senior barrister, by special appointment. Also known as Leading Counsel, Q.C. or Silk (as they wear silk gowns).

Receiver

A common title for an Administrative Receiver. A person appointed by the court or with the power to receive the rents and profits of property or a business.

Recorder

A part time Judge (a solicitor or barrister) who sits in the County Court or Crown Court.

Rent

Payment, usually monthly, for use of space or property

Rent Review

Periodic formal review of rental charges, normally defined in lease contract.

Respondent

The person who is the defendant in a divorce case

Restrictive Covenants

A legal limitation on the use of property imposed, generally, for the benefit of a neighbouring landowner and enforceable by him/her.

Set Off

Where a claim is made by a Defendant to a sum of money is relied on by him as a defence to a claim made by a Claimant, it may be sent off against a Claimant's claim.

Skeleton Argument

A summary of Counsel's proposed argument which is submitted to the Court and the other side in advance of the hearing.

Stamp Duty

A tax charged by the government, on buyers of property with a purchase price of more than £60,000.00. It is paid by the buyer, not the seller. Tax is calculated at between 1% and 4% of the purchase price, depending on the figure paid for the property.

Stamp Duty

This is a Government tax levied on certain legal transactions including the purchase of property.

Statutory

Enacted by legislation.

Statutory Declaration

A written statement signed by the person making it which has to be declared before a solicitor or commission for oath under the Statutory Declarations Act 1853.

Statutory Demand

This is a demand in the correct form made by the creditor on the debtor requiring them to pay the money.  Failure to comply with it can found the basis of a Bankruptcy Petition.

Summary Judgment

The procedure whereby the Claimant (or Defendant) argues that there is no defence or claim in the action, as may be the case, and that there is no need for the case to proceed to trial.

Tenancy

The arrangement in which the owner (the landlord) allows another person (the tenant) to take possession of the land for an agreed period of time, usually in return for rent.

Tenancy in Common

It enables one party to leave their share to another by Will.  The share does not pass to the other co-owner automatically. When ownership of land is owned by two or more persons where each have a distinct, but undivided share, in the property.

Testator

A person who makes a Will.

Title deeds

Title deeds provide evidence of ownership of the property and define any rights or obligations that affect the property.

Trademark

A word, a name, a symbol, a device, or a combination of them that indicates the source of goods or services.  The owner of a trademark/mark has the right to exclude others unless the trademark/mark has been abandoned.

Transfer document (Transfer deed)

This is the document that passes the ownership of the property form seller to buyer.  It is dated with the completion date, and will be sent to the Land Registry after completion. The Land Registry needs this deed to change its records to show the buyer as the new owner of the property.

Trust

Property legally entrusted to a person with instructions to use it for another person's benefit.

TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 1981 apply to the transfer of an undertaking (i.e. a business), or part of an undertaking, to a new employer (for example, through the sale of a business or part of it). The regulations confer certain rights and protections on the employees and certain liabilities upon the new employer.  An employee has the right to object to his or her contract of employment being transferred to the new employer.

Undue Influence

Where a person enters into an agreement or makes a transfer of property in circumstances which give rise to the presumption that the person has not been able to exercise free will.

Unfair dismissal

A remedy for unjustifiable dismissal based on statutory rights.

Unreasonable behaviour

Such behaviour by one party in a marriage that any right-thinking person would conclude that the other party could not reasonably be expected to continue to live with the other party.

Vacant Possession

A building with no people living in it, no furnishings or other items.   Property is often sold with 'Vacant Possession'.

Vexatious Litigant

A person who persistently and without reasonable grounds sues or prosecutes others.  The High Court keeps a list of all persons who have been declared Vexatious Litigants.

Void

Of no legal effect, a nullity.

Voidable

An agreement where one of the parties is entitled to resile from the contract if he chooses.

Will

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

Without Prejudice

When oral negotiations or written negotiations in the form of letters are in existence, they can be labelled "without prejudice".  This then means that those proposals cannot be accepted in Court as admissible evidence.  The maker of the proposal may always choose to waive the privilege.

Wrongful Dismissal

At Common Law (see above) an employee may bring a claim in damages for unjustifiable dismissal.  This is in addition to the statutory rights of unfair dismissal.