 |
 |
To find a particular LEGAL TERM, click
on one of the following letters:
A
| B
| C
| D
| E
| F
| G
| H
| I
| J
| L
| M
| N
| O
| P
| Q
| R
| S
| T
| U
| V
| W
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ACCUSED |
| |
The person charged.
The person who has allegedly committed the offence
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ACKNOWLEDGEMENT OF SERVICES |
| |
Form of reply to, or confirmation
of, service of process |
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ACQUITTAL |
| |
Discharge of defendant following
verdict or direction of not guilty |
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ACT |
| |
Law, as an act of parliament
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ACTION |
| |
see
'CLAIM'
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ADJOURNED GENERALLY OR
SINE DIE |
| |
Temporary suspension of the
hearing of a case by order of the Court (maybe for
a short period, e.g. to next day or sine die).
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ADJUDICATION |
| |
Judgment or decision of a
Court or tribunal |
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ADMINISTRATION ORDER
|
| |
An order by a County Court
directing a debtor to pay a specified monthly instalment
into Court in respect of outstanding debts. The
Court retains the payments made and at intervals
distributes it between the creditors on a pro-rata
basis |
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ADMIRALTY ACTIONS |
| |
see
'HIGH
COURT' |
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ADOPTION |
| |
An act by which the rights
and duties of the natural parents of a child are
extinguished and equivalent rights and duties become
vested in the adopter or adopters, to whom the child
then stands in all respects as if born to them in
marriage |
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ADULTERY |
| |
Voluntary sexual intercourse
between a married person and another person who
is not the spouse, while the marriage is still valid.
This is a common fact relied on for divorce |
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ADVOCATE |
| |
A barrister or solicitor
representing a party in a hearing before a Court
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AFFIDAVIT |
| |
(see STATEMENT
) A written statement of evidence confirmed
on oath or by affirmation to be true and taken before
someone who has authority to administer it |
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AFFIRMATION
|
| |
Declaration by a witness
who has no religious belief, or has religious beliefs
that prevent him/her taking the oath, that the evidence
he/she is giving is the truth |
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ALLOCATION
QUESTIONNAIRE |
| |
Issued to all
parties after a defence has been filed. This form
details all the evidence to be used as well as the
required domestic arrangements for the trial |
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ALTERNATIVE DISPUTE RESOLUTION
|
| |
An alternative method by
which parties can resolve their dispute - could
be arbitration |
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ANCILLARY RELIEF |
| |
Additional claims (e.g. in
respect of maintenance) attached to the petition
for divorce/judicial separation/nullity |
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ANNUL |
| |
To declare no longer valid
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APPEAL |
| |
Application to a higher Court
or authority for review of a decision of a lower
Court or authority |
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APPELLANT |
| |
Person who appeals |
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APPLICANT |
| |
Person making the request
or demand, e.g. person who issues an application
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APPLICATION |
| |
The act of applying to a
Court |
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APPRAISEMENT OR APPRAISAL
|
| |
Valuation of goods seized
under warrant of execution prior to sale |
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ASSISTED PERSON
(LEGALLY) |
| |
A party to legal proceedings
who is receiving legal aid |
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ATTACHMENT OF EARNINGS
|
| |
An 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 |
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AWARD |
| |
Result of an arbitration
hearing or the amount of damages assessed by a Court
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BAIL |
| |
Release of a
defendant from custody, until his/her next appearance
in Court, subject sometimes to security being given
and/or compliance with certain conditions |
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BAILIFF |
| |
Officer of the County Court
empowered to serve Court documents and execute warrants
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BANKRUPT
|
| |
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 |
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BAR |
| |
The collective term for barristers
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BARRISTER |
| |
(see COUNSEL
; SILK
) A member of the bar: the branch of
the legal profession which has rights of audience
before all Courts |
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BENCH WARRANT |
| |
A warrant issued by the judge
for an absent defendant to be arrested and brought
before a Court |
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BILL OF COSTS |
| |
(See TAXATION
OF COSTS , SUMMARY
ASSESSMENT and DETAILED
ASSESSMENT . |
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BILL OF INDICTMENT
|
| |
A written statement
of the charges against a defendant sent for trial
to the Crown Court, and signed by an officer of
the Court |
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BIND OVER |
| |
In the Crown Court or (more
usually) the Magistrates Court , and signed by an
officer of the Court |
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BIND OVER FOR SENTENCE
|
| |
An order which requires the
defendant to return to Court on an unspecified date
for sentence. Failure to observe this order may
result in a forfeit or penalty to be enforced |
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BRIEF |
| |
Written instructions to 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 |
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CASE CONFERENCE
|
| |
Usually the first
hearing in a Multi Track claim and an opportunity
to take stock and consider the way forward |
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CASE NUMBER |
| |
A unique reference number
allocated to each case by the issuing Court |
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CAUTION |
| |
i) Notice given to the Land
Registry by any person with an interest in particular
land to ensure that no action is taken in respect
of the land without the person's knowledge
ii) Warning, given by a Police Officer, to a person
charged with an offence
iii) Warning, given by a Police Officer, instead
of a charge |
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CAVEAT |
| |
A notice given to the registrar
that effectively prevents action by another party
without first notifying the party entering the caveat
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CERTIFICATE OF LEGAL
AID COSTS |
| |
A certificate of costs allowed
following taxation by a judicial or taxing officer
(Previously referred to as an Allocatur) |
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CESSATE |
| |
A grant of representation
of limited duration which has ceased and expired
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CHAMBERS |
| |
i) Private room, or Court
from which the public are excluded in which a District
Judge or Judge may conduct certain sorts of hearings
ii) Offices used by a barrister |
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CHANCERY DIVISION |
| |
see HIGH
COURT |
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CHARGE |
| |
A formal accusation against
a person that a criminal offence has been committed
(see also CHARGING
ORDER) |
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CHARGING
ORDER |
| |
An order directing that a
charge be registered at the Land Registry on property
owned by the debtor. This is also a form of enforcing
civil debt. An order preventing the sale or disposal
of a property until the charge has been cleared
|
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CIRCUIT JUDGE |
| |
A judge who sits in the County
Court and/or Crown Court |
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CIVIL |
| |
Matters concerning private
rights and not offences against the state |
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CIVIL JUSTICE REFORMS
|
| |
The result of the Access
to Justice report by Lord Woolf The aim is to provide
more effective access to Justice through quicker,
cheaper and more proportionate justice for defended
cases It introduced a unified set of Rules and Practice
Directions for the County and High Courts, and Judicial
Case Management The reforms came into effect on
26 April 1999 |
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CLAIM
|
| |
Proceedings issued in the
County or High Court. Previously know as an Action
|
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CLAIMANT
|
| |
The person issuing the claim.
Previously known as the Plaintiff |
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CLAIM FORM |
| |
The form that a claim is
issued on. Previously known as a Summons |
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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 includes things such as:
| •
|
making a mistake during
surgery; |
| •
|
giving you the wrong
drug; or |
| •
|
making the wrong diagnosis
or delaying a diagnosis unnecessarily. |
Clinical negligence can also include not doing
things that should be done, such as:
| •
|
not giving you treatment
you needed; |
| •
|
not getting your consent
(agreement) to treatment; or |
| •
|
not warning you about
the risks of a particular type of treatment.
|
If you or a relative have been the victim of clinical
negligence, you may be able to claim compensation.
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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. |
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CODICIL |
| |
An addendum signed and executed
which amends or adds something to a will |
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COMMISSIONER OF OATHS
|
| |
Solicitors authorised by
the Lord Chancellor to administer oaths and affirmations
to a statement of evidence |
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COMMITTAL |
| |
i) Committal for Trial: Following
examination by the Magistrates of a case involving
and indictable or either way offence, the procedure
of directing the case to the Crown Court to be dealt
with
ii) Committal for Sentence: Where the Magistrates
consider that the offence justifies a sentence greater
than they are empowered to impose they may commit
the defendant to the Crown Court for sentence to
be passed by a judge
iii) Committal Order: An order of the Court committing
someone to prison
iv) Committal Warrant (see WARRANT
OF COMMITTAL ) |
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COMMON
LAW |
| |
The law established, by precedent,
from judicial decisions and established within a
community |
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COMPENSATION |
| |
Sum of money to make up for
or make amends for loss, breakage, hardship, inconvenience
or personal injury caused by another |
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CONCURRENT
SENTENCE |
| |
A direction by a Court that
a number of sentences of imprisonment should run
at the same time |
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CONCURRENT WRIT |
| |
A duplicate of the original
writ bearing the same date and expiring at the same
time as the original |
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CONDITIONAL DISCHARGE
|
| |
A discharge of a convicted
defendant without sentence on condition that he/she
does not re-offend within a specified period of
time |
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CONDUCT MONEY |
| |
i) Money paid to a witness
in advance of the hearing of a case as compensation
for time spent attending Court ii) Commonly used
to describe expenses paid to a debtor to cover the
costs of travelling to Court |
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CONSECUTIVE SENTENCE
|
| |
An order for a subsequent
sentence of imprisonment to commence as soon as
a previous sentence expires. Can apply to more than
two sentences |
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CONTEMPT OF COURT |
| |
Disobedience or wilful disregard
to the judicial process |
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CONTRIBUTORY NEGLIGENCE
|
| |
Partial responsibility of
a claimant for the injury in respect of which he/she
claims damages |
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CO-RESPONDENT |
| |
A person named as an adulterer
(or third person) in a petition for divorce |
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CORROBORATION |
| |
Evidence by one person confirming
that of another or supporting evidence, for example
forensic evidence (bloodstain, fibres etc) in murder
cases |
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COUNSEL
|
| |
A Barrister |
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COUNT |
| |
An individual offence set
out in an indictment |
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COUNTERCLAIM |
| |
A claim made by a defendant
against a claimant in an action. There is no limit
imposed on a counterclaim, but a fee is payable
according to the amount counterclaimed |
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COUNTY COURT |
| |
Sometimes inaccurately referred
to as the Small Claims Court, County Courts deal
with civil matters including all monetary claims
up to £15,000. Many County Courts have extra
powers which enable them to deal with divorce and
other family proceedings, bankruptcy actions, matters
relating to children and cases involving ships and
boats known as admiralty actions. Some County Courts
are also branch offices of the High Court known
as district registries |
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COURT |
| |
Body with judicial powers
(see also COURT
ROOM ) |
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COURT OF APPEAL |
| |
Divided into:
i) civil and,
ii) criminal divisions and hears appeals:
i) from decision in the High Court and County Courts
and,
ii) against convictions or sentences passed by the
Crown Court, (see also Public Trustee Monies held
in Court, in the name of the Accountant General,
for suitors, minors, Court of Protection patients
etc) |
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COURT OF PROTECTION |
| |
The branch of the High Court
with jurisdiction over the estates of people mentally
incapable of handling their own financial affairs
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COURT
ROOM |
| |
The room in which cases are
heard |
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COVENANT |
| |
A formal agreement or a contract
constituting an obligation to perform an act |
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CREDITOR |
| |
A person to whom money is
owed by a debtor |
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CRIMINAL |
| |
Person who has been found
guilty of a criminal offence |
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CRIMINAL LAW |
| |
This area of law covers legal
help on everything to do with criminal proceedings.
For example, it includes being investigated, prosecuted
and sentenced. You may need advice on length of
prison sentence, detention or parole. This category
also covers help about the way prisoners are treated.
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CROWN COURT |
| |
The Crown Court deals
with all crime committed for trial by Magistrates
Courts Cases for trial are heard before a judge
and jury. The Crown Court also acts as an appeal
Court for cases heard and dealt with by the Magistrates.
The Crown Court can also deal with some civil
and family matters
The Crown Court is divided into tiers, depending
on the type of work dealt with.
FIRST TIER
| • |
Defended High Court
Civil work. |
| • |
All classes of offence
in criminal proceedings. |
| • |
Committals for sentence
from the Magistrates' Court. |
| • |
Appeals against convictions
and sentences imposed at Magistrates' Court.
|
SECOND TIER
| •
|
All classes of offence
in criminal proceedings. |
| •
|
Committals for sentence
from Magistrates' Court. |
| •
|
Appeals against convictions
and sentences imposed at Magistrates' Court.
|
THIRD TIER
| •
|
Class 4 offences only
in criminal proceedings. |
| •
|
Committals for sentence
from Magistrates' Court. |
| •
|
Appeals against convictions
and sentences. |
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DAMAGES |
| |
An amount of
money claimed as compensation for physical/material
loss, e.g. personal injury, breach of contract |
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DEBTOR |
| |
Person owing money to another
party |
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DECREE |
| |
An order of the Court in
proceedings commenced by petition |
|
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DECREE ABSOLUTE |
| |
A final certificate, resulting
from an application, dissolving a marriage |
|
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DECREE NISI |
| |
Order for divorce unless
cause to contrary is shown within a set period |
|
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DECLARATION |
| |
Court order setting out the
rights of a party in the form of a statement |
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DEED |
| |
A legal document which sets
out the terms of an agreement, which is signed by
both parties |
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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
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DEFENDANT |
| |
Person sued; person standing
trial or appearing for sentence |
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DEPONENT |
| |
Person giving evidence by
affidavit |
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DEPOSITION |
| |
A statement of evidence written
down and sworn on oath, or by affirmation |
|
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DESIGNATED CIVIL JUDGE
|
| |
A Judge designated to deal
with the Civil Justice Reforms for a group of courts
|
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DETAILED
ASSESSMENT (of costs) |
| |
Where costs are dealt with
by the drawing of a bill of costs |
|
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DETERMINATION |
| |
Act of scrutinising a bill
of costs in criminal proceedings to see if the work
done and amount claimed is reasonable |
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DEVI |
| |
Person to whom freehold land
is given by a will |
|
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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 |
|
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DISCOVERY
OF DOCUMENTS |
| |
(see INSPECTION
OF DOCUMENTS ) Mutual exchange of evidence
and all relevant information held by each party
relating to the case |
|
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DISCONTINUANCE |
| |
Notice given by the Court,
on instruction by the claimant, that they no longer
wish to proceed with the case |
|
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DISMISSAL |
| |
To make order or decision
that a claim be ceased |
|
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DISTRICT
JUDGE |
| |
A judicial officer of the
Court whose duties involve hearing applications
made within proceedings and final hearings subject
to any limit of jurisdiction Previously known as
Registrars |
|
|
DISTRICT REGISTRAR |
| |
see DISTRICT
JUDGE |
|
|
DISTRICT REGISTRY |
| |
see HIGH
COURT |
|
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DIVISIONAL COURT |
| |
As well as having an original
jurisdiction of their own, all three divisions of
the High Court have appellate jurisdiction to hear
appeals from lower Courts and tribunals. The Divisional
Court of the Chancery Division deals with appeals
in bankruptcy matters from the County Court. The
Divisional Court of the Queen's Bench Division deals
largely with certain appeals on points of law from
many Courts. The Divisional Court of the Family
Division deals largely with appeals from Magistrates
Courts in matrimonial matters a 'next friend' or
'guardian ad litem' |
|
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DIVORCE |
| |
Dissolution or nullity of
marriage |
|
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DOCK |
| |
Enclosure in criminal Court
for the defendant on trial |
|
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EITHER-WAY
OFFENCE |
| |
(see INDICTABLE
OFFENCE , SUMMARY
OFFENCE ) An offence for which the
accused may elect the case to be dealt with either
summarily by the magistrates or by committal to
the Crown Court to be tried by jury |
|
|
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 |
|
|
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 |
|
|
ENTRY OF JUDGMENT |
| |
Decision of the Court in
favour of one or other of the parties |
|
|
|
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ESTATE |
| |
The rights and assets of
a person in property |
|
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EXECUTION
|
| |
(see LEVY
) Seizure of debtors goods following
non payment of a Court order |
|
|
EXECUTOR |
| |
A person or persons specified
to carry out the provisions of a will |
|
|
EXEMPT |
| |
To be freed from liability
or allegiance |
|
|
EXHIBIT |
| |
Item or document referred
to in an affidavit or used as evidence during a
Court trial or hearing |
|
|
EXPERT
WITNESS |
| |
Person employed to give evidence
on a subject in which they are qualified or have
expertise |
|
|
|
FAMILY DIVISION
|
| |
see HIGH
COURT |
|
|
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 |
| |
The path that defended claims
of more than £5000 but not more than £15000
are allocated to |
|
|
|
|
FEE |
| |
Monies payable on issue of
an claim or subsequent process |
|
|
FIAT |
| |
A decree or command |
|
|
FIERI-FACIAS
(FI-FA) |
| |
(see SHERIFF
) High Court version of warrant of
execution in County Court. A directive by a High
Court to a sheriff to seize sufficient goods of
a debtor to satisfy judgment debt |
|
|
|
GARNISHEE |
| |
A summons 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. |
|
|
|
|
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 person appointed to safeguard/protect/manage
the interests of a child or person under mental
disability (see NEXT
FRIEND ) |
|
|
|
HIGH
COURT |
| |
A civil Court
which consists of three divisions:-
i) Queen's Bench (can be known as King's Bench Division
if a King is assuming the throne) - civil disputes
for recovery of money, including breach of contract,
personal injuries, libel/slander;
ii) Family - concerned with matrimonial maters and
proceedings relating to children, e.g. wardship;
iii) Chancery - property matters including fraud
and bankruptcy |
|
|
|
|
|
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. |
|
|
INDICTABLE
OFFENCE |
| |
A criminal offence triable
only by the Crown Court. The different types of
offence are classified 1, 2, 3 or 4. Murder is a
class 1 offence |
|
|
INFANT |
| |
Also known as a minor: A
person under 18 years of age which prevents them
from acting on their own behalf in legal proceedings
(see NEXT
FRIEND ) |
|
|
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 |
|
|
INSOLVENT |
| |
see BANKRUPT
|
|
|
|
|
INSPECTION
OF DOCUMENTS |
| |
(see DISCOVERY
OF DOCUMENTS ) Following disclosure
of each parties documents by discovery, the arrangements
made by the parties to allow mutual exchange and
copying of documents |
|
|
INTERLOCUTORY |
| |
Interim, pending a full order/decision,
e.g. interlocutory judgment for damages pending
further hearing to assess amount to be awarded and
entered as final judgment |
|
|
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 |
| |
Without leaving a will |
|
|
ISSUE |
| |
To initiate legal proceedings
in pursuit of a claim |
|
|
|
JUDGE |
| |
An officer appointed
to administer the law and who has authority to hear
and try cases in a Court of law |
|
|
JUDGMENT |
| |
Final decision of a Court
A monetary judgment requires the payment of a sum
of money by one party to another |
|
|
JUDICIAL/JUDICIARY |
| |
i) Relating to the administration
of justice or to the judgment of a Court ii) A judge
or other officer empowered to act as a judge |
|
|
JURAT |
| |
A statement contained at
the conclusion of an affidavit which states the
name of the person giving the evidence, the name
of the person before whom and the place where the
oath or affirmation was taken |
|
|
JUROR |
| |
(see JURY
) A person who has been summoned by
a Court to be a member of the jury |
|
|
|
|
JURY |
| |
Body of jurors
sworn to reach a verdict according to the evidence
in a Court |
|
|
JUSTICE OF THE PEACE
|
| |
A lay magistrate - person
appointed to administer judicial business in a Magistrates
Court . Also sits in the Crown Court with a judge
or recorder to hear appeals and committals for sentence
|
|
|
JURISDICTION |
| |
The area and matters over
which a Court has legal authority |
|
|
JUVENILE |
| |
Person under 17 years of
age |
|
|
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LANDLORD
AND TENANT ACT |
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Act which empowers
applications (seeking extension of a lease or some
other action concerning tenancy |
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LAW |
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The system made up of rules
established by an act of parliament, custom or practice
enjoining or prohibiting certain action (see also
COMMON
LAW ) |
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LAW LORDS |
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Describes the judges of the
House of Lords who are known as the Lords of Appeal
in ordinary |
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LEASE |
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The letting of land or tenements,
e.g. rent etc, for property for a prescribed period
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LEGAL AID |
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Facility for the fees and
expenses of counsel, solicitors or other legal representatives
retained by those of modest means to be paid from
a fund administered by the Legal Aid Board |
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LEGAL PERSONAL REPRESENTATIVE
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The person to whom a grant
of probate or letters of administration has been
issued |
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LEGATEE |
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Person to whom personal estate
is given by will |
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LETTERS OF ADMINISTRATION
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Authority granted by a Probate
Registry to someone interested in the estate of
a person who has died without leaving a will. The
order allows the 'administrator' to carry out the
duties relating to the estate |
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LEVY |
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(see EXECUTION
& Fi-Fa
) A duty carried out by a bailiff or
sheriff under the authority of a warrant or writ
of fi-fa, for a sum of money whereby goods of value
belonging to the debtor are claimed with a view
to removal and sale at a public auction in an attempt
to obtain payment |
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LIBEL |
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A written and published statement/article
which infers damaging remarks on a persons reputation
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LICENCE |
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Permission to carry out an
act that would otherwise be considered illegal |
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LIEN |
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A legal right to withhold
the goods/property of another until payment is made
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LISTING QUESTIONNAIRE
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This form is used to ensure
that all issues are resolved and that the parties
are ready for trial. Used for Fast Track and Multi
Track claims only |
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LITIGATION |
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Legal proceedings |
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LONG VACATION |
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Period between 1 August and
30 September in each year during which there are
only restricted High Court sittings for urgent matters
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LORD CHANCELLOR |
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The cabinet minister who
acts as speaker of the House of Lords and oversees
the hearings of the Law Lords. Additional responsibilities
include supervising the procedure of Courts other
than Magistrates or Coroners Courts and selection
of judges, magistrates, queens counsel and members
of tribunals |
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LORD CHIEF JUSTICE |
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Senior judge of the Court
of Appeal (Criminal Division) who also heads the
Queens Bench Division of the High Court of Justice)
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LORD JUSTICE OF APPEAL
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Title given to certain judges
sitting in the Court of Appeal |
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MAGISTRATES
COURT |
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A Court where
criminal proceedings are commenced before justices
of the peace who examine the evidence/statements
and either deal with the case themselves or commit
to the Crown Court for trial or sentence. Also has
jurisdiction in a range of civil matters (see also
STIPENDIARY
MAGISTRATE |
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MAINTENANCE PENDING SUIT
|
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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) |
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MASTER |
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(see REGISTRAR
) Judicial officer of the High Court
in the Royal Courts of Justice who normally deals
with preliminary matters before trial |
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MASTER OF THE ROLLS |
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Senior judge of the Court
of Appeal (Civil Division) |
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MATTER
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(see ORIGINATING
APPLICATION ) Proceedings commenced
by way of originating application |
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MESNE PROFITS |
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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 |
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MINOR |
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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 |
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MITIGATION
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Reasons submitted on behalf
of a guilty party in order to excuse or partly excuse
the offence committed in an attempt to minimise
the sentence |
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MORTGAGE |
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A loan of money advanced
to purchase property. The transfer of the property
is withheld as security for payment |
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MORTGAGOR |
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The party obtaining the loan
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MORTGAGEE |
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The party that advances the
loan |
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MOTION |
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An application by one party
to the High Court for an order in their favour |
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MULTI TRACK |
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The path that defended claims
over £15000 are allocated to |
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NO-WIN,NO-FEE
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A way of paying
for your case, also known as Conditional-fee agreement
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NEXT
FRIEND |
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(see GUARDIAN
) A person representing a minor or
mental patient who is involved in legal proceedings
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NON-MOLESTATION |
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An order within an injunction
to prevent one person physically attacking another
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NON-SUIT |
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Proceedings where the plaintiff
has failed to establish to the Court's satisfaction
that there is a case for the defendant to answer
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NOTARY PUBLIC
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Someone who is
authorised to swear oaths and certify the execution
of deeds |
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NOTICE
OF ISSUE |
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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 |
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NOTICE TO QUIT |
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Gives prior notice, when
served in possession proceedings, of termination
of a tenancy |
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NULLITY |
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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
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OATH |
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(see AFFIRMATION
) A verbal promise by a person with
religious beliefs to tell the truth |
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OFFICIAL RECEIVER |
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A civil servant who works
for the Department of Trade and Industry and is
appointed by the Court to act as:-
i) a liquidator when a company is being wound up;
ii) a trustee when an individual is made bankrupt.
The duties of an official receiver will include
examining the company/bankrupt's property which
is available to pay the debts and distributing the
money amongst the creditors |
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OFFICIAL SOLICITOR |
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A solicitor or barrister
appointed by the Lord Chancellor and working in
the Lord Chancellor's Department. The duties include
representing, in legal proceedings, people who are
incapable of looking after their own affairs i.e.
children/persons suffering from mental illness |
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ORAL EXAMINATION |
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A method of questioning a
person under oath before an officer of the Court
to obtain details of their financial affairs |
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ORDER |
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A direction by
a Court |
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ORIGINATING
APPLICATION |
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(see MATTER
) 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
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OUSTER |
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An order within an injunction
to force a person to leave a property |
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PARTICULARS
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Details relevant
to a claim |
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PARTY |
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Any of the participants in
a Court action or proceedings |
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PARTY
AND PARTY COSTS |
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Costs that one party must
pay to another |
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PATIENT |
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A person who is deemed incapable
of handling his/her own affairs by reason of mental
incapacity and who is under the jurisdiction of
the Court of Protection |
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PENAL NOTICE |
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Directions attached to an
order of a Court stating the penalty for disobedience
may result in imprisonment |
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PERSONAL APPLICATION
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Application made to the Court
without legal representation |
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PERSONAL INJURY |
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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. You may want to know how you stand on
the issue of an accident at work, or a disease you
caught there. |
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PERSONAL SERVICE |
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Personal delivery (i.e. not
by mail) of a claim, summons or notice |
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PETITION |
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A method of commencing proceedings
whereby the order required by the petitioner from
the Court is expressed as a prayer, e.g. the petitioner
therefore prays that the marriage be dissolved (divorce
proceedings) |
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PETITIONER |
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A person who presents the
petition |
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PLAINTIFF |
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see CLAIMANT
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PLAINT NOTE |
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see NOTICE
OF ISSUE |
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PLAINT NUMBER |
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Old-fashioned term for Claim
Number |
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PLEA |
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A defendant's reply to a
charge put to him by a court; i.e. guilty or not
guilty |
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PLEADINGS
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Documents setting out claim
/defence of parties involved in civil proceedings
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POSSESSION PROCEEDINGS
|
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Legal proceedings by a landlord
to recover land/property i.e. house, flat, garage
etc |
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POWER OF ARREST |
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An order attached to some
injunctions to allow the police to arrest a person
who has broken the terms of the order |
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PRECEDENT |
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The decision of a case which
established principles of law that act as an authority
for future cases of a similar nature |
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PRESIDENT OF THE FAMILY
DIVISION |
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Senior judge and head of
the family Division of the High Court of Justice
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PRE-TRIAL REVIEW |
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A preliminary appointment
at which the District Judge consider the issues
before the Court and fixes the timetable for the
trial |
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PROBATE |
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The legal recognition of
the validity of a will |
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PROCESS |
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The document commencing a
claim or subsequent action |
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PROSECUTION
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The institution or conduct
of criminal proceedings against a person |
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PROSECUTOR |
| |
Person who prosecutes (see
PROSECUTION
) |
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PUBLIC TRUSTEE |
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A person (usually a barrister
or solicitor) appointed by the Lord Chancellor as
i) Trustee for Trusts managed by the Public Trust
Office;
ii) Accountant General for Court Funds;
iii) Receiver (of last resort) for Court of Protection
patients |
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PUISNE JUDGE |
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(Pronounced Puny) High Court
judge. Any judge of the High Court other than the
heads of each division. The word puisne means junior
and is used to distinguish High Court judges from
senior judges sitting at the Court of Appeal |
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PUTATIVE FATHER |
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The alleged or supposed father
of an illegitimate child |
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QUASH |
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To annul; i.e.
to declare no longer valid |
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QUANTUM |
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In a damages claim the amount
to be determined by the court |
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QUEENS BENCH
DIVISION |
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see HIGH
COURT |
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QUEENS COUNSEL |
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Barristers of at least ten
years standing may apply to become queen's counsel.
QCs undertake work of an important nature and are
referred to as 'silks' which is derived from the
Courts gown that is worn. Will be known as king's
counsel if a king assumes the throne |
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RECEIVER
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Person appointed
by the Court of Protection to act on behalf of a
patient |
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RECOGNISANCE |
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An undertaking before the
Court by which a person agrees to comply with a
certain condition, e.g. keep the peace/appear in
court. A sum of money is normally pledged to ensure
compliance |
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RECORDER |
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(also Assistant Recorder)
Members of the legal profession (barristers or solicitors)
who are appointed to act in a judicial capacity
on a part time bases. They may progress to become
a full time judge |
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REDETERMINATION |
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An application by a solicitor
or counsel for amounts assessed by determination
to be reconsidered |
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REGISTRAR
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(see DISTRICT
JUDGE ) Registrars and deputy registrars
were renamed District Judges and Deputy District
Judges respectively in the Courts and Legal Services
Act 1990 |
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REMAND |
| |
To order an accused person
to be kept in custody or placed on bail pending
further Court appearance |
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RESPONDENT |
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The person on whom a petition
or originating application is served |
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RIGHT OF AUDIENCE |
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Entitlement to appear before
a Court in a legal capacity and conduct proceedings
on behalf of a party to the proceedings |
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SERVICE |
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Delivery by post
or personal service of the claim, or other court
documents |
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SHERIFF
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An officer of the Crown whose
duties, amongst other things, consist of the enforcement
of High Court writs of execution |
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SILK
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Queens Counsel, a senior
barrister sometimes referred to as a leader or leading
counsel |
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SLANDER |
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Spoken words which have a
damaging effect on a person's reputation |
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SMALL CLAIMS TRACK |
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The path that defended claims
of no more than £5000 (and Personal Injury
and Housing Disrepair claims of no more than £1000)
are allocated to |
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SOLICITOR |
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Member of the legal profession
chiefly concerned with advising clients and preparing
their cases and representing them in some Courts.
May also act as advocates before certain Courts
or tribunals |
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SPECIFIED CLAIM |
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A type of claim which is
issued for a fixed amount of money allegedly owing.
Previously known as a liquidated claim |
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SQUATTER |
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A person occupying land or
property without the owners consent |
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STATEMENT
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A written account by a witness
of the facts of details of a matter |
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STATUTORY INSTRUMENT
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A document issued by the
delegated authority (usually a Government Minister
or committee) named within an act of parliament
which affects the workings of the original Act,
e.g. The County Courts Act 1984 confers authority
on to the County Court Rule Committee to make rules
relating to the operation of the County Courts act
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STAY OF EXECUTION |
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An order following which
judgment cannot be enforced without leave of the
court |
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STIPENDIARY
MAGISTRATE |
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A legally qualified and salaried
Magistrate |
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SUBPOENA |
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A summons issued to a person
directing their attendance in Court to give evidence
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SUIT |
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Legal proceedings commenced
by petition |
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SUITOR |
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Person bringing a suit before
the Courts |
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SUMMARY
ASSESSMENT (of costs) |
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Where the question of costs
is dealt with at the conclusion of the hearing |
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SUMMARY JUDGMENT |
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Judgment obtained by a plaintiff
where there is no defence to the case or the defence
contains no valid grounds |
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SUMMARY
OFFENCE |
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(see INDICTABLE
, EITHER
WAY OFFENCE ) A criminal offence which
is triable only by a Magistrates Court |
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SUMMING-UP |
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A review of the evidence
and directions as to the law by a judge immediately
before a jury retires to consider its verdict |
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SUMMONS |
| |
Order to appear or to produce
evidence to a Court Also the old name for a claim
form |
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SUMMONS (JURY) |
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Order to attend for jury
service |
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SUMMONS (WITNESS) |
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Order to appear as a witness
at a hearing |
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SUPREME COURT OF JUDICATURE
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Collective name encompassing
- High Court of Justice, Crown Court and Court of
Appeal |
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SURETY |
| |
A person's undertaking to
be liable for another's default or non-attendance
at Court |
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SUSPENDED SENTENCE |
| |
A custodial sentence which
will not take effect unless there is a subsequent
offence within a specified period |
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TAXATION
OF COSTS |
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(see SUMMARY
ASSESSMENT and DETAILED
ASSESSMENT ) An examination of a solicitor's
bill in civil proceedings by a Court to ensure that
all charges against the legal aid fund are fair
and reasonable (see also PARTY
AND PARTY COSTS which are also examined
by a Court) |
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TESTATOR |
| |
A person who makes a will
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TIPSTAFF |
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An officer of the Supreme
Court whose duties involve the enforcement of High
Court arrest warrants |
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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 |
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TRIAL WINDOW
|
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A period of time within which
the case must be listed for trial |
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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. VAT
Tribunal - appeals against the amount of duty levied
by Customs and Excise Lands Tribunal - appeals against
the valuation of land |
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TRUST |
| |
Property legally entrusted
to a person with instructions to use it for another
person (or persons benefit) |
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TRUSTEE |
| |
A person who holds or administers
property in a trust for another (or others) |
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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. Previously known as an unliquidated claim
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VERDICT |
| |
The finding of
guilty or not guilty by a jury |
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VICE CHANCELLOR
|
| |
Senior judge and head of
the Chancery Division of the High Court of Justice
(although the Lord Chancellor is the nominal head)
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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
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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, e.g. transfer to a different school,
medical treatment etc |
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WARDSHIP |
| |
High Court action making
a minor a ward of court |
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WARRANT
OF COMMITTAL |
| |
Method of enforcing an order
of the Court whereby the penalty for failing to
comply with its terms is imprisonment; the bailiff
is authorised to carry out the arrest and deliver
the person to prison (or in some instances the Court)
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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 |
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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
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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
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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 |
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WILL |
| |
A declaration of a person's
intentions to distribute his/her estate and assets
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WINDING UP |
| |
The voluntary or compulsory
closure of a company and the subsequent realisation
of assets and payment to creditors |
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WITNESS |
| |
A person who gives evidence
in Court (see also EXPERT
WITNESS ) |
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WRIT OF SUMMONS |
| |
(see CLAIM
) |
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