Home
/ Legal Definitions
Legal Definitions
For customer reference only:
- Act
- Law, as an act of parliament
- Affirmation
- Declaration by a witness who has no religion belief, or has religious beliefs that prevent him/her taking the oath, that the evidence he/she is giving is the truth
- Applicant
- Person making the request or demand, e.g. person who issues an application
- Application
- The act of applying to a Court
- 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
- Bar
- The collective term for barristers
- Barrister
- A member of the bar: the branch of the legal profession which has rights of audience before all Courts (see Silk )
- Bona Fide
- IN GOOD FAITH A Bona Fide Agreement is one entered into genuinely without attempt to fraud
- Brief
- Written instructions to counsel to appear at a hearing on behalf of a party prepared by solicitor and setting out the facts of the case and any case law relied upon
- Case Number
- A unique reference number allocated to each case by the issuing Court
- 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
- Caveat
- A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat
- Debtor
- Person owing money to another party
- Decree
- An order of the Court in proceedings commenced by petition
- 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 matters and proceedings relating to children, e.g. wardship; iii) Chancery – property matters including fraud and bankruptcy
- 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
- Also (see Bankrupt )
- 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
- Judgement
- Final decision of a Court. A monetary judgement 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 judgement 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
- Jurisdiction
- The area and matters over which a Court has legal authority
- 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
- Landlord and tenant act
- Act which empowers applications (seeking extension of a lease or some other action concerning tenancy
- Law lords
- Describes the judges of the House of Lords who are known as the Lords of Appeal in ordinary
- Lease
- The letting of land or tenements, e.g. rent etc, for property for a prescribed period
- Legal personal representative
- The person to whom a grant of probate or letters of administration has been issued
- Legatee
- Person to whom personal estate is given by will
- Letters of adminastration
- 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 “adminastrator” to carry out the duties relating to the estate
- License
- Permission to carry out an act that would otherwise be considered illegal
- Lien
- A legal right to withhold the goods/property of another until payment is made
- Litigation
- Legal Proceedings
- Long chief justice
- Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice)
- Lord Chancellor
- 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
- Lord justice of appeal
- Title given to certain judges sitting in the Court of Appeal
- Master
- Judicial officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before the trial
- Mesne profits
- Sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up
- Minor
- 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
- Mortgage
- A loan of money advanced to purchase property. The transfer of the property is withheld as security for payment
- Mortgagee
- The party making the loan
- Mortgagor
- The party obtaining the loan
- Next Friend
- A person representing a minor or mental patient who is involved in legal proceedings
- Notary public
- Someone who is authorised to swear oaths and certify the execution of deeds
- Oath
- A verbal promise by a person with religious beliefs to tell the truth (see Affirmation )
- Official receiver
- 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
- Official solicitor
- 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
- Order
- A direction by a Court
- Originating action
- 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
- Party
- Any of the participants in a Court action or proceedings
- Patient
- 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
- Personal application
- Application made to the Court without legal representation
- Plaintiff
- See CLAIMENT
- Possession proceedings
- Legal proceedings by a landlord to recover land/property i.e. house, flat, garage etc
- Precedent
- The decision of a case which established principles of law that act as an authority for future cases of a similar nature
- probate
- The legal recognition of the validity of a will
- Process
- Personal delivery (i.e. not by mail) of a claim, summons or notice
- Public trustee
- 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
- Puisne judge
- (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
- Putative father
- The alleged or supposed father of an illegitimate child
- Quantum
- In a damages claim the amount to be determined by the court
- Quash
- To annul; i.e. to declare no longer valid
- Queens Counsel
- 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 assumes the thone
- Receiver
- Person appointed by the Court of Protection to act on behalf of a patient
- Respondent
- The person on whom a petition or originating application is served
- Right of audience
- Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings
- Service
- Delivery by post or personal service of the claim, or other court documents
- Silk
- Queens Counsel, a senior barrister sometimes referred to as a leader or leading counsel
- Solicitor
- 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
- Squatter
- A person occupying land or property without the owners consent
- Statement
- A written account by a witness of the facts of details of a metter
- Statutory Instrument
- 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
- Subpoena
- A summons issued to a person directing their attendance in Court to give evidence
- Supreme Court of Judicature
- Collective name encompassing – High Court of Justice, Crown Court and Court of Appeal
- Testator
- A person who makes a will
- 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
- Trust
- Property legally entrusted to a person with instructions to use it for another person (or persons benefit)
- Trustee
- A person who holds or administers property in a trust for another (or others)
- Ward of Court
- The title given to a minor who is the subject of a wardship order. The ensures that custody of the minor is held by the Court with day to day care 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
- Wardship
- High Court action making a minor of court
- Will
- A declaration of a person’s intentions to the distribute his/her estate and assets
- Winding up
- The voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors
A
B
C
D
G
H
I
J
L
M
N
O
P
Q
R
S
T
W
Also see:
Please Note: The contents of this website are for information only and do not constitute legal advice to be relied upon. Professional advice should always be sought for specific issues