Legal Jargon

A written declaration (statement) signed before a Justice of the Peace or a person who is authorised to administer oaths (such as a solicitor) but which is not sworn on any religious book (not “made upon oath”).

In conveyancing matters this is a document similar to a statement made under oath (affidavit), however, it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available – for example the use of a right of way.

The process by which legal proceedings are stopped temporarily.

In many types of claim, lawyers may agree to advise clients under a fee agreement (FA). This allows them to charge for their time and also to charge an additional fee if the case is successful.

The process where the parties agree the outcome without the matter progressing to trial.

A payment required by a landlord or managing agent of a leasehold property to cover the cost of insuring and/or maintaining a development or block of which the property forms a part. Most newer freehold properties on an estate are also subject to a service charge payable for amenity areas on the estate.

The formal requirement to give or send documents to an interested party in accordance with specific rules.

A repudiatory breach is a significant breach of contract which goes to the core of the contract and potentially deprives the other party its benefit. It gives the innocent party the right to treat the contract as disregarded and entitles the innoncent party to refuse to be bound to its terms.

The document filed by the claimant in order to respond to issues raised by the defendant in a Defence and/or Counterclaim.

Where documents are privileged, a party can refuse to disclose these documents as part of the disclosure exercise. The two main examples of privilege are documents created between a solicitor and a client (legal professional privilege) and negotiations between parties with a view to settling litigation (negotiation privilege).

A supplemental protocol to rules of civil and criminal procedure in the courts – “a device to regulate minor procedural matters” – and is “an official announcement by the court laying down rules as to how it should function.”