Legal Jargon

A search required by a mortgage lender to see whether the prospective borrower has been the subject of any bankruptcy proceedings.

The balance of probability standard means that a court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not.

A type of alternative dispute resolution (ADR) where a claim is decided by an appointed expert arbitrator rather than through conventional Court proceedings. Arbitration is usually used in complex and technical disputes, such as building disputes, where a technical expert such as a surveyor can be appointed to decide the case on the basis of the technical aspects of the dispute. Both parties have to agree to arbitration and the decision is usually binding i.e. when a determination is made there is no recourse to Court proceedings if one of the parties doesn’t like the outcome.

The person making the application to the court.

The process where a party applies to a higher Court to review and potentially reverse the decision of a lower Court where they have grounds to do so.

A collective term for processes such as mediation or arbitration that can be used under agreement from both parties to settle a claim without the potential cost, delay and risk of conventional Court procedures.

The procedural ‘track’ for claims with a value exceeding £100,000.

The procedural ‘track’ for claims with a value ranging between £25,000 – £100,000.

When a court hearing is cancelled and rescheduled to a later date.

The person (often a relative) approved by the Probate Registry to deal with the estate of someone who has died without making a will.
The term can also mean an Insolvency Practitioner responsible for running a company that has entered Administration.