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Legal Jargon

Latin meaning ‘among other things’.

A remedy granted by the Court during proceedings, that remains in effect (normally) until a final hearing. An interim order may be awarded, for example, to preserve property or assets until the claim is resolved, or to protect an individual while their care is being considered.

In cases where liability has been admitted and a financial settlement is pending but the final sum has not been determined, a claimant may be able to request an interim payment in advance of the final settlement. Any interim payment will be deducted from the final settlement.

The fee payable to the court at the start of the case.

A way of owning property in joint names that means that, on the death of one of the owners, the property will automatically pass to the surviving owner regardless of what is said in any will. In the event of the owners separating or wishing to sell the property and not buy another one together, the basic premise is that the proceeds of sale are divided between them on an equal basis, regardless of the contribution that either of them may have made to the purchase price or any subsequent modifications or improvements to the property.

A form of guarantee where one party agrees to compensate another party for any specific loss or damage caused by the first party’s action (or failure to act).

An infant approval hearing is a hearing in which a judge reviews the evidence of a personal injury case involving a child to ensure that the settlement offered by the defendant is fair.

The Inheritance (Provision for Family and Dependants) Act 1975 enables certain classes of people to make a claim against the estate of the deceased if they feel the deceased’s will does not make sufficient provision for them, or if the deceased died without leaving a will. In these circumstances, a person can make a claim under the Inheritance Act for a financial award from the deceased’s estate.

To bring a claim, a person must be one of the following:

– the spouse / civil partner of the deceased;
– the former spouse / civil partner of the deceased who has not remarried or entered into a further civil partnership;
– living with the deceased for at least two years prior to their death;
– the deceased’s child (which includes an adult child);
– treated as the deceased’s child, including but not limited to someone who was adopted by, fostered by or a step-child of the deceased; or
– being ‘maintained’ by the deceased.

With the exception of a spouse or civil partner, a claimant is only entitled to sufficient financial provision as required for their maintenance.

An Order made by the Court either to restrain a party from pursuing a particular course of action or alternatively an Order to force a party to take a particular action.

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