Legal Jargon

A very simple form of survey designed to establish what a property is worth and nothing more.

Another word for “seller”.

A penalty imposed by the court on those convicted of offences.

The person(s) appointed in a will to take care of the deceased’s children until they reach adulthood at the age of 18.

A Settlement Agreement is a legally binding agreement between an employee and their employer, which usually terminates the employment relationship with the employee agreeing to waive their right to bring the majority of employment related claims. As a form of compensation, the employee usually receives an ex-gratia payment.

An arrangement where the freehold of a property is retained by the registered social housing landlord, which then grants a leasehold title for the share acquired by the buyer. The buyer then pays an apportioned rent, in addition to the purchase price, for the share retained by the landlord.

A designated urban area where the use of bonfires and open fires, and in some cases log burners, is very limited. Where fires are permitted, there may be strict rules governing which fuels may be burned. Smoke control areas were introduced to improve air quality in built-up areas. Transgressing the rules of smoke control areas can result in substantial fines.

Special damages describe a range of costs reclaimed as part of a successful claim. These may be out-of-pocket expenses such as travel and accommodation to attend medical appointments, but may also include lost earnings/revenues that are directly attributable to the event, accident or dispute for which the claims has been made.

Stamp Duty Land Tax (SDLT), often simply referred to as stamp duty, is a tax paid by the buyer on the purchase of land or property. It is charged as a percentage of the purchase price. The threshold at which SDLT kicks in, and the precise percentage charged, varies depending on whether it is residential or non-residential and who is buying the property. For example, first-time buyers enjoy a higher threshold for SDLT, a measure introduced to reduce the obstacles for those trying to get onto the property ladder.

The standard of proof refers to the amount of evidence that is necessary and needed to prove an assertion or claim in a trial in court – what needs to be established in order to win a case. The standard of proof required varies depending on the type of case. For example, in a medical negligence case, the standard of proof is “on the balance of probabilities”. The claimant must prove that their injury is more likely than not to have been caused by the “breach of duty”. Another way of looking at it is in percentage terms, i.e. 51% or more. This is a much lower standard than in a criminal case where the standard if “beyond reasonable doubt”.

The form completed and sent to the court at the same time as a financial consent order to give the judge an idea of the assets and liabilities of the parties so they can decide if the proposed order is fair.

A document summarising the points in dispute between the parties that is filed prior to the first court appointment.

The collective term for the Claim Form, Particulars of Claim and (if appropriate) a Reply.

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.

Where a property or parts of it move or sink, either due to poor construction or movement in the ground on which it is built.

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.

When an employee is dismissed without notice or payment for notice.

A criminal offence that usually tried in the Magistrates Court and is considered to be less serious than other kinds of criminal offence.

An inspection of a property to assess its condition and identify any defects that may affect its value. There are three different types of survey – a basic valuation, which is usually carried out by a lender for mortgage purposes to confirm that the property would justify the level of loan being requested; a “Home Buyers” survey, which is a mid-range survey suitable for most purposes; and, a full structural survey, which is usually advised for older properties.