Legal Jargon

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.

A sentence on conviction for a criminal offence, the serving of which is completed in the community, often with an obligation on the convicted to comply with certain conditions. Failure to comply with these conditions can result in the full sentence being carried out. For example, if someone is convicted and given a prison sentence of six months suspended, and they fail to abide by the conditions set, they may be recalled and sent to prison for six months or have the conditions extended. Suspended sentences are only applicable to more minor offences for which the custodial sentence would be two years or less.

A natural approach to managing drainage in and around properties and other developments. SuDS work by slowing down and holding back the water that runs off from a site, allowing natural processes to break down pollutants.

The person currently the owner of a leasehold property – for most purposes the same as the “Lessee”.

A way of holding jointly-owned property so that on the death of one of the owners, their interest in the property passes to the beneficiaries of their will or, in the case of intestacy, be settled through probate. A separate document known as a declaration of trust should be drawn up to stipulate the share of the value of the property owned by each party.

The Residence Nil Rate Band (RNRB) is an additional allowance against inheritance tax (IHT) charged on a deceased person’s estate. The RNRB can be offset against the value of a person’s residence so long as it passes to lineal descendants (i.e. children, grandchildren, step-children/grandchildren, adopted children/grandchildren, foster children). The RNRB was introduced in 2017 and currently stands at £175,000. One point to note is that for every £2 that an individual’s estate exceeds £2 million pounds, the available RNRB will be tapered by £1.

Someone who is entitled to a share of whatever is left in the estate after payment of debts and other specific gifts.

In a court action, the respondent is the person who did not make the court application.

The party or parties who the claim is made against in an Employment Tribunal. This will normally be the employer, but in certain situations may include named individuals.