Legal Jargon

The First Tier Tribunal (Mental Health) is a special court dealing with appeals against the Mental Health Act 1983. The Tribunal decides whether a patient meets the criteria for section or should be discharged. It can also make recommendations about leave, transfer and treatment in the community.

Mediation Information and Assessment Meeting – the preliminary mediation meeting, which explains how mediation works.

A search to check whether a property in a property transaction may be affected by past or present coal, tin, china clay or other mineral mining.

Someone who has not yet reached the age when they have full legal rights and responsibilities. In the UK this is the age of 18 years. Up until the age of 18, a minor would need a Litigation Friend to act on their behalf. Usually this is the child’s parent.

The formal document used when a lender lends money to a property buyer or existing owner. This may also be described as a Legal Charge. The deed is signed by all parties to the loan and registered against the property at the Land Registry, securing repayment of the load to the lender, either from the borrower via mortgage repayments or when the property is sold, including its sale as part of a person’s estate following their death.

A document from the lender (usually a bank or building society) that sets out the terms against which the lender is prepared to make a loan, including the specific financial details and the period of repayment.

The length of time agreed for the repayment of a loan secured on a property.

The lender who lends a sum against the value of a property and who benefits from the mortgage security. This is usually a bank or building society.

The person or entity borrowing money from the mortgage lender and who is named on the mortgage deed.

The minimum hourly rates that an employer is required to pay to an employee, depending on their age or whether they are an apprentice. When employees reach the age of 23, employers are required to pay them the National Living Wage, which is higher than the National Minimum Wage.

Legal term for a family member who has certain responsibilities and powers when someone is detained in hospital under the Mental Health Act. Your nearest relative is determined using the following hierarchy:

– Husband, wife or civil partner
– Son or daughter
– Father or mother
– Brother or sister
– Grandparent
– Grandchild
– Uncle or aunt
– Nephew or niece

In each case, it is always the oldest of the individuals in any category that will be your nearest relative, for example, if both your parents are still alive, it will be the oldest who is named nearest relative. Likewise with any siblings, children etc. Nearest relative is not the same as a Next of Kin. A nearest relative can be displaced in certain circumstances.

In a mortgage-funded property purchase, any person who lives at the property but is not an owner, and will not therefore be signing the mortgage deed, will be asked to consent to the mortgage being taken out and agree to move out if the mortgagee lender repossesses the property following the owner defaulting (failing to pay) on the mortgage.

A court order whereby a property is ordered to be placed on the market for sale, usually with specified terms such as within a defined time period. Orders for sale are typically used to enforce the sale of a property to release funds, either to settle a debt to a creditor or to meet the terms of a post-divorce financial settlement.

Overriding interest is an English land law concept that allows certain interests in a property to be binding on any new owner, even though they are not registered with the Land Registry, as is usually required. Examples of overriding interests could include tenancies of less than seven years, rights of occupation for people who are in occupation but might not be aware of their rights, public rights of way where it is not clear who would have had responsibility for registering them, and rights to light or physical support from adjacent buildings.

All the duties and responsibility that parents have towards their children. Mothers have automatic parental responsibility. Fathers can acquire it by being married to the mother or by agreement or court order.

A formal offer to settle which is governed by Part 36 of the Civil Procedure Rules as opposed to the “without prejudice” regime, and which is governed by strict rules, including costs consequences.

A court document that sets out the detail of a claim, the case that the defendant must defend, and the facts upon which a claim relies. In personal injury and medical negligence claims to progress, the Claimant must submit the Particulars of Claim, along with the Claim form, in order for the claim to proceed.
Particulars of Claim are widely used in other types of civil claims, but they are not necessarily a requirement.

A party wall is a wall that stands astride the boundary between two neighbouring properties and that is owned jointly by both. Repairs and maintenance of party walls are typically the joint responsibility of both neighbours, usually at equal expense. They usually form part of the structure of both properties, though party fence walls may simply serve as dividing walls between adjacent pieces of land. Walls that stand wholly within one owner’s property but which serve to mark the boundary between two adjacent properties may also be identified as party walls. Any works to a party wall should be carried out in compliance with the Party Wall Act 1996.

When an employer pays an employee’s salary, and potentially benefits, for the equivalent duration of their notice period but, the employee does not have to work during this time. Put simply, an employer may decide to pay an employee the would have received during their notice period but not have them working in the business. Where PILON is paid, the employee would no longer be considered as employed by the employer.

Someone entitled to a fixed gift – a specific amount of money or item(s) of property under the terms of a will.