Legal Jargon

A supplemental protocol to rules of civil and criminal procedure in the courts – “a device to regulate minor procedural matters” – and is “an official announcement by the court laying down rules as to how it should function.”

A hearing to decide a point of procedure or a specific issue that goes fundamentally to the heart of the claim or a defence.

A Latin term that means “at first appearance” or “on the face of it”. In civil and criminal law it is used to say that at first look, and without any further investigation, there is sufficient evidence to support a case. In practice, is it used to justify a decision to pursue a case or, in if there is no prima facie evidence, to either dismiss the case or investigate more closely.

A road which is not an adopted highway and therefore not maintained at public expense. Property owners adjoining a private road need to have particular, and preferably documented, rights known as easements over it as it is not necessarily a road that offers public access.

Is a member of the hospital staff who collects and keeps section papers safe, ensures that procedures are followed, including making sure that patients receive relevant information, and arranges Tribunal hearings and managers reviews.

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.