Legal Jargon

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.

The bank, building society or other person or company that lends money to the buyer / owner of a property or other asset.

The present owner of a leasehold property. The interests of the freeholder or landlord are subject to the lessee’s rights under the lease until the lease term has come to an end or they sell their leasehold.

The document issued by the Probate Registry giving formal approval for representatives to deal with the estate of a person who has died intestate i.e. without leaving a will detailing how they wish their estate to be disposed of.

A scheme that allows you to borrow against the value of your home to release funds which can be used to provide an income, a lump sum, or both. The loan does not have to be repaid until you die or move to alternative accommodation. Interest, usually levied at a fixed rate, is “rolled up” on a monthly basis and added to the outstanding loan.

A legal term which means the seller has limited knowledge of the property and cannot give a full title guarantee because they do not know enough about the property. Typically, a limited title guarantee might be used when an attorney, an executor of a deceased person’s estate, or by trustees or a personal representative.

A building of architectural or historic interest recognised as being worthy of protection and preservation. Owners of listed buildings need to gain permission from their local planning authority to make any significant alterations to the property and its curtilage (land and associated buildings). This can include extensions, window replacements and double glazing installation, solar panels, removal of internal walls and features and even changing the colour of external paintwork.

Any party in a non-criminal court case, for example the applicant, claimant, respondent and defendant.

A party to a court case who is not represented by a lawyer.

Taking legal action for civil matters through the courts i.e. a court case.

A search submitted to the local authority that asks a considerable number of questions about a property and its surroundings including, for example, information on any planning permission(s), whether the adjoining roadway is maintainable at public expense or any local land charges affecting the property. Your conveyancing lawyers will usually conduct a local search as part of their work researching the property that you are planning to purchase.

Where one party is ordered to pay the other a lump sum of money by a specified time or following a specific event.

Regular payments of money by one party to the other, also known as periodical payments, to provide for their support or for the support of children of the family. Child maintenance payments are generally dealt with by the Child Maintenance Service (CMS), save in the case of very high earners over a certain threshold.

The age when a person gains full legal rights and responsibilities. In the UK this is the age of 18. Up until then, a minor would generally need a Litigation Friend to act on their behalf.

Mediation is a form of alternative dispute resolution (ADR) that is widely used in both personal and commercial disputes to try to find a satisfactory solution without the disputing parties having to go to court, with all the delay, expense and uncertainty that that can entail. In mediation, an independent mediator, usually an experienced lawyer, is appointed to help the parties resolve the matter. Mediators will review documents and arguments from the parties and/or their legal representatives. They will apply their knowledge of the relevant law to the unique circumstances of the matter at hand and make a recommendation for how the matter should be settled. Both parties must be agree to the mediation for it to take place. Mediation is not legally binding and parties can decide to proceed to court if they are unhappy with the outcome. Mediation decisions can be made legally binding, if both parties agree, through a court order. Mediation is commenced ‘without prejudice’, which means the judge is not informed of the content of discussions.

Mediation is a form of alternative dispute resolution that can be used to settle a wide range of legal disputes and avoid some of the expense, delay and potential risk associated with court action. In mediation, a neutral, trained third-party individual is appointed to assist disputing parties in coming to a mutually acceptable resolution through negotiation and compromise. In certain cases, the disputing parties’ legal advisers will attend a mediation. Mediation is voluntary for both the claimant and defendant and is non-binding until it is written into an agreement that both parties sign. If not satisfactory agreement can be reached, the parties can still decide to pursue the matter through the court system.

In family cases it is usually a requirement to have attempted mediation before an application can be made to the court. Mediations for family cases are generally attended by the parties only.