Legal Jargon

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.

The term medical treatment covers a wide range of medical and care interventions to cure, alleviate, or prevent a worsening of a medical or mental health condition or one or more of its symptoms or manifestations. This includes nursing, psychological intervention and specialist mental health habilitation (learning skills), rehabilitation (relearning skills) and care.

The Mental Capacity Act (MCA) provides a legal framework to protect and empower people with learning difficulties or who lack the mental capacity to make their own decisions where possible and, where that is not possible, to ensure that decisions made about them are done so with the person’s best interests in mind.

Any disorder or disability of the mind, including any mental health problem normally diagnosed in psychiatry and certain learning disabilities.

The Mental Health Act 1983 provides that people can be detained in hospital if they have a mental disorder that puts them or others at risk. It also provides that they can be treated against their wishes if necessary, provided certain conditions are met. This is informally known as being ‘sectioned’, which is a reference to the different sections of the Mental Health Act that provides different levels and durations of detainment depending on the person’s condition.

Latin meaning ‘among other things’.