Legal Jargon

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’.

Sometimes known as Life Interest Trusts, this type of trust is commonly used to ensure a spouse has a home and income for life while ensuring the underlying capital is preserved for the children.

All income must be paid to the beneficiary and they normally have no right to the capital. This type of beneficiary is called the Life Tenant.

A remedy granted by the Court during proceedings, that remains in effect (normally) until a final hearing. An interim order may be awarded, for example, to preserve property or assets until the claim is resolved, or to protect an individual while their care is being considered.

In cases where liability has been admitted and a financial settlement is pending but the final sum has not been determined, a claimant may be able to request an interim payment in advance of the final settlement. Any interim payment will be deducted from the final settlement.

If a person dies without making a will their estate is distributed in accordance with the Intestacy Rules. Intestacy is administratively burdensome and can lead to significant delays and expense in the settlement of a person’s estate. It may also mean that a person’s estate is not settled in the way that they might have wanted and should, therefore, be avoided if at all possible.

The fee payable to the court at the start of the case.

A way of owning property in joint names that means that, on the death of one of the owners, the property will automatically pass to the surviving owner regardless of what is said in any will. In the event of the owners separating or wishing to sell the property and not buy another one together, the basic premise is that the proceeds of sale are divided between them on an equal basis, regardless of the contribution that either of them may have made to the purchase price or any subsequent modifications or improvements to the property.

A formal court-ordered separation that is not a divorce but which allows the court to make financial orders. Judicial separations are rare and are usually used where parties do not wish to divorce, perhaps for religious or reputational reasons, but do wish to finalise financial matters.

A search for unregistered titles carried out at the Land Charges Department of Land Registry to see if there are any mortgages or other adverse interests registered against a property that would affect its value and a person or entity’s decision about whether to buy it.

An organisation controlled by central government that maintains a register of properties and their ownership in England and Wales. Approximately 90-95% of residential dwellings are now registered.

The fee payable to the Land Registry to register any change in the property details including a change of ownership or to register the property for the first time.

A search at the Land Registry to verify the owner(s) of a property and other details including previous owners, the price last paid for the property, any charges or debts registered against the property, and any rights of way or access. The search will also usually provide a plan of the property. Ordering a search provides a buyer or lender with a window of 30 days’ protection, during which no changes can be made to the register, and a purchase can be completed without, for example, any new mortgages being registered on the property.

Another word for “lessor” – usually the person who owns the property subject to the lease and who is entitled to receive the ground rent.

Usually (but not necessarily) the freeholder of a property and the person entitled to receive the ground rent from the lessee or tenant.

A document appointing a person of your choice (the attorney) to deal with either your property and financial affairs or your health and welfare decisions when you are no longer capable of doing so, or at a time when you give permission for your attorneys to act.

A document setting out the rights and obligations of the landlord and tenant (lessor and lessee) in the leasehold arrangements.