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Talking Legal 
Terms and phrases used in the law:
Conciliation service that intervenes or is invited by parties involved in an industrial dispute to assist them in reaching a settlement. ACAS also provides employment law and industrial relations advice to both employees and employers and generally promotes better labour relations. ACAS is a statutory body that came into being as part of the Employment Protection Act 1975. An acknowledgment of service form is used by a defendant in a civil case when they have received a claim against them from a claimant. It also gives the defendant an additional 14 days to file a defence from the date of its submission. An act of God is often referred to in insurance policies as an exclusion to avoid insurance companies having to pay out compensation for severe natural events or disasters, for example earthquakes, floods, storms or other natural events. The severity of the event is such that little or nothing can reasonably be done to prepare for it or prevent it. An additional award is made in unfair dismissal claims, where an employment tribunal orders an employer to re-engage or reinstate an employee and the employer refuses to do so. The actual award is for between 26 - 52 weeks pay. The rate of pay for each week is governed by statute, rather than the employee's actual weekly rate of pay. Employment tribunals have discretion to award more than this if the employee's lost is greater. The payment of debts and distribution of assets from the estate of a deceased person to his or her beneficiaries. An administrator is appointed where a deceased person dies without making a Will or where an executor is not appointed under a Will or where an executor fails or refuses to act. Where the rights and responsibilities for looking after a minor are transferred from the child's natural parents to another person or couple. The new parents take over from the natural parents. When making an adoption order, the welfare of the child is the paramount consideration. Where land or a property is occupied by someone (the squatter) who does not own it and that person treats the land or property as their own (this includes excluding others from it). The use of the land or property must be constant, using it occasionally or even regularly will not be enough. If the owner of the land or property does not enforce their own rights and evict the squatter after 12 years of adverse possession the squatter will become the owner of the land or property. This is because under the Limitation Act 1980 the original owner is barred from taking any action after 12 years. A sworn or affirmed written statement. The person swearing or affirming states that the contents of the statement are true. This must be done in front of a person authorised to take oaths; this is usually a court official or a solicitor. A court order that is made as part of another order. Usually in the case of divorce where a property adjustment order, financial order or both are made as part of a divorce or nullity. A meeting of company members held each calendar year. AGMs deal with the following key matters: company accounts, directors' and auditor's reports, declaration of share dividends and also the appointment and resignation of directors. 21 days' written notice must be given to members of the AGM. Sent yearly by all companies to Companies House. The annual return includes the following information: the company's stated business activity, details of the registered office, directors and members/shareholders. Late filing or failure to file is a criminal offence with set fines according to how late a filing is. Companies House can also remove companies from the Companies Registry if they fail to file. In the case of a marriage, an annulment is a declaration by a court that a marriage was never actually legally valid. For example, annulment will be granted where one party is still a minor and was therefore legally incapable of entering into a marriage contract, or there has been no consent to the marriage. Where a debt owed to a party is assigned (sold) by that party to another. The party who owes the money then pays the new lender. Notice of assignment of a debt should be in writing. An order made by a court to take money owed directly from the earnings of the person that owes the money. Their employer pays the money directly to the court, usually in instalments. This order is usually made for debts and as part of maintenance orders in family cases. An official appointed by a court (usually a county court), referred to as an officer of the court. Their work usually involves enforcing court orders, such as warrants of execution (the seizure of goods belonging to a debtor). Where an insolvent person is made bankrupt by a court. A trustee in bankruptcy is appointed to collect all of the bankrupt’s assets, sell them where necessary and distribute them amongst his creditors according to bankruptcy laws. Anyone owed £750 or more can file a bankruptcy petition at the High Court or the county court to declare the person bankrupt. The person who owes the debt can also apply to declare themselves bankrupt. Court service for all family cases. Comprises children's guardians, family court welfare service and the children's department of the Official Solicitor. Where a court makes an order for the assets of a debtor to be used as security for the payment of a debt and any interest owed on the debt. A form completed by a claimant that provides their details, the details of the defendant(s) and what remedy the claimant is seeking against the defendant(s). Claim forms are used in civil cases only. If the claimant provides full details of the facts behind their claim, this is known as the "particulars of claim". A document used to add to, alter or remove parts of an existing Will. A codicil must be executed in the same way as a Will (signatures and witnesses etc.). Often used as part of commercial negotiations between two or more parties, usually imposing mutual obligations of confidence. Such agreements exist to protect sensitive and commercial data belonging to one organisation so that another does not exploit it. They will usually prevent the copying or retention of information and protect any information not already in the public domain, as well as addressing any remedies in the case of a breach of the conditions. A contract between an employee and an employer. The contractual arrangement does not have to be in writing (however, it is advisable). As well as written terms contained within the contract of employment, there are also implied terms that exist between the employee and the employer, such as the implied duty of mutual “trust and confidence”. For the employer this means the duty to keep his or her employees safe when they are at work. For the employee it is a duty to work to the best of their ability. Other implied terms can include those implied by collective agreements or custom and practice within a workplace and/or industry. Any contract of employment must contain the statutory minimum that an employer is required to provide by law, for example regarding issues such as pensions, sickness, and grievance & disciplinary procedures. However, employers are free to offer better terms than the statutory minimum. Employers must have a written grievance & disciplinary policy. This where a court decides that you have contributed in some way to the accident you have suffered at the hands of a third party. The more responsibility a court decides you have, the less compensation you will receive. For example, where a driver crashes a vehicle and a passenger was not wearing a seatbelt. The passenger will receive damages (compensation) for any injuries received; however, the amount will reduced by their own negligence in not wearing a seatbelt at the time. The civil courts of England & Wales. A decree to declare a divorce. Confirmation that a marriage has ended, allowing the parties involved to remarry. Is also used for nullity cases and where a missing married person is presumed to be dead, so allowing the remaining partner to remarry. The step before declaring a Decree Absolute. The Decree Absolute is usually made six weeks later. In theory the time between the nisi and the absolute is so that another party can take action to prevent the decree being made absolute. Where a defendant in a civil case has not filed a defence or has not complied with court procedures, the claimant can make an application for judgment in default. The court will automatically take the claimant’s case as made. A default judgement may be set aside if the defendant can show a genuine reason for non-compliance or not filing a defence in time, and that he has a reasonable chance of defending the claim. The treating of one or more people unfairly, as compared to any other person or persons. Discrimination can be based upon the following grounds: sex, sexual orientation, race, nationality, religion or disability. The legal end of a marriage once a decree absolute has been made. Tribunal that hears appeals regarding employment cases after a decision made in an employment tribunal. Where a mortgage lender (mortgagee) can apply to the High Court to force a borrower (mortgagor) to pay off their mortgage completely or have the lender seize and sell the property to in order to pay off the debt. The courts are generally against this remedy and will often set aside foreclosure in favour of the mortgagor selling the property themselves, even if the property carries negative equity. Court order made so that a person who is owed money (creditor) can obtain full or part payment from a third party who in fact owes money to or holds money for the debtor. An example is an order made so that money in a bank account belonging to the debtor must be paid to the creditor. In this situation the bank is ordered to pay all or part of the money in the account directly to the creditor. A Jewish divorce – a handwritten document given to the wife by her husband in the presence of two witnesses. A ghet makes no reference to responsibility or fault, has no bearing on any aspect of the civil settlement and does not subject either party to personal questions. As long as there is mutual consent, there is no need to state the grounds for divorce. Formerly called ABWOR (advice by way of representation). Legal advice and representation for an individual at a court or tribunal. Under the Housing Act 1996 an official who deals with disputes between registered social landlords and tenants. (Registered social landlords do not include local authorities.) Act under which the European Convention on Human Rights became part of law throughout the UK. An injunction is an equitable remedy in the form of a court order that either prohibits or compels (“restrains” or “enjoins”) a party from continuing a particular activity. Failure to comply with an injunction is contempt of court. An agreement where two or more parties create an organisation (usually a company) to run a commercial venture or merge separate organisations. Each of the parties has a share in the joint venture. A court order that allows a husband and wife to separate and not cohabit; however, their marriage is not over. Can be used where the parties have a religious objection to divorce or where the parties have not actually decided to divorce. Where a person enforcing a judgement asks the court to issue a summons against the debtor. The debtor must attend the court and disclose (under oath) their assets. Statutory rules limit the time within which a civil action must be taken, specifically through the Limitation Act 1980. This means that if you have a civil dispute with another party you must start legal action within the specified time period. Different types of cases have different time limits. If you do not take legal action within the time period for your type of case, you are unable to start legal action at a later stage, although there are some exceptions to this general rule. Examples of time limits include: Contract claims must be started within 6 years of the date of the contract. Tort claims – within 6 years of the action that caused you to make your claim. Land claims – within 12 years of the action that caused you to make your claim. Personal injury claims or death caused by negligence – within 3 years of the action that caused you to make your claim or (if later) 3 years from when you were aware of the circumstances. However, in these cases the courts have discretion to extend the limitation period. Some very important cases have only gone to court once their time limit has been extended. A legal entity that is a cross between a partnership and a limited company. As a legal entity the partnership can enter into contracts in its own right, in the same way that a company can. This also means that the partnership bears the liability and the risk for that contract, rather than the partners personally – which they would under a traditional partnership. Like a traditional partnership, two or more people can set up a limited liability partnership. Due to their dual nature, limited liability partnerships are governed by the Limited Liability Partnership Act 2000 and the Companies Act 1985. Wide term to cover the provision of food, clothing, shelter and other necessities. A parent must maintain any of their children who are minors and a husband or wife must maintain their spouse. Failure by a parent to maintain their minor child is a criminal offence. Maternity Leave and Additional Maternity Leave Any woman employed by her employer up to the 11th week before the expected week of confinement (the week she is expected to give birth) is entitled to Maternity Leave. Notice from a landlord to a tenant to leave the landlord's property on a specified date, the date that the tenancy ends or after a set period, if the tenancy agreement allows for a break clause, for example after the first 6 months of a 12 month tenancy. The tenant can also give a notice to quit to the landlord to state that they intend to leave on the date the tenancy expires. For assured shorthold tenancies the notice must contain certain required details. Where a new contract is substituted for an existing contract. The terms of the contract may change and/or a new party may be added to the contract. The criminal offence of obstructing a road or allowing a road to be obstructed with a vehicle or other object. It can also include driving unreasonably slowly. It needs to be shown that other people or vehicles have been obstructed. The punishment for the offence is a fine. This is where the occupier of land or premises is liable for any injury caused to another party while on their land or premises. For example, if a customer at a supermarket slips on a spillage on the floor and is injured, the supermarket could be liable. Where a decision made within a company by the members of the company voting on a particular issue must be passed by a simple majority (more than 50 per cent of the members). The members can vote in person, or appoint a proxy to vote on their behalf. (An ordinary resolution can be used unless the Companies Acts or the company's articles of association specify that another resolution must be used, for example a special resolution.) Police and Criminal Evidence Act 1984. Under the Maternity & Parental Leave Regulations 1999, working parents are entitled to take time off work to look after their children. Employees must have been employed with their employer for at least 12 months to qualify for the right to request parental leave. The regulations specify the amount of time off and other terms. The regulations specify the minimum required by law; however, employers and employees can agree more generous terms. All the duties, rights and responsibilities by law that a parent has in relation to their child. An order made by a court, which gives parental responsibility to an unmarried father. The unmarried father can apply to the court to be granted parental responsibility. The details of a civil claim made by a claimant against a defendant. A group of two or more people who work together in a business to make a profit. Partnerships are governed by the Partnership Act 1890. Partners are personally liable for the debts of the partnership; exceptions to this are individuals who are limited partners and limited liability partnerships. A written agreement between two or more individuals to set up a business to make a profit. Partnership agreements include among other points the duties of each partner, their capital contributions, the place of business and the nature of the business. Key areas also include provision for the retirement of partners and the facility for the remaining partners to purchase a departing partner's share in the partnership, if the partnership carries on. The granting of the exclusive right to commercialise or exploit an invention. To be granted a patent the invention must be new and not obvious. The person or organisation granted the patent has the exclusive right to exploit it for 20 years. Patents can be granted for the UK and other jurisdictions, such as the European Union and America. A tenancy agreement where rent is payable at fixed intervals and carries on from one interval to the next until terminated. Or where an assured shorthold tenancy has expired and rent continues to be paid to and accepted by the landlord. Giving false evidence in court (lying under oath) or giving evidence that you believe to be untrue, (even if it subsequently turns out to be true). Perjury is a criminal offence punishable by a fine or up to seven years in prison. Perjury can also be committed in a tribunal or any forum where the person giving the evidence must swear an oath or affirm. Presumption in court that anyone charged with a criminal offence is innocent until proven guilty. A Will made by anyone under military service or at sea. A privileged Will does not have to comply with the requirements of an ordinary Will in order to be valid. For example, it can be oral rather than written, made without witnesses, made by a minor rather than an adult. The rule that only parties to a contract can sue or be sued under the contract. Third parties not party to the contract cannot sue. There are some exceptions to the privity doctrine, including collateral contracts, agency agreements, trusts, restrictive covenants and some other statutory exceptions. An order made by a court in a family case to prevent certain actions being taken without the court first consenting. For example, a prohibited steps order can be made to prevent a child or children being taken abroad on holiday by one of their parents. This is done in circumstances where there is a custody dispute and there is a perceived risk that the parent will not return with the child or children. Provisional damages (compensation) are paid in personal injury cases where the nature of the injury is such that it may get worse over time or where the injury may cause further related health problems in the future. This uncertainty means that a court will allow provisional compensation and for the injured party to come back within a specified period of time to claim further damages, if their injuries get worse or another health problem develops because of the initial accident. Examples include, where an injured party loses sight in one eye and there is a risk that they may lose sight in their other eye. Quasi-autonomous non-governmental organisation. An organisation set up or appointed by the government to carry out a specific brief or function. Quangos are not government departments, but they do carry out work on behalf of the government. The right of quiet enjoyment is the right of a tenant to enjoy a rented property without intrusion or disturbance by the landlord. For example, a landlord does not have the right to turn up unannounced to check up on a tenant and the property. The landlord and tenant can, however, agree a mutually convenient time for the landlord to enter the property for a specific purpose, such as to repair a broken pipe, or the landlord may gain access by providing the tenant with 24 hours’ prior written notice. Under a company's articles of association, the minimum number of people that must be present at a meeting in order to carry on the business of the company. A person may use reasonable force against another if in self-defence. Reasonable force can be used to protect both property and yourself. Also, if an intruder enters a property at night it is reasonable to assume that they intend to cause harm to the occupants and not just take possessions. A person appointed by a court to secure assets belonging to another party, so that the court can deal with those assets. Under the Employment Rights Act 1996, dismissal due to redundancy is defined as one of the following: The business is being transferred to another location. The employer needs fewer employees. The official address for a company kept on the Companies Registry. This address is used for the service of any documents and must be included on all letterheads and other company stationery. A court makes a residence order to state where a child or children will live, when the parents cannot agree. A person other than a parent can also be granted a residence order. Type of damages/compensation awarded in tort or contract claims. Special Damages are damages that must be proved by the party claiming, they are not assumed by a court. Losses that are particular to your case might be, for example, damage to your car in an accident or an injury that prevents you from playing your favourite sport. A court will have to decide an amount of compensation for these sorts of losses. Where a decision made within a company by the members of the company voting on a particular issue must be voted for by at least 75 per cent of the members, either voting in person or by proxy. Members of the company must be given at least 21 days' notice of any meeting where a special resolution is to be voted upon. An order made by a court regarding a specific issue relating to a child, for example, where a child should go to school. The court will make an order where the parents cannot agree. These orders are made as part of other matrimonial proceedings, such as divorce or separation. Any order made by the court will treat the child's welfare as paramount. A statement made by a person or their lawyer in a civil case that he or she believes that the contents of a document are true. Statements of truth replace affidavits. Deliberately providing false information in a statement of truth is contempt of court. In a civil case where a claimant seeking payment of a debt or damages in the High Court can obtain judgement without the defendant being able to defend the action. Summary judgement will be successful where the court believes that the defendant is unlikely to be successful in defending a claim. Where the owner of land (the landlord) allows another party (the tenant) to take possession of the landlord's land for an agreed period, usually in return for payment of rent by the tenant to the landlord. The tenant is then able to use the land without interference from the landlord, as long as the tenant follows the terms of the tenancy. A symbol registered by the owner at the Register of Trade Marks (for UK trade marks), which is part of the Patent Office. The symbol can include a logo and/or words and must be sufficiently different from existing trade marks to avoid any confusion. Registration lasts for 10 years and can be renewed. Registration can also be made throughout the EU using a Community Trade Mark (CTM). This is cheaper than registering a trade mark in every individual EU state. The entering onto land without the owner's permission. Trespass can also relate to persons (assault, battery and false imprisonment) and goods (moving or interfering with goods). Where an employee has been dismissed and an employment tribunal finds that the dismissal has been unfair in accordance with the Employment Rights Act 1996. A ground for divorce, where a petitioner finds the behaviour of the respondent unreasonable and so it is unreasonable for the petitioner to carry on living with the respondent. Goods sent to a person who has not requested them. The person receiving the goods does not have to pay for them. After six months the goods become the property of the person who received them. If the receiving party contacts the sender and asks for the goods to be picked up (and they are not), the receiving party becomes the owner of the goods after 30 days. Before the receiving party becomes the owner, they must look after the goods and not dispose of them. Remarks made by an accused in front of police. These can be written down by the police and may be read as evidence in court by the policeman or woman who wrote down the remarks A person who regularly brings worthless court cases against another person or people. A court may make an order that the vexatious litigant is unable to start any future court actions without the prior permission of the court. Where one party is liable for the torts (negligent acts or omissions) of another party. Most commonly found in an employment context, an employer is vicariously liable for negligent acts or omissions by his employee in the course of employment, whether or not such acts or omissions were specifically authorised by the employer. To avoid vicarious liability, an employer must demonstrate either that the employee was not negligent in that the employee was reasonably careful or that the employee was acting in his own right rather than on the employer's business. An agreement between a debtor and his creditors for the payment of debts owed to the creditors. Under the Public Interest Disclosure Act 1998, an employee may disclose information about his or her employer's business (where there is wrongdoing by the employer). The employee is then protected against the employer taking action against the employee in revenge. A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties. Where an employee's contract is terminated, but the termination breaches the terms of the employee's contract. For example, where an employer has their contract terminated without a notice period or the notice period is insufficient. If you require any further information about the services that we provide or would like to review your financial planning position, please contact us |