Legal Glossary

Adultery

One of the reasons to prove that a marriage has irretrievably broken down where your spouse has had sexual intercourse with someone else of the opposite sex.

Related legal services:

Starting Divorce Proceedings Respond to a Divorce Petition

Arbitration

Another form of dispute resolution where the Parties agree to appoint an independent third party called an Arbitrator to decide the outcome of their dispute. The difference is that Arbitrators make binding decisions based on the available evidence, Mediators do not.

Authorised Guarantee Agreement

An authorised guarantee agreement is made between a Landlord and an outgoing Tenant with the outgoing Tenant agreeing to be responsible for any breaches of the Lease by the incoming Tenant.

Beneficiary

A beneficiary is a person who is named in a deceased person's Will and to whom the deceased has given property, money or something else that belonged to them as a gift. A beneficiary might share a particular gift with other beneficiaries, for example, the property where the deceased lived.

Related legal services:

Draft Individual Will Draft Joint Wills

Cohabitation Agreement

A cohabitation agreement or Living Together Agreement is made between unmarried couples or those not in a civil partnership. It sets out the parties respective shares in property, savings and any other assets.

Related legal services:

Cohabitation Breakdown Cohabitation Advice

Completion

The date of a property transaction when the monies are transferred and the keys to the property are released to the buyer.

Related legal services:

Buying a Property Selling a Property Buying & Selling a Property

Counterclaim

This is the name given to a claim made by a Defendant against a Claimant within ongoing Court proceedings.

Decree Absolute

The final court order which formally ends a marriage.

Related legal services:

Starting Divorce Proceedings Respond to a Divorce Petition

Decree Nisi

The court order in a divorce which orders that a marriage should be dissolved and which sets out a mandatory period of 6 weeks and one day before a party can apply for the Decree Absolute

Related legal services:

Starting Divorce Proceedings Respond to a Divorce Petition

Deputy

A Deputy is someone appointed by an order of the Court of Protection to handle the affairs of a person who suffers from mental incapacity. They are usually a relative or closely associated with that person. They are strictly accountable to the Court of Protection.

Desertion

One of the reasons to prove that a marriage has irretrievably broken down where your spouse has left you without your agreement for more than 2 years in the past 2 and a half years.

Related legal services:

Cohabitation Breakdown Starting Divorce Proceedings Respond to a Divorce Petition

Disciplinary Hearing

As part of a good Disciplinary Process there will be a Hearing. At the Hearing both sides should have an opportunity to state their case by way of documents and witnesses after which a decision is made by a representative of your Employer based upon the available evidence.

Related legal services:

Unfair Dismissal

Employment Tribunal

The Employment Tribunal is part of HM Courts and Tribunals Service. It is there to decide legal disputes between Employers and Employees when all other attempts to find a solution have failed.

Exchange of Contracts

The time when a property transaction becomes legally binding on both parties.

Executor

An Executor is someone who has been named in a deceased person's Will as the person they have appointed to deal with their estate when they die. There could be more than one person appointed as Executor in the Will.

Related legal services:

Draft Individual Will Draft Joint Wills

Financial Ombudsman

The Financial Ombudsman Service was set up by Parliament to look at complaints about a variety of financial problems, including bank charges, which have not been resolved direct between the individual customer and the financial institution.

Freehold

A freehold title is when the same person owns the building and the land upon which it stands. Following a collective enfranchisement the participating tenants normally form a management company in which they are equal shareholders to own the Freehold title.

Related legal services:

Buying a Property Selling a Property Buying & Selling a Property

Grant of Probate

If the deceased leaves a valid will in order to collect in and distribute the estate an application needs to be made by the executor for a Grant of Probate. This is a legal document issued by the Probate Registry which allows an executor of a Will to deal the estate of the deceased person.

Related legal services:

Power of Attorney for an Individual Power of Attorney for a Couple Court of Protection Deputyship

Help to Buy Scheme

A government run scheme with the aim of assisting property purchasers. The scheme includes Help to Buy ISAs, Help to Buy Equity Loans, Help to Buy Shared Ownership, the Help to Buy mortgage guarantee scheme and Armed Forces Help to Buy.

Related legal services:

Buying a Property Buying & Selling a Property

Injunction

An injunction is an Order of the Court which compels a party to do something or else stops them doing something. Injunctions are usually granted on a temporary basis only where some urgency exists and where there is some evidence already of loss being sustained.

Lease assignment

A Tenant can only pass on their legal interest in a Lease by way of an Assignment. If the Lease is registered at the Land Registry, a Transfer is used. If not, a Deed of Assignment is signed by the parties. The Lease itself may include relevant provisions.

Related legal services:

Assignment of Lease (tenant) Assignment of Lease (landlord)

Leasehold

Often a Leasehold property is a flat but it could be a house where possession of the property is subject to a Lease for a set number of years granted by the Freehold owner of the property. Often an annual ground rent is payable. When the Lease ends the property reverts back to the Freeholder.

Related legal services:

Buying a Property Selling a Property Buying & Selling a Property

Mediator

The name given to an independent third party approached by the Parties who assists in the resolution of their dispute without the need for court proceedings.

Power of Attorney

A Lasting Power of Attorney is a legal document that gives someone you trust the legal authority to make decisions on your behalf if you lack mental capacity in the future or no longer wish to make decisions for yourself.

Related legal services:

Power of Attorney for an Individual Power of Attorney for a Couple

Premium

In the context of a Lease, a premium is a lump sum payable by the Tenant at the commencement of the lease.

Related legal services:

Assignment of Lease (tenant) Lease Renewal (tenant) New Lease (tenant)

Quiet Enjoyment

Allowing a tenant to use land without interference. A landlord is expected to allow the tenant to use the land without interference unless specifically stated in the lease or tenancy agreement

Related legal services:

Tenancy Disputes (for Landlord) Tenancy Disputes (for Tenant)

Restrictive Covenant

In the context of employment law, this is a provision within an Agreement that prevents a Party from doing defined things, within a defined area, for an agreed length of time. The most usual Restrictive Covenant in respect of the sale of a business, might seek to stop the seller from setting up a new competing business.

Related legal services:

Employment Contracts Contract / Policy Review

Schedule of Dilapidations

A Schedule of Dilapidations is a document, normally prepared by a surveyor, which lists the problems with repair and maintenance of a building that a Tenant needs to remedy. This is usually after a survey and normally served towards the end of a lease.

Related legal services:

Tenancy Disputes (for Landlord) Tenancy Disputes (for Tenant)

Tenancy in Common

A way in which two or more people hold property where the shares may be equal or unequal. If a person dies, their share does not automatically go the other and passes by way of what is set out in their will.

Related legal services:

Draft Individual Will Draft Joint Wills Contest a Will

Title Deeds

Title deeds can not only establish the ownership of property but they usually contain a detailed plan which will identify the boundaries to the property. Old deeds are still helpful even if the title is now registered, the Land Registry usually retain copies of the original deeds.

Related legal services:

Buying a Property Selling a Property Buying & Selling a Property

Transfer of Equity

Adding or removing a person from the title of a property.

Related legal services:

Equity Transfer

Unreasonable Behaviour

One of the reasons to prove that a marriage has irretrievably broken down where your spouse has behaved in such a way that you cannot reasonably be expected to live with them.

Related legal services:

Cohabitation Breakdown Starting Divorce Proceedings Respond to a Divorce Petition

VWF/ Vibration White Finger

Vibration white finger, also known as Hand-arm vibration syndrome is an an industrial injury triggered by frequent and extensive use of vibrating hand-held tools or machinery. Symptoms can effect the blood vessels, nerves, muscles, and joints, of the hand, wrist, and arm.

Witness evidence

Witness evidence is when someone provides information or a statement confirming facts in this case relating to a work history, work processes, use of machinery and exposure to asbestos in the workplace.