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Common Law Glossary - Personal Law
Click on the following categories to search glossary terms by website section:
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Escrow
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Caring for the Elderly
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Employment
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Family
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Handling Bereavement
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Landlord & Tenant
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Making a Will
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Conveyancing
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Home Information Pack
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Personal Injury
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Police & Crime
Escrow
An independent third party who acts as agent for seller and buyer. Upon completion of the transaction and following notification by the buyer that all is in order with the asset to be purchased, the Agent will remit the price to the seller, send documents to the buyer and carry out other agreed instructions.
A Letter setting out detail of the basis upon which we will act as Escrow Agent; including the deposit and price, the documents to be lodged with us and the formula for completion of the transaction.
Evidence of ownership, e.g. in UK registration with the Civil Aviation Authority (CAA) is not in itself evidence of ownership, sale paperwork and certificates in relation to the aircraft.
Caring for the Elderly
From 1 October 2007, the Lasting Power of Attorney has replaced the Enduring Power of Attorney. A document appointing someone of your choice to deal with not only your property and financial matters but also your healthcare and medical treatment, in the event of your being unable or mentally incapable of doing so yourself.
A division of the Supreme Court dealing with the appointment of someone to deal with the affairs of a person who has become mentally incapable. The Court oversees the management of the property and affairs of the incapable person.
Employment
These regulations were introduced to implement the EC Working Time Directive which lays down minimum conditions relating to weekly working time, rest entitlements and annual leave and makes special provision for working hours and health assessments in relation to night workers.
Maternity leave is divided into 3 periods being ordinary maternity leave, compulsory maternity leave and additional maternity leave. Entitlement to maternity leave is governed by the Maternity and Parental Leave Regulations 1999 as amended in 2002.
Grievance & Disciplinary Procedures
The Employment Act 2002 and The Dispute Regulations 2004 brought in the new procedures in October 2004 for all employers to follow in respect of a dispute in the workplace. An employer is now expected to go through defined steps where dismissal or disciplinary action is contemplated. Likewise where an employee has a grievance, certain steps need to be followed failing which an employee may be prevented from bringing a tribunal claim. Failure to comply with these new disciplinary and grievance procedures may result in the reduction or increase of compensation of between 10% and 50%.
Family
The facility the Court has to divide property, assets, pensions and to determine maintenance upon divorce where parties cannot reach agreement.
When people, whether married or not, separate and end their relationship. This can occur without any formal divorce proceedings taking place.
Divorce
The legal proceedings which end a husband and wife’s marriage.
Handling Bereavement
A document issued by the Probate Registry confirming that the Will of a deceased person has been registered and authorising the executors of the Will to receive the estate assets and to deal with the estate as directed by the Will.
A document issued by the Probate Registry to the person entitled to deal with the estate of someone who has died without leaving a Will.
A tax due to the government on the value of certain lifetime gifts or on the value of the estate of someone who has died. There are some exemptions from the tax depending on the value of the gift or estate assets and the type of gift or estate asset involved.
A document in which a person sets out their wishes detailing who should realise their property following their death and appointing the people who they wish to be the executors to deal with their estate.
The person named in a Will to deal with the estate of someone who has died. Their duties include collecting in the assets of the estate, paying any outstanding debts and distributing the remaining estate funds to the beneficiaries named in the Will.
Landlord & Tenant
Possession Proceedings
Taking action in a court of law to recover land and buildings
Unlawful Eviction
Obtaining possession of land and buildings without a court order and without following proper procedure.
Rent Arrears
Money owed by a tenant to a landlord beyond the date on which it should have been paid as rent.
Where a landlord or a tenant fails to carry out an obligation that he ought to do.
Authorised Guarantee Agreement
Where a tenant who is selling a lease guarantees the performance of the tenant's covenants by the person to whom he is selling.
Provision in a lease allowing the tenant (and/or the landlord) to bring an end to the contractual term of the lease before it has run its full course.
Making a Will
Someone who can be appointed in a Will to be the person to look after any infant children of a deceased person.
Any assets owned by two or more persons where if one owner dies his or her share passes to the remaining owners.
An asset held by up to four persons (the Trustees) for the benefit of some other person or persons. An example is a gift under a Will to a surviving child to be paid when they become 18.
A document signed by someone as an addition to their Will. It can alter any previous provisions stated in the Will, or add further gifts, etc. to the Will.
Conveyancing
A loan which is secured on a property. If you fail to keep up the payments the lender can evict you and sell the property to get their money back. If you still owe money after the property is sold, the lender can pursue you until you pay it all off.
When you pay-off your existing mortgage and replace it with another.
Dealing with the legal side of buying, selling, re-mortgaging or otherwise transferring ownership of a property- for example - checking title, carrying out searches, etc. and ensuring that the buyer gets good title on completion.
Investigations with the local authority. A Local Authority Search will give information on planning permissions granted in respect of the property, any compulsory purchase orders, plans for new roads in the vicinity of the property, whether the property is a listed building or situate in a conservation area etc. Note that the Local Authority search is specific to the property itself and will not give any information on adjoining properties.
A deed is a legal instrument used to grant a right. The deed is best known as the method of transferring title to real estate from one person to another. However, by the general definition, powers of attorney, commissions, patents, and even diplomas conferring academic degrees are also deeds.
A government institution set up in 1925 which records details of all properties bought and sold. A copy of the title is kept on the register, which is open to the public. The register records details of the proprietor(s)of the property, all covenants, easements and charges on the property, and recently the purchase price of the property. The Land Registry charges a fee for registering all transfers and mortgages. Not all land in England and Wales is registered at the Land Registry at the moment as it was not always compulsory to do so.
Typically a charge registered against the property will be a mortgage or secured loan but the term also includes covenants, easements, cautions etc. The owner of the property is responsible for all charges no matter when they were registered.
Home Information Pack
The compulsory documents include a Home Information Pack Index listing the documents contained in the Pack.
Energy Performance Certificate
Energy Performance Certificates tell you how energy efficient a home is on a scale of A-G. The most efficient homes - which should have the lowest fuel bills - are in band A.
Sale Statement
The sale statement should provide some basic information about the property. This includes the address of the property for sale, whether it is freehold or leasehold, whether it is registered or unregistered land, and if the property has vacant possession.
Standard Searches
The standard searches required in a HIP are: Local Land Charges Search, and Drainage & Water searches.
Evidence of Title
These documents prove that the seller owns the property and therefore has the right to sell it.
Personal Injury
If an injured person does not opt into a Personal Injury Trust, the value of their compensation award and the income generated from it will be assessable capital and assessable income for the Department for Work and Pensions and local authority means-testing rules. The effect of a Trust is therefore to ringfence the value it contains and to keep compensation outside the scope of state benefits and local authority means tests.
When a person has an accident associated with a motor vehicle that is not their fault and they can claim personal injury compensation.
When a person has an accident, by falling or slipping via an obstacle that should not be there, and they can claim personal injury compensation.
When a person has an accident at work that is not their fault and they can claim personal injury compensation.
Insurance against paying the other side's costs if you lose. Jobling & Knape will attend to the premium on your behalf, if you did take out such insurance before the accident.
The Association of Personal Injury Lawyers campaigns for better laws to help people who are injured or become ill through no fault of their own. Also it provides accreditation to lawyers who specialise in the area of personal injury law. Jobling & Knape have a Senior Litigator, as well as being an Accredited Office.
Accident Claims
When a person has an accident that is not their fault and they can claim personal injury compensation.
Headway is a charity set up to give help and support to people affected by brain injury and those who care for them.
The Criminal Injuries Compensation Authority administers the criminal injuries compensation scheme throughout England, Scotland and Wales. They pay compensation to people who have been the victim of a violent crime.
The Motor Insurers' Bureau compensates the victims of negligent uninsured and untraced motorists.
When Jobling & Knape embark on an accident compensation claim, we will consider whether to enter into a "No Win - No Fee" Agreement. To download our Personal Injury Pamphlet, click here.
Police and Crime
There are 2 duty solicitor schemes which operate in parallel.
The police station duty solicitor scheme enables a person who is arrested on suspicion of a criminal offence to consult with a solicitor, either in person or on the telephone (and frequently both) whilst in police custody. This is free of charge.
The court duty solicitor scheme allows a person that has already been charged with an offence to consult with and be represented by a solicitor at the Magistrates' Court on their first appearance if they do not have, or simply have not contacted their own solicitor. The right to see the duty solicitor applies equally to those defendants who are in custody or on bail, but the right is not unlimited - if the defendant is on bail and is charged with an offence that does not carry a sentence of imprisonment the duty solicitor may not act. This contrasts with the right to advice from the duty solicitor whilst at the police station, which applies irrespective of what the alleged offence may be. This is free of charge.
We can advise or represent you in the Magistrates' Court and arrange for your representation, even up to the Court of Appeal.
The difference between being charged and being summoned is that when you are charged you must attend court. If you are summoned (e.g. for a driving offence) you may be able to plead guilty by post without attending court.
Bail
There are 2 types of bail:
- Police bail where a suspect is released without being charged but must return to the police station at a given time.
- Court bail granted by the police and where, having already been in court, a suspect is granted bail by a court pending further investigations or while the case continues.
The Crown Prosecution Service (CPS) was set up in 1986 to prosecute criminal cases investigated by the police in England and Wales. In undertaking this role, the CPS:
- Advises the police on cases for possible prosecution.
- Reviews cases submitted by the police for prosecution.
- Where the decision is to prosecute, determines the charge in all but minor cases.
- Prepares cases for court.
- Presents those cases at court.
Department for Work and Pensions
Within the Solicitor's Office the Prosecutions Division is responsible for:
- Prosecution of benefit fraud cases investigated by the Counter Fraud Investigation Branch of the Department for Work and Pensions (DWP).
- Prosecution of cases on behalf of the Counter Fraud Operations Service of the National Health Service.
- Prosecution of cases on behalf of the Medicine Controls Agency and the Medicines Devices Agency.
- Prosecution of cases on behalf of the Food Standards Agency.
- Representation on some Child Support Agency family proceedings and prosecution of Child Support Agency criminal offences.
- Representation in Employment Tribunal proceedings where the DWP and the Department of Health act as Respondents.
The Trading Standards Institute (TSI) is a professional association formed in 1881. It represents Trading Standards professionals in the UK and overseas - in local authorities, the business and consumer sectors and in central government.
It exists to promote and protect the success of a modern vibrant economy, and to safeguard the health, safety and wellbeing of citizens by enhancing the professionalism of members in support of empowering consumers, encouraging honest business and targeting rogue traders.
TSI has 5 corporate aims:
- To strengthen the Institute's influence and value by developing its member base.
- To build beneficial partnerships that assist Trading Standards and those that depend on its effectiveness.
- To raise the profile of Trading Standards.
- To enable members to continuously develop their competencies and professionalism.
- To capture and share intelligence and information to the added benefit of fair markets and consumer protection.
The Health and Safety Commission (HSC) is responsible for health and safety regulation in Great Britain. The Health and Safety Executive and local government are the enforcing authorities who work in support of the Commission.
The HSC looks after health and safety in nuclear installations and mines, factories, farms, hospitals and schools, offshore gas and oil installations, the safety of the gas grid and the movement of dangerous goods and substances, and many other aspects of the protection both of workers and the public. Local authorities are responsible to HSC for enforcement in offices, shops and other parts of the services sector.
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