Copy of `HMCS - Law terms`

The wordlist doesn't exist anymore, or, the website doesn't exist anymore. On this page you can find a copy of the original information. The information may have been taken offline because it is outdated.

HMCS - Law terms Category: Legal Date & country: 10/01/2008, UK Words: 404

Putative Father
The alleged or supposed father of an illegitimate child

Puisne Judge
(Pronounced Puny) High Court judge. Any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal

Public trustee
A person (usually a barrister or solicitor) appointed by the Lord Chancellor as i) trustee for trusts managed by the Public trust Office; ii) Accountant General for Court Funds; iii) Receiver (of last resort) for Court of Protection patients

Prosecution
The institution or conduct of criminal proceedings against a person

Prosecutor
Person who prosecutes (see PROSECUTION)

Process
The document commencing a claim or subsequent action

President of the Family Division
Senior judge and head of the family Division of the High Court of Justice

Probate
The legal recognition of the validity of a will

Preliminary hearing
A hearing in which the Judge ensures that the parties understand what they must do to comply with any directions and offers guidance on such matters as the use of an expert witness. This hearing is before the final hearing

Pre-trial Review
A meeting at which the Judge considers the issues before the timetable for the trial /final hearing date is finalised

Precedent
The decision of a case which established principles of law that act as an authority for future cases of a similar nature

Pre-action protocols
These are steps to be followed by parties to a dispute prior to legal action. The aim is to increase co-operation between parties and therefore the chances of an early settlement

Pre-trial checklist
A pre-trial checklist is completed before the trial. The checklist is for the parties and the Judge, as a reminder of the issues to be considered. The checklist will then be reviewed at a pre-trial review just before the final hearing.

Power of Arrest
An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order

Practice Directions
These are steps to be followed by parties to a dispute prior to legal action. The aim of the to increase co-operation between parties and therefore the chances of an early settlement

Possession Proceedings
Legal proceedings by a landlord to recover land or property such as a house or flat.

Plea
A defendant's reply to a charge put to him by a court; i.e. guilty or not guilty

Pleading
Documents setting out claim/defence of parties involved in civil proceedings

Possession Claim Online (PCOL)
An online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also

Petitioner
A person who presents the petition

Plaint Note
see NOTICE OF ISSUE

Plaint Number
Old-fashioned term for Claim Number

Plaintiff
see CLAIMANT

Personal Service
Personal delivery (i.e. not by mail) of a claim, summons or notice

Petition
A method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved (divorce proceedings)

Permission
See leave

Personal Application
Application made to the Court without legal representation

Personal injury claim
A civil claim, which relates to physical or mental harm suffered by a claimant, due to the defendant`s alleged negligence

Patient
A person who is deemed incapable of handling his/her own affairs by reason of mental incapacity and who is under the jurisdiction of the Court of Protection

Penal Notice
Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment

Party and Party
Costs that one party must pay to another

Particulars of claim
This document contains details of the claimant`s claim which must be contained in the claim form or served shortly after the claim form has been served. The particulars should be a concise statement of the facts of the claim

Party - parties
People involved in court proceedings either as the defendant(s) or claimant(s)

Part admission
See admission

Ouster
An order within an injunction to force a person to leave a property

Part 8 Claim
An alternative procedure for issuing a claim to the court

Order
A direction by a Court

Originating Application
(see MATTER) A method of commencing proceedings under the authority of a specific act of parliament, e.g. Landlord and Tenant Act, whereby the applicant asks the Court to grant an order in their favour

Oral evidence
Evidence given to a court, verbally rather than in writing

Oral Examination
A method of questioning a person under oath before an officer of the Court to obtain details of their financial affairs

Ombudsman
Independent ‘referees` who consider complaints against public and private organisations in a wide range of fields including housing, health and banking. They are often used as a last resort when complaints cannot be resolved through an organisation`s own complaints procedure. Ombudsman services are free to use. Recommendations made by ombudsmen are …

Official Solicitor
A solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellor's Department. The duties include representing, in legal proceedings, people who are incapable of looking after their own affairs i.e. children/persons suffering from mental illness

Official Receiver
A civil servant who works for the Department of trade and Industry and is appointed by the Court to act as:- i) a liquidator when a company is being wound up; ii) a trustee when an individual is made bankrupt. The duties of an official receiver will include examining the company/bankrupt's property which is available to pay the debts and distributi …

Objection
Disagreement with an argument or set out by another at the hearing

Oath
To call upon God to witness that what you say at the hearing is the truth or binding. (see affirmation)

Notice to Quit
Gives prior notice, when served in possession proceedings, of termination of a tenancy

Nullity
Application to the Court for a declaration that a marriage be declared 'void' or be annulled i.e. declared never to have existed or to have subsisted until the Court dissolved it

Notice of Issue
Notice sent by a Court to the claimant giving notification of the case number allocated to their action and details of fees paid. Confirms date of service

Notary Public
Someone who is authorised to swear oaths and certify the execution of deeds

Northampton Bulk Centre
Bulk users in court actions are businesses and local authorities. Their claims are issued by this centre in the name of Northampton County Court. This centre deals with administrative casework on a larger scale than most courts. For example, they will issue debt recovery and hire purchase claims in multiples for businesses

Non-Molestation
An order within an injunction to prevent one person physically attacking another

Non-Suit
Proceedings where the plaintiff has failed to establish to the Court's satisfaction that there is a case for the defendant to answer

Motion
An application by one party to the High Court for an order in their favour

Multi Track
The path that defended claims over £15000 are allocated to  

Next Friend
(see GUARDIAN) A person representing a minor or mental patient who is involved in legal proceedings

Mortgagee
The party that advances the loan

Mortgagor
The party obtaining the loan

Mortgage
A loan of money advanced to purchase property. The transfer of the property is withheld as security for payment

Money Claim Online (MCOL)
An online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also

Money Claim
A claim for money only in the county court. The claim can be for a fixed on unspecified amount. See also unspecified amount of money

Mitigation
Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence

Minor
Someone below 18 years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian

Mesne Profits
Sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up

Mediation
A process for resolving disagreements in which an impartial third party (the mediator) helps people in dispute to find a mutually acceptable resolution. If mediation fails court proceedings can be initiated or re-activated

Matter
(see Originating Application) Proceedings commenced by way of originating application

Master of the Rolls
Senior judge of the Court of Appeal (Civil Division)

Master
(see Registrar) Judicial officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before trial

Maladminstration
Maladministration is administration that leads to injustice because of such factors as excessive delay, bias or arbitrary decision-making.

Maintenance Pending Suit
A temporary order for financial provision made within divorce proceedings until such time as the proceedings are finalised (i.e. by issue of the Decree Absolute)

Magistrates Court
A Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. Also has jurisdiction in a range of civil matters (see also Stipendiary Magistrate)

Lord Justice of Appeal
Title given to certain judges sitting in the Court of Appeal

Lord Chief Justice
Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice)

Lord Chancellor
The cabinet minister who acts as speaker of the House of Lords and oversees the hearings of the Law Lords. Additional responsibilities include supervising the procedure of Courts other than Magistrates or Coroners Courts and selection of judges, magistrates, queens counsel and members of tribunals

Long Vacation
Period between 1 August and 30 September in each year during which there are only restricted High Court sittings for urgent matters

Litigation friend
A person who conducts legal proceedings on behalf of a child or a mentally incapacitated person

Lodging
The process of filing (delivering) documents to a court. See also filing

Litigant in person
A person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the court

Litigation
Legal proceedings or court action. Litigation can be either civil or criminal proceedings.

Licence
Permission to carry out an act that would otherwise be considered illegal

Lien
A legal right to withhold the goods/property of another until payment is made

Listing Questionnaire
This form is used to ensure that all issues are resolved and that the parties are ready for trial. Used for Fast track and Multi track claims only

Libel
A written and published statement/article which infers damaging remarks on a persons reputation

Liability
Responsibility or obligation. For example, a debt is a liability or responsibility.

Levy
(see Execution and Fi-Fa) A duty carried out by a bailiff or sheriff under the authority of a warrant or writ of fi-fa, for a sum of money whereby goods of value belonging to the debtor are claimed with a view to removal and sale at a public auction in an attempt to obtain payment

Legal representation
See Counsel, Barrister, Solicitor

Legatee
Person to whom personal estate is given by will

Letters of Administration
Authority granted by a Probate Registry to someone interested in the estate of a person who has died without leaving a will. The order allows the 'administrator' to carry out the duties relating to the estate

Legal Personal Representative
The person to whom a grant of probate or letters of ADMINISTRATION has been issued

Legal counsel
See Counsel, Barrister, Solicitor

Legal advice
Advice about the law and your options from a qualified legal representative or advice centre

Legal Aid - Public Funding
State funded assistance, for those on low incomes, to cover legal fees.

Lease
The letting of land or tenements, e.g. rent etc, for property for a prescribed period

Leave
Leave means ‘permission`. Some steps in legal action require the permission of the court. For example a losing party may be granted leave to appeal.

Lay representative
A person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse.

Leading junior counsel
A senior barrister who deals with more serious cases, but not a QC.

Lawyer
The legal profession in the UK is divided into two branches. Barristers have the right to represent clients in higher courts whereas most solicitors are restricted to represent their clients in the lower courts

Law
The system made up of rules established by an act of parliament, custom or practice enjoining or prohibiting certain action (see also Common Law)

Law Lords
Describes the judges of the House of Lords who are known as the Lords of Appeal in ordinary

Juvenile
Person under 17 years of age

Landlord
A person or organisation which owns land and / or buildings which are leased to tenants