
Eddison Cogan Lawyers
Family & Commercial Law Specialists
+44 (0)117 389 0523
Glossary of Legal Terms
Absolute Title
A property ownership status with no legal disputes over ownership.
Accruals
Financial obligations or expenses recognized but not yet paid.
Actus Reus
The physical act of committing a crime.
Adjudication
A formal legal judgment or decision.
Adverse Possession
Acquiring ownership of land by occupying it for a certain period.
Affidavit of Means
A sworn statement detailing an individual's financial circumstances, often used in divorce cases.
Aggravating Factors
Circumstances that increase the severity of an offence.
Alternative Business Structure (ABS)
A legal firm structure allowing non lawyers to have ownership.
Appeal Court
A higher court that reviews lower court decisions.
Arraignment
The formal reading of criminal charges to a defendant.
Assets Protection Trust
A trust designed to protect assets from creditors or legal claims.
Assumption of Risk
A defence in tort law where a person knowingly takes a risk.
Balance of Probabilities
The standard of proof in civil cases.
Bankruptcy Restriction Order
A court-imposed restriction limiting a bankrupt individual's financial activities.
Barratry
A legal term for repeated, groundless lawsuits.
Beneficial Interest
A person's right to benefit from an asset or trust.
Bequest
A gift of personal property in a will.
Breach of Duty
Failing to meet a legal obligation.
Business Interruption Insurance
Insurance covering financial losses due to unforeseen business disruptions.
Cartel
An illegal agreement between businesses to control markets.
Charge
A legal claim over an asset, often used as loan security.
Child Arrangement Order
A court order determining child custody arrangements.
Child Support Agency (CSA)
A government agency responsible for assessing and enforcing child maintenance payments.
Class Action
A lawsuit filed by multiple people with a common grievance.
Collective Redundancy
When multiple employees are dismissed due to business restructuring or closure.
Compulsory Liquidation
A court-ordered process forcing a company to close and sell its assets to repay creditors.
Constructive Trust
A legal remedy where property is held on behalf of another due to unfair circumstances.
Corporate Insolvency
A situation where a company cannot pay its debts as they fall due.
Custody Order
A legal ruling determining parental rights and responsibilities for a child.
Decree Absolute
The final court order in a divorce.
Defeasible Interest
A property interest that can be voided under certain conditions.
Direct Discrimination
Treating someone unfairly due to characteristics such as age, gender, or race.
Directors' Duties
Legal responsibilities of company directors.
Doctrine of Precedent
The principle that courts follow previous rulings.
Duress
Unlawful pressure or threats forcing someone to act.
Emancipation
A minor gaining legal independence from parents.
Encroachment
Unauthorised use of another's land.
Equitable Distribution
A legal principle used to fairly divide assets in divorce proceedings.
Estoppel
A principle preventing someone from contradicting previous actions.
Exoneration
Being cleared of legal responsibility.
Family Mediation Voucher Scheme
A UK initiative helping families resolve disputes outside of court.
Fiduciary Relationship
A legal duty of trust and confidence.
Fixed-Term Contract
An employment contract lasting for a specified period or until a task is completed.
Forfeiture
Losing rights or property due to a legal breach.
Freezing Order
A court order preventing a person from disposing of assets during legal proceedings.
General Power of Attorney
A legal document granting broad decision-making powers to another person.
Goodwill Valuation
An assessment of the value of a company's reputation and customer relationships.
Holding Over
When a tenant continues occupying a property after a lease expires without renewal.
Hostile Witness
A witness whose testimony contradicts expectations.
Immunity
Legal protection from prosecution.
In Loco Parentis
Acting with parental authority.
Indictable Offence
A serious crime requiring trial in Crown Court.
Injunction
A court order to prevent specific actions.
Interim Order
A temporary legal ruling.
Joint and Several Liability
A legal obligation where multiple parties are responsible for a debt or obligation.
Judicial Separation
A legal process allowing spouses to live separately without divorcing.
Landlord and Tenant Act
UK law governing rental agreements.
Legal Aid
Government funding for legal representation.
Limitation Period
The time limit for bringing a legal claim.
Litigant in Person
A person representing themselves in court.
Malice Aforethought
The intent required for murder.
Material Breach
A serious violation of a contract allowing the non-breaching party to terminate it.
Mens Rea
The mental element of a crime.
Misfeasance
Improper performance of a lawful act, often in a corporate setting.
Non-Molestation Order
A court order preventing harassment or abuse in domestic situations.
Novation
Replacing a contract with a new one.
Occupational Pension Scheme
A workplace pension provided by an employer.
Onerous Terms
Unfair contract terms.
Parental Alienation
When one parent manipulates a child against the other parent.
Partnership Agreement
A legal contract outlining rights and responsibilities of business partners.
Post-Nuptial Agreement
A contract made after marriage specifying financial arrangements in case of divorce.
Precedent
A previous court decision influencing future cases.
Prima Facie
Latin for "at first sight", meaning sufficient evidence to proceed.
Prohibited Steps Order
A court order preventing a parent from taking certain actions involving a child.
Quid Pro Quo
A fair exchange in a contract.
Reasonable Adjustments
Changes required by law to accommodate employees with disabilities.
Rescission
Cancelling a contract.
Revocation
Withdrawing a legal document.
Schedule of Loss
A document outlining financial losses in a legal claim.
Settlement Agreement
A contract resolving legal disputes.
Stamp Duty Land Tax (SDLT)
A tax paid on property transactions above a certain value.
Strict Liability
Legal responsibility without proof of fault.
Summary Judgment
A court decision made without a full trial when there is no dispute on the key facts.
Termination for Breach
Ending a contract due to a fundamental violation of its terms.
Tort
A civil wrong causing harm.
Trustee
A person managing assets for beneficiaries.
Unjust Enrichment
Receiving money or benefits unfairly.
Vexatious Litigation
Legal action without merit to harass.
Winding Up
The process of closing a company.
Without Prejudice
A statement made during negotiations that cannot be used in court.
Acceptance of Offer
Agreement to the terms of an offer, forming a legally binding contract.
Acquittal
A formal decision that someone is not guilty of a criminal charge.
Ademption
When a specific gift in a will is no longer available when the testator dies.
Administrator
A person appointed to manage an estate if there is no will.
Affidavit
A sworn written statement used as evidence in court.
Agency
A legal relationship where one person acts on behalf of another.
Alibi
Evidence proving a defendant was elsewhere when a crime occurred.
Annulment
A legal ruling that a marriage was invalid from the start.
Appointed Guardian
An individual legally assigned to care for a minor or incapacitated person.
Articles of Association
A document outlining a company's internal governance rules and management structure.
Assignment of Contract
The legal transfer of rights and obligations from one party to another in a contract.
Bailiff
A court officer who enforces judgments and removes property.
Bankruptcy Order
A court ruling declaring a person bankrupt.
Bare Trust
A trust where the beneficiary has an immediate and absolute right to assets.
Bearer Shares
Unregistered shares where the holder is the legal owner.
Beneficial Ownership
The true ownership of an asset, even if it is legally registered under another name.
Bona Fide
Latin for "in good faith" meaning genuine or honest.
Breach of the Peace
An act causing public disturbance or disorder.
Capacity
A person's legal ability to enter into a contract.
Chancel Repair Liability
An ancient obligation to pay for church repairs.
Chattels
Moveable personal property, not including land.
Child Custody Evaluation
An assessment by a professional to determine the best living arrangement for a child.
Civil Partnership
A legally recognised relationship between two people.
Coercion
Forcing someone to act under threat or pressure.
Commonhold
A type of property ownership without leasehold restrictions.
Confidentiality Clause
A contract provision that prohibits the disclosure of private or business-sensitive information.
Contingent Liability
A potential legal or financial obligation that may arise depending on future events.
Covenant
A binding promise in a contract, often relating to property or business obligations.
Debt Recovery
The process of collecting unpaid debts through legal or administrative means.
Deed
A formal written document, often related to property.
Detinue
A legal action to recover wrongfully retained property.
Director's Loan
Money borrowed from or lent to a company director by their business.
Divorce Petition
A formal request to dissolve a marriage.
Domicile of Dependency
A legal concept where a minor's (child's) domicile follows that of their parents or guardian.
Duress in Contracts
When one party is pressured into signing a contract against their free will.
Employment Rights Act 1996
UK legislation outlining employee rights, including unfair dismissal and redundancy.
Enforceable Undertaking
A formal legal commitment to comply with regulatory requirements or correct a violation.
Equity
Legal principles based on fairness.
Estoppel by Representation
A legal principle preventing someone from denying statements they previously made.
False Imprisonment
Unlawful restriction of someone's freedom.
Family Provision Claim
A legal claim challenging a will on the basis of inadequate inheritance provision.
Financial Dispute Resolution (FDR)
A court process encouraging settlement in financial disputes related to divorce.
Force Majeure Clause
A contract term excusing performance due to unforeseen events like natural disasters.
Franchise Agreement
A legal contract allowing one party to operate a business under another's brand.
Garnishment
Seizing wages or assets to pay a debt.
Goodwill
The intangible value of a business.
Grant of Probate
A legal document authorizing an executor to manage a deceased person's estate.
Holographic Will
A handwritten, unwitnessed will.
Illiquid Asset
An asset that cannot be easily sold or converted into cash.
Implied Terms
Contract terms not expressly stated but legally inferred.
Independent Legal Advice Certificate
A document confirming a person has received independent legal guidance before signing an agreement.
Inheritance (Provision for Family and Dependants) Act 1975
UK law allowing claims against a will for reasonable financial provision.
Intellectual Property Assignment
The legal transfer of intellectual property rights from one party to another.
Joint Liability
Shared legal responsibility between parties.
Judicial Precedent
Case law guiding future decisions.
Keyman Insurance
An insurance policy covering financial losses caused by the death or illness of a key employee.
Lasting Power of Attorney (LPA)
A legal document appointing someone to make decisions if a person becomes incapacitated.
Letter of Intent
A document outlining preliminary terms before entering into a formal contract.
Liquidation Preference
A contractual right determining the order of payment in the event of company insolvency.
Maintenance Pending Suit
Financial support awarded to a spouse before a divorce is finalized.
Marital Property Agreement
A contract outlining how assets will be divided in marriage or upon divorce.
Maternity Leave Rights
Legal protections allowing mothers to take leave after childbirth.
Minority Shareholder Protection
Legal rights protecting minority shareholders from unfair treatment.
Mitigation of Loss
Taking steps to reduce damages in a claim.
Notice to Quit
A legal document ending a tenancy agreement.
Nuisance
An action that unlawfully interferes with another's enjoyment of property.
Offsetting
Balancing financial claims in divorce or business disputes.
Oral Agreement
A legally binding spoken contract.
Parole
Early release from prison under supervision.
Perpetuity
A restriction preventing indefinite property ownership.
Power of Attorney
A legal authority to act on another's behalf.
Prenuptial Agreement Enforcement
Legal criteria determining whether a prenup is binding in court.
Professional Indemnity Insurance
Insurance covering professionals against claims of negligence or misconduct.
Quasi-Contract
A legal concept enforcing fairness in agreements lacking formal contract elements.
Quiet Enjoyment
A tenant's right to use property without interference.
Registered Office Address
The official address where a company receives legal correspondence.
Restrictive Covenant
A clause limiting what a business or individual can do after an agreement ends.
Right to Work Check
A legal requirement ensuring an employee has permission to work in the UK.
Secured Loan
A loan backed by collateral, such as property or assets.
Shareholder Agreement
A contract setting out rights and obligations of company shareholders.
Statutory Redundancy Pay
A legally required compensation paid to employees losing their jobs due to redundancy.
Subrogation
A third party taking over legal rights.
Tenant's Rights
Legal protections granted to tenants in rental agreements.
Testator
A person making a will.
Tranche
An amount or proportion of a loan or investment to be paid at a specified stage.
Undue Influence
Excessive pressure that affects a person's decision-making in legal matters.
Vesting Period
The time required before an employee or shareholder gains full ownership rights.
Warranty
A guarantee in a contract.
Winding Up Petition
A legal request to dissolve a company due to unpaid debts.