Glossary

Tomlin order

Glossary

A court order staying proceedings by consent of the litigating parties, the detailed terms of whose agreement are set out in a separate schedule. So called after Mr Justice Tomlin, who first proposed such an order in the case of Dashwood v Dashwood [1927] WN 276 and subsequently issued a Practice Note (Consent order) [1927] Continue reading

Trade mark

Glossary

A trade mark is a graphically represented sign by which goods or services from one enterprise may be distinguished from those of others. Once registered, a trade mark confers on the owner a right to protect the mark and prevent its use without permission. Trade mark infringement is the unauthorised use of a mark registered Continue reading

Trust

Glossary

A legal device for the transfer to or ownership of property by a legal owner (the trustee) who holds it for the benefit of another person, the beneficiary. A trust may be set up to enable the property to be given to or held on their behalf by a minor or someone lacking capacity or Continue reading

UCP 600 (Uniform Customs & Practice for Documentary Credits)

Glossary

The Uniform Customs & Practice for Documentary Credits (UCP 600) is a set of rules agreed by the International Chamber of Commerce, which apply to finance institutions which issue Letters of Credit – financial instruments helping companies finance trade. Many banks and lenders are subject to this regulation, which aims to standardise international trade, reduce Continue reading

Ultra vires

Glossary

Latin expression meaning “beyond the powers”, generally referring to a decision made in excess of the powers conferred on, or without the authority given to, the decision-maker. A decision made ultra vires is invalid and can be quashed by order of the court in judicial review proceedings. Continue reading

Undue influence

Glossary

Undue influence applies where one individual (B) uses unfair pressure to persuade another person (A) to enter into a transaction (perhaps a mortgage, a loan or agreement for sale of property) which is disadvantageous to A. If that happens A can ask the court to set aside the transaction. There a three main areas of Continue reading

Verdict

Glossary

The decision of a court, or of a jury in a court, determining the outcome of a case. In the criminal courts of England and Wales, and in most other common law jurisdictions, a verdict is either “guilty” or “not guilty”. In Scotland, uniquely, a criminal trial may result in one of three different verdicts: Continue reading

Wasted costs

Glossary

Wasted costs are litigation costs which must be paid personally by a lawyer (solicitor or barrister) where a judge considers that that lawyer has wasted another parties’ or the lawyer’s own client’s costs. Though in practice it will normally be paid by the lawyers’ insurers, it amounts to a penalty imposed by the court to Continue reading

Will

Glossary

Usually described as a person’s Last Will and Testament, the written expression of a how a person (the testator) would like their property to be distributed or disposed of after their death. A will needs to be admitted to probate, ie proved to be genuine and effective, under a court-supervised process. Only once probate is Continue reading

Without prejudice privilege

Glossary

Without prejudice privilege, sometimes described as the “without prejudice” rule, is a type of privilege relating to the conduct of litigation which is designed to protect the communications made between parties with a view to settling the dispute and avoiding the need for court proceedings. The privilege prevents those communications from being shown to the Continue reading