Glossary

Certiorari

Glossary

Latin for “to be made more certain”. A writ of certiorari is a prerogative remedy or order issued by the court in judicial review proceedings, bringing up and quashing the decision of a lower court or tribunal, by reason of an error of law “on the face of the record” (ie readily apparent from the Continue reading

CFA

Glossary

Conditional Fee Agreement – also known as a “no win, no fee” agreement: a form of litigation funding whereby the fees charged by the claimant’s lawyers are only payable if the action succeeds. In some circumstances, these may be recoverable as costs from the losing party. Most solicitors entering into a CFA will also charge Continue reading

Commissioner for Oaths

Glossary

A qualified lawyer who can administer an oath, take an affidavit or attest a signature where this is required by the court or for a specific type of document. Administering oaths is a reserved legal activity, by virtue of Part 3 of the Legal Services Act 2007 (LSA), which means that only a qualified practising Continue reading

Common law marriage

Glossary

The mistaken belief that cohabiting couples enjoy legal rights similar to those who are formally married or in a civil partnership. They don’t. There is no such thing as a “common law” wife or husband or marriage, no matter how long a couple may “live together as man and wife” or however one wants to Continue reading

Conditional fee

Glossary

A conditional fee (sometimes called a contingent fee) arrangement is a fee for legal services in pursuing a claim which is only payable if and when the claim is successful and costs recovered. It is one of a number of ways in which an impecunious claimant, who cannot otherwise afford to pursue their case, can Continue reading

Conflicts of laws

Glossary

Where there is a dispute over whether a case should be litigated in one jurisdiction or another, there is said to be a conflict of laws. Continue reading

Consolidated Index

Glossary

A printed index and digest of case names, subject matter, and judicial considerations of other cases and legislation, published by ICLR in cumulative volumes of up to five or ten years coverage. See Products for purchasing details. Continue reading

Contempt of court

Glossary

Conduct that undermines or interferes with the administration of justice or which deliberately insults or breaches an order of a court. It is punishable, on “committal”, by imprisonment or a fine. The person who commits contempt is known as a “contemnor”. Examples of contempt of court include: Disobeying or ignoring a court order Taking photos Continue reading

Contra proferentem

Glossary

Latin maxim (“against who proffers”) expressing the rule that an ambiguous term in a contract should be construed in favour of the party against whom it is relied upon or asserted, rather than in favour of the person asserting or relying on it. Continue reading

Copyright

Glossary

Copyright is an intellectual property right relating to a creative work, which generally belongs to the creator (author) of that work, but which can be assigned to another person (the holder of the copyright). The types of creative work to which copyright can attach (or in which it can ‘subsist’) are defined in section 1 Continue reading