Glossary

Catchwords

Glossary

Also known as Keywords. Descriptive words or phrases used to categorise the subject matter of a case for indexing purposes. Usually presented at the top of the report in the form of a main, second and third heading, which may be followed by additional words or phrases, separated by dashes, describing the critical issues in Continue reading

Caveat emptor

Glossary

Latin maxim, meaning “let the buyer beware”. It refers to the idea that the onus is on the purchaser to check the quality of the goods or property which are the subject of a sale transaction, not on the seller to volunteer information. On its own, the word “caveat” refers to a warning or exception. Continue reading

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

Cestui que trust

Glossary

Another word for a beneficiary of a trust: the person entitled to an equitable, as opposed to a legal, ownership of trust assets. The full law French description is cestui a que use le feoffment fuit fait. Alternative short forms are cestui que use or cestui que vie. 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