Glossary
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The body of facts or information available to show that something is the case.
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Sum of money paid where there is no obligation or liability to pay it.
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The formal exchanging of the two parts of the contract when the seller and buyer become legally bound to complete on an agreed date and, in the case of the seller, to move out of the property.
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A will which has been signed, dated and witnessed correctly.
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The people you choose to follow the instructions in your will and administer your estate.
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The family section of the Magistrates Court where family cases are heard by a bench of Magistrates supported by a Legal Adviser.
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Document devised by the Department of Health and Social Care, to be completed by a clinician who considers that a patient has a rapidly deteriorating condition, which is entering a terminal phase. It is intended to commence a streamlined process for assessing individuals who are in urgent need of NHS Continuing Healthcare, bypassing multi-disciplinary assessment and the completion of a Decision Support Tool.
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An accident causing the death of one or more of those involved.
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A Financial Dispute Resolution hearing relates to finances and is one where both parties are encouraged by the court to come to an agreement. FDRs can also take place privately outside of the court system.
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The Final Order following pronouncement of your Conditional Order on divorce which means are you free to marry or enter into a new civil partnership.
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Can be sorted out by agreement, or by Order of the Court upon application, but will not automatically be dealt with by the court as part of the divorce process.
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Financial proceedings relating to property, money and pensions within divorce, civil partnership dissolution or Judicial separation.
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The terms of agreement in relation to the finances between spouses or civil partners usually following a divorce or dissolution.
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A hearing when the court decides whether or not certain facts are proven on the balance of probabilities e.g. whether or not domestic violence has occurred.
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A standard form where the seller sets out all those items in the property which they have agreed to leave as part of the sale price and which is attached to the contract.
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A fixed-term contract is one which either:
- lasts for a specified time, set in advance;
- ends with the completion of a specified task;
- ends when a specified event does or does not take place.
Unless there are special circumstances that can be justified, fixed-term employees must be treated in the same way as comparable permanent employees.
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This arises when part of one property is built on top of part of another, and so the upper property owner does not own the building or land underneath the “flying” part.
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A lengthy pre-printed form which you may have to complete if there are financial proceedings or used voluntarily as part of the financial disclosure process.
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A layman’s term for an Injunction Order made pursuant to S37 Matrimonial Causes Act 1973. It will stop a party from disposing of money or assets pending a final decision being made by the court about distribution of that money or assets.
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A contribution to the cost of nursing care provided in a nursing home, paid by the NHS. This is applicable to individuals who require nursing care but may not meet the full criteria for NHS Continuing Healthcare.
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This term is normally used to refer to the method by which a solicitor’s costs are to be paid. For example, funding by a conditional fee agreement or by legal expenses insurance.
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Claims for damages are normally calculated in relation to those losses and expenses that occurred up to the time of the settlement of the claim or trial, and those that will occur after that date. The latter losses and expenses are referred to as the future loss. This may typically include claims for future loss of income and the cost of future care and accommodation.
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Future loss of earnings are often included in a claimant’s schedule of loss if their claim includes dismissal.
Although there is nothing preventing a claimant from claiming one year’s loss of earnings, tribunals often limit future losses to a maximum of six months future loss of earnings and in any event, the claimant must always show that they have made efforts to mitigate their losses by trying to find alternative employment.
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Garden leave is the term given to a situation whereby an employee is required to serve out a period of notice at home.
During this period the employee continues to receive all salary and benefits but is prohibited from commencing employment with new employers until the gardening leave period has expired.