a short descriptive note of some terms commonly used by solicitors
Appellant The person who is appealing against an adverse decision of a court or tribunal.
CFA (Conditional Fee Agreement) or (No win, No fee) Mostly applicable to personal injury type claims where a solicitor agrees to take on the clients claim, on condition that if WON there is a percentage increase in the costs claimed from the loser, but if LOST the client does no pay the solicitors fees. Note the client is still liable to pay the disbursements and costs of the winner.
Claimant The person who in civil court or tribunal proceedings is making the claim (previously called the Plaintiff).
Conveyancing The process of transferring ownership of property from one person to another.
Defendant In court proceedings the person who is defending the claim or case against them.
Disbursements A term used by solicitors to refer to expenses or items they are required to pay out on a clients behalf. Includes such items as fees for court, medical reports, barristers, searches. Also includes telegraphic transfer fees and costs of travel to meetings/courts.
Environmental Search This is a search we recommend that purchasers of a property agree that we carryout. The cost is not large (under £50) and potentially provides information about the property and the locality which is not otherwise provided, it is not required for a HIP.
Freehold The description of ownership of land/property (free from any payments).
HIP (or Home Information pack) This a package of information required by law to be prepared on behalf of the seller of a property before the property can be placed on the market for sale. This provides general information about the property. It is not comprehensive and often requires to be accessed by viewing or downloading from the sellers agents web site. (IMPORTANT NOTE: we will not automatically provide a copy of the HIP to purchasers. Please ensure you have a copy. If you require us to download and print a copy for you we will charge a fee depending on the size of the document and time taken.)
Joint tenants Form of real property ownership where the survivor of joint owners receives all the property.
Land Registry A body charged with recording the transfer of all real property and appurtenant rights. Charges a fee based on the price paid with certain bands. A Land Registry Search is essential in all property transactions and the search fee is kept low.
Leasehold The ownership of property or assets which are subject to a payment of a ground rent, usually annually, the amount of which is set out in the lease document or the assessment process is established in the lease.
Petitioner In divorce cases the person or party who starts the divorce.
Private Where the costs of the matter have to be paid by the client, rather than from public funds such as legal aid.
Probate The process of proving a Will to allow the named executors the authority to execute the deceased persons estate. Also commonly used to mean the method of obtaining entitlement to administer the estate of a person who has died without leaving a valid will (letters of administration).
Public funding Where the costs of the matter proceeding are covered by the legal services commission or its equivalent. The costs are initially to be met from public funding, however in many instances the client has to repay the costs from any assets or money recovered OR in Crown Court criminal proceedings from a convicted defendant under a defendants Recovery of Costs Order.
Recovery of Costs Order This is an order made in the Crown Court whereby the court assesses the amount that a defendant who has been convicted of a criminal offence should contribute to the costs of their defence.
Respondent In Divorce cases and some appeals the person defending the claim/appeal
Stamp Duty A government levy/tax which is charged at specified rates on the consideration /price paid for the transfer of a real property.
Tenants in Common Form of real property ownership where each joint owner owns a share in the property, assumed equally unless agreed otherwise.