Criminal Law
Summary Offence
A summary offence is a minor criminal offence that is tried in a Magistrates’ Court before a Judge alone or two or three Magistrates.
Indictable Offence
Indictable (the ‘c’ is silent) offences are serious criminal offences such as murder, wounding with intent, and rape. These offences must be tried in the Crown Court before a Judge and Jury.
Indictment
An official document created by the authorities that outlines the charges against the Defendant. This document is presented to the Court at the start of a trial.
Barrister
A Barrister is a lawyer who specialises in courtroom advocacy and litigation. They can be instructed directly by a client or by a client’s Solicitor.
King’s Counsel (KC or Silk)
A senior Barrister or Solicitor who has practised for at least ten years. A King’s Counsel is appointed by the King to be one of ‘His Majesty’s Counsel learned in the law’. More information can be found here.
Magistrates’ Courts
Magistrates’ Courts are one of the lower courts in England and Wales. Almost all criminal cases start in the Magistrates’ Court and 95% are concluded there. A Magistrates’ Court deals with summary offences and either way offences (summary or indictable) if the Defendant opts to be tried in the Magistrates’ Court rather than the Crown Court.
Crown Court
The Crown Court handles serious criminal cases and sits above the Magistrates’ Court. It deals with:
- Cases sent for trial by the Magistrates’ Courts because the offences are indictable only (i.e., those which can only be heard by the Crown Court).
- Either way offences if the Defendant opts for a jury trial.
- Defendants convicted in the Magistrates’ Court who are sent to the Crown Court for sentencing due to the serious nature of the offence.
- Appeals against decisions made in the Magistrates’ Courts.
Common Law
Law derived from court cases and precedent rather than legislation enacted by Parliament.
Legislation
Law made by Parliament.
Family Law
Habitual Residence
The country where your daily life takes place, i.e., where you work, your children go to school, your pets live, etc.
Domicile
The country that is your permanent home. You automatically acquire domicile in your country of birth, but if you move permanently to another country, your domicile can change.
Wills, Trusts, and Estate Planning
Probate
The process of administering the estate of someone who has died. It involves locating and examining their Will, paying off any debts, and distributing the deceased’s property and assets.
Conveyancing
Leasehold
As a leaseholder, you own the property but not the land it is built on – that is owned by the freeholder. Ownership of the property is for a set period, which can be several years, decades, or even centuries, depending on the lease length.
Freehold
The owner of a freehold property owns both the property and the land it stands on, for an unlimited period.
Buy to Let
A residential property purchased to be rented out to tenants.
Commercial Property
Dilapidations
Refers to the maintenance and repairs required at the end of a commercial tenancy.
Forfeiture
When a landlord seeks to repossess their property due to the tenant breaching one or more covenants in the tenancy agreement, typically by not paying rent.