Areas of Law

Legal glossary providing simplified explanations to the many areas of law.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A

ADMINISTRATIVE AND PUBLIC LAW

Administrative and Public Law is made up of two separate laws. Public law is the set of legal principles which govern the exercise of power by public bodies. Administrative law is one of the three basic areas of public law dealing with the relationship between government and its citizens, the other two being Constitutional Law and Criminal Law.

ADVOCACY

Advocacy is speaking and/or acting on behalf of people to secure the services they need and the rights to which they are entitled. Advocacy aims to ensure that people's opinions, wishes or needs are expressed and listened to.

AGRICULTURE AND AGRICULTURAL PROPERTY LAW

Agriculture and Agricultural Property Law deals with all aspects of rural land ownership relating to agriculture, farms and farming, including agricultural leases, farm tenancies, farm land sales and purchases, agricultural holdings and quotas and agricultural environmental schemes.

ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution (ADR) refers to systems such as arbitration and mediation which are designed to allow parties to find a resolution to their problem without legal action.

ASBESTOS INJURY CLAIMS

Asbestos injury claims relates to ill health claims as a result of working with / exposure to asbestos. As many as 1 in 100 men over the age of 40 in the UK will develop a malignant asbestos related disease, as well as an increasing number of women. The most prevalent asbestos related disease is benign pleural disease, however. other related asbestos claims include mesothelioma, lung cancer, asbestosis, pleural thickening and pleural plaques. (more…)

AVIATION LAW

Aviation law relates to the finance, administration and licensing of aircraft; aerodromes and land; and carriage by air.

B

BANKING AND FINANCE LAW

Banking and financial law covers numerous areas relating to financial institutions, in particular, the relationship between banker and customer; payment and collection of cheques and the protection and duties of the banks involved. This area also covers lending and securities, and guarantees. Although mortgages are covered, mortgage law also forms an important part of property law. Banking and financial law also includes the regulation of banks, other financial institutions and financial services and operation of financial markets and exchanges.

 

BOUNDARY DISPUTES

If a dispute arises between neighbours about the boundary between their properties.

BREACH OF CONTRACT

Any breach of contract gives rise to a cause of action; not every breach gives a discharge from liability. This will depend whether the term breached is a condition or a warranty or whether there has been repudiatory breach.

BUILDING DISPUTES – COMPANY

Disputes which arise concerning quality of work, timing and exact specifications. Whether it be on smaller individual matters or on larger corporate building contracts.

BUILDING DISPUTES – INDIVIDUALS

Disputes which arise concerning quality of work, timing and exact specifications. Whether it be on smaller individual matters or on larger corporate building contracts.

BUSINESS LAW

Business Law is the general field of law relating to business organizations, business structures, and business transactions.

BUSINESS SALE AND PURCHASE

Business law is the general field of law relating to business organizations, business structures, and business transactions.

C

CASE LAW

Case Law is the interpretation placed on statute law by the Judiciary. Such decisions and interpretations generally remain binding in law until over turned by a higher court.

CHARITY LAW

Charity law (England & Wales) covers the rules relating to the setting up and operation of charities, which are bodies run for the public benefit. The Charities Act 2006 aims to support a dynamic and vibrant sector, ensuring that it continues to enjoy high levels of public confidence. (more…)

CHARITY LAW – SCOTLAND

The Charities and Trustee Investment (Scotland) Act 2005 received Royal Assent on 14 July 2005. The Scottish Government is currently working on implementation of the Act. The Act established the Office of the Scottish Charity Regulator (OSCR) as an independent body to award charitable status and regulate all charities in Scotland. The Office of the Scottish Charity Regulator (OSCR) aims are to:
  • increase public confidence in charities through effective regulation
  • increase transparency and public accountability of charities
  • increase charity trustees' awareness of their statutory responsibilities
  • establish and maintain OSCR as a trusted, effective and innovative regulator
  • reduce the burden of regulation on charities wherever possible, with particular emphasis on reducing multiple reporting.

CHILDREN LAW

Children Law (or Child Law) is a general term to describe the law which has been created to ensure the protection and welfare of children.

Children are protected by a number of laws to ensure that their welfare is the first priority. Apart from basic human rights and the right to an education, children must be supported in the event of situations including divorce, parental separation, bereavement and abuse. Similarly parents have rights for issues such as custody and domestic violence and responsibilities to ensure that their children are guided against crime and antisocial behaviour.

CIVIL LAW

Civil Law refers to the area of law which deals with disputes between two parties, which may be solely between individuals, or between individuals and organisations, where compensation may be awarded to the victim.

For example, a case where the victim of a road traffic accident is claiming against the other driver for injuries sustained, would be classed as a civil law case.

CIVIL LIBERTIES & HUMAN RIGHTS

Civil liberties and human rights is not a distinct area of law - legally enforceable rights and responsibilities underpin the legal system. The Human Rights Act came into force on 2 October 2000, giving effect to the European Convention for the Protection of Human Rights and Fundamental Freedoms in UK law. Convention rights affect ordinary people - in every area of public and private rights.

CIVIL LITIGATION

Civil litigation is a process for resolving public and private legal disputes on civil matters through negotiation or through the courts. In 1999, new rules (the Civil Procedure Rules) were introduced in order to improve access to justice.

CLINICAL NEGLIGENCE LAW

Clinical Negligence Law (formally referred to as Medical Negligence) covers help with claims for damages against all types of public and private medical practitioner. This includes treatment from doctors, nurses and dentists.
In order for negligence to be proven the patient must show that the doctor (or other medical professional):
 • owed a duty of care to the patient
 • was negligent in his management
 • that they suffered harm as a result

COHABITEE PROBLEMS

Cohabitee problems will often be dealt with by a solicitor who specialises in Family Law. Further advice on this subject can be obtained from Advicenow.

 

COLLABORATIVE LAW

Collaborative Law is a method of dealing with family disputes. Lawyers are still appointed by each party, but instead of negotiations taking place by letter, they are dealt with face to face, in the company of the Lawyers. The aim of Collaborative Law is to resolve family disputes without having to go to court.

COMMERCIAL LAW

Commercial law covers the wide range of legal issues affecting businesses from company law to employment law, from tax law to health and safety.

COMMERCIAL LITIGATION

Commercial litigation refers to a the use or threat of court proceedings by one business against another in relation to a dispute. The dispute may arise due to matters  such as corporate governance, banking transactions, mergers and acquisitions. The dispute usually involves money or other property.

COMMERCIAL PROPERTY

Commercial conveyancing is the process by which interests in commercial property are created and transferred. Many issues affecting commercial conveyancing also affect residential conveyancing.

COMMON LAW

Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals, rather than through legislative statutes or executive action.

In relationships, it is also believed that when a couple have lived together for a couple of years they become 'common law husband and wife', and that they have the same rights as a married couple. This is not the case and there is no such thing as a 'common law marriage'.

Same sex partners can register for a civil partnership under the civil partnerships act 2004.

Further advice on the legal position of married and unmarried couples can be obtained from Advicenow.

COMPANY LAW

Company law provides the legal framework within which businesses operate.

COMPETITION LAW

Competition law provides a legal framework to make sure that businesses compete on a level footing, for the benefit of consumers. Competition law outlaws agreements, business practices and conduct that damage competition in the United Kingdom.

COMPUTER AND IT LAW

Computer users have to obey the law, just like anybody else. Since computers are capable of giving great power to their users, a number of laws apply specifically to them.

CONSTITUTIONAL LAW

Constitutional Law is the area of law which controls how various branches of a government interact, the relationship between the government and the people, and how the government may carry out its general affairs.

Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations.

CONSTRUCTION LAW

Construction law is an area of law that governs the building of properties. It includes health and safety, dispute resolution and construction contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, architects, builders, engineers, construction workers and planners.

CONSUMER LAW

Consumer Law is based around the Consumer Credit Act 1974 and enables consumers who purchase goods or services to enforce their rights through negotiation or through the courts.

CONTRACT LAW

A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept). Breach of contract is recognised by the law and remedies can be provided. ...

CONVEYANCING

Conveyancing is the legal process whereby a property title is transferred from one person to another, usually the seller to the buyer (vendor to the purchaser). See Conveyancing for more information.

CORPORATE FINANCE

Corporate finance is a division of law which involves investment banking, corporate finance, private equity, securities and investments.

CRIMINAL LAW

Criminal law relates to the prosecution of people for committing crimes ie unlawful acts against the public. Individuals are generally prosecuted by the state or local government body. Criminal law covers all aspects of the substance of criminal offences, criminal procedure and sentencing.

D

DEBT RECOVERY

The process of recovery of a specific sum of money owing to one person from another.

DEFAMATION

In law, defamation (also called vilification, slander, and libel) is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation.

DISABILITY

This covers disability discrimination, community care law, and the operation of the Special Educational Needs Tribunal.

DISCRIMINATION LAW

Discrimination Law governs the right of individuals not be treated less favourably than others on grounds that include sex, race and disability. It also deals with the duty of public bodies to promote equality.

DISPUTE RESOLUTION

The process of resolving disputes between parties.

DIVORCE LAW

  Divorce in England & Wales is currently granted on the basis of the irretrievable breakdown of marriage. The Family Law Act 1996 which was passed by Parliament would have amended the law in quite significant ways but it now appears that many of its provisions may never be brought into effect. There are currently five so-called "grounds" which can be relied upon as evidence of irretrievable breakdown:
  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years' separation with consent
  • Five years' separation without consent
            

 

 

 

E

EDUCATION LAW

Law relating to schools and colleges.Education Law covers children and adults, admissions and exclusions. Independent appeal panels, parental complaints, accidents at school and pupil misbehaviour. The employment of staff, discipline and grievances, land and property, governors and caretakers, admissions and exclusions, safeguarding children (child protection) and violence at school.

EMPLOYMENT LAW

This covers the whole of the employment relationship including questions of unfair dismissal, discrimination in the work place, trade unions, strikes, redundancy, maternity rights, paternity rights, unlawful deductions from wages and equal pay.

ENERGY AND NATURAL RESOURCES LAW

Often comes under the umbrella of Environmental Law. Energy and Natural Resources Law includes topics such as legislation and licensing regimes, renewable and waste to energy projects, energy market issues, infrastructure development (particularly waste), and energy and emissions trading.

ENVIRONMENTAL LAW

This covers all aspects of public nuisance and protection of the environment. In particular, this covers issues regarding pollution of rivers, streams, the air and land which interfere with the health and safety of the public at large. This would also cover environmental health issues such as hygiene at restaurants.

EQUINE LAW

Equine laws are written specifically to address liability concerns around horses including horse-related activities, horse businesses, horse organisations, and horse facilities.

EU

European community law is an integral part of the law of England and Wales. It can be relied on by, and enforced against, private individuals, small and large businesses, and governments and other public bodies. European law goes hand in hand with English and Welsh law in many different situations, such as employment rules, commercial activity, consumer rights, and protection of the environment. It has influenced the way in which law has developed and been applied within the United Kingdom, and has the ability to override aspects of national law.

F

FAMILY LAW

Family law includes matrimonial cases such as divorce and financial division of assets on divorce, adoption, fostering and local authority care, rights of the absent parent to have contact with children, questions of who a child should live with, parental responsibility and parental rights, non-molestation orders/injunctions, occupation orders/injunctions. Family law also covers questions arising out of a civil partnership. Solicitors who specialise in Family Law may also be qualified to provide legal advice about maternity and paternity rights.

FIDUCIARY SERVICES

A Fiduciary is an individual in whom another has placed paramount trust and confidence to manage and protect property or money. The relationship in which one person has an obligation to act for another's benefit. Fiduciary Services may be provided by an individual such as a guardian to minors, or a corporation such as a bank, who for example may act as an administrator of estates.

FINANCE LAW

Financial services law provides the legal framework for the financial services industry and governs the raising of finance from the public by companies.

G

GOVERNMENT AND JUDICIAL REVIEW LAW

Challenge to decisions of government or other administrative bodies such as local education authorities with a view to requiring that body to reconsider its decision and/or be required to carry out some action, or be prohibited from some action.

H

HEALTH AND SAFETY

The basis of UK health and safety law is the Health and Safety at Work Act 1974. This sets out the general principles of health and safety compliance and is supplemented by various Regulations, some of which apply to all industries and some of which apply to specific industries, types of premises or specific health and safety issues.

HUMAN RIGHTS

The Human Rights Act 1998 gives legal effect in the UK (excludes Isle of Man and Channel Islands) to the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights not only affect matters of life and death like freedom from torture and killing but also affect your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements. The rights are not absolute – governments have the power to limit or control them in times of severe need or emergency. You also have the responsibility to respect the rights of other people – and not exercise yours in a way which is likely to stop them from being able to exercise theirs.
Your human rights are:
  • the right to life
  • freedom from torture and degraded treatment
  • freedom from slavery and forced labour
  • the right to liberty
  • the right to a fair trial
  • the right not to be punished for something that wasn't a crime when you did it
  • the right to respect for private and family life
  • freedom of thought, conscience and religion
  • freedom of expression
  • freedom of assembly and association
  • the right to marry or form a civil partnership and start a family
  • the right not to be discriminated against in respect of these rights and freedoms
  • the right to own property
  • the right to an education
  • the right to participate in free elections
If any of these rights and freedoms are abused you have a right to an effective solution in law, even if the abuse was by someone in authority, for example, a policeman.

Exercising your Human Rights

See if the problem can be resolved without going to court
If you are in a situation in which you believe that your human rights are being violated, it's advisable to see if the problem can be resolved without going to court by using mediation or an internal complaints body. Where you believe your rights have not been respected and you cannot resolve the problem outside court, you are entitled to bring a case before the appropriate court or tribunal in the UK. The court or tribunal will then consider your case.

Seeking Legal Advice

Before you decide to take any legal action is important that you seek legal advice. The Citizens Advice Bureau may be able to help you and Community Legal Advice can put you in touch with advice providers in your area. There are also a number of Law Centres around the UK, which can offer you advice and help on a range of issues. HMCS (Her Majesty's Courts Service) provides a leaflet, 'The Human Rights Act 1998 – Information for Court Users', which provides information on how to issue a claim for monies owed or damages under the Human Rights Act. It also sets out some important things to consider before making such an application.

I

IMMIGRATION

Immigration law deals with the rights of non-EU nationals to enter and remain in the UK. They may wish to do this for a variety of reasons ranging from business needs to family visits, or to claim asylum.

INSOLVENCY AND BANKRUPTCY

Insolvency and bankruptcy laws govern the position of businesses and individuals who are in financial difficulties and cannot meet their outstanding commitments.

INSURANCE

This is the law which covers the contract between the insurer and the insured and in particular the formation of the contract, full disclosure of facts, extent of cover and construction of the insurance policy and whether or not the contract might be avoided for any reason and whether the damage complained of was caused by an insured risk. Other issues include reinsurance (the passing of risk by an insurance company to a second insurance company for a fee)

INTELLECTUAL PROPERTY

This covers patents, trade marks, copyright, passing off, registered and unregistered design rights, moral rights, and confidentiality of industrial information. It protects intangible rights related to the expression of ideas.

INTERNATIONAL LAW – NON EU

International law, or more precisely public international law, is the law governing the relationship between states and emanations of the state (such as state-owned companies). A related area of international law is international human rights law, which deals mainly with the protection of an individual's rights against violations by state actors.

INTERNATIONAL PROPERTY LAW

International Property Law covers all aspects of buying and selling property overseas such as:

• examination of contracts and legal documents
• conveyancing service
• tax planning including capital gains tax
• issues such as transfer of funds and life and property insurance
• obtaining certificates of law which may be required for the country in question

INTESTACY LAW

Intestacy is the condition of a persons estate who dies owning property greater than the sum of thier enforcable debts plus funeral costs, without having made a will. Intestacy Law is the body of Law that detrmines who is entitled to the property from the estate under the rules of inheritance.

IT AND TELECOMMUNICATIONS

See Computers & IT

L

LAND LAW

Please see Land, Property & Real Estate

LAND, PROPERTY AND REAL ESTATE

The main practice areas in this field are Real Estate and Property Law, however is is an area often referred to as 'Land, Property & Real Estate'. Real Estate (and Real Property as is often the term used) encompasses land and anything permanently fixed to it, such as property that is fixed within its location.
It also consists of the interests and rights that are legally considered attached to the real property, which include certain rights to the air above the land, to drill in the ground beneath it, rights to live on the property for a specific timeframe or to acquire the real property in the future to name but a few. 

 

LANDLORD AND TENANT – COMMERCIAL

This includes all aspects of commercial leases. Commercial landlord and tenant law covers the creation of commercial leases and the resolution of any disputes which may arise during the term such as rent arrears or disrepair problems. In addition, commercial landlord and tenant law will determine whether or not a tenant is liable for dilapidations at the end of the term; whether a business tenant can obtain a new lease at the end of his term and the liability of the landlord to compensate the tenant for any improvements that he may have made

LANDLORD AND TENANT – RESIDENTIAL

All aspects relating to housing needs and the relationship between a tenant and the landlord of his home. This covers matters such as liability for disrepair; recovery of rent arrears; security of tenure i.e. whether the tenant can remain in the property after the term of the tenancy has expired; recovery of possession of the property; rights to manage and disputes about service charges. Landlord and Tenant also includes questions regarding commonhold and cases where long leaseholders wish to purchase the freehold of the property in which they live or extend their lease (leasehold enfranchisement). Housing law also covers the rights of local authorities in certain circumstances to obtain injunctions removing persons from their property or the provision of temporary accommodation for homeless persons.

LEASES

All aspects relating to housing needs and the relationship between a tenant and the landlord of his home. This covers matters such as liability for disrepair; recovery of rent arrears; security of tenure i.e. whether the tenant can remain in the property after the term of the tenancy has expired; recovery of possession of the property; rights to manage and disputes about service charges. Landlord and Tenant also includes questions regarding commonhold and cases where long leaseholders wish to purchase the freehold of the property in which they live or extend their lease (leasehold enfranchisement). Housing law also covers the rights of local authorities in certain circumstances to obtain injunctions removing persons from their property or the provision of temporary accommodation for homeless persons.

LETTING PROPERTY

Please see Landlord & Tenant

LIBEL AND SLANDER

A dispute which relates to the publication of a statement either in writing or spoken which tends to lower a person in the estimation of right thinking members of society. There are defences to a claim of libel on the ground of justification, privilege or truth or fair comment.

LICENCING AND GAMBLING

This encompasses licensing of sale of alcohol for consumption both on and off premises and gambling, betting and taxi licences and any issues arising out of these matters such as the granting, limiting, transferring or withdrawal of licenses in any of these areas.

LITIGATION

Litigation is a legal proceeding in a court; a judicial contest to determine and enforce legal rights.

M

MARINE LAW (MARITIME LAW)

Marine Law, also known as Maritime Law, is the branch of law that deals with territorial and international waters, with shipping or with ocean fishery regulations.

MARTIAL LAW

Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice.

MATERNITY RIGHTS

This is a vast subject and there is a lot of legislation surrounding it. To seek further advice on maternity rights employees and self employed individuals can visit Direct.gov. Employers can get additional information from Business Link.

If in doubt, it is strongly advisable to seek legal advice from a solicitor. Solicitors who specialise in Employment Law will in most cases be able to offer legal advice on your maternity rights.

MATRIMONIAL RIGHTS

Matrimonial problems will often be dealt with by a solicitor who specialises in Family Law. Further advice on this subject can be obtained from Advicenow.

 

MEDIA AND ENTERTAINMENT

This includes a range of matters from sport, television, film and newspapers. Media law includes contractual disputes and issues regarding defamation (libel and slander) breach of confidence and privacy and contempt of court. In addition, sports law includes defence of sportsmen before disciplinary bodies.

MEDIATION

Civil, commercial and family mediation is a way of solving problems without going to court in which an impartial third party, the mediator, helps find a mutually acceptable resolution. If mediation fails, court proceedings can be initiated.

MEDICAL NEGLIGENCE

Medical negligence is a medical professional’s failure to exercise reasonable medical judgment. Medical Negligence is now referred to as Clinical Negligence.

MENTAL HEALTH AND INCAPACITY LAW

Mental health and incapacity law concerns the operation of law as it affects those who suffer mental illness or lack capacity due to disability. It includes the law relating to older people. The law is applied through Mental Health Tribunals, Public Guardianship Office and the Court of Protection.

MERCANTILE LAW

Mercantile Law is the branch of law which relates to commercial transactions.

MERGERS AND ACQUISITIONS

A merger is a combination of two companies to form a new company, while an acquisition is the purchase of one company by another.

A merger occurs when one firm assumes all the assets and all the liabilities of another. The acquiring firm retains its identity, while the acquired firm ceases to exist.

MILITARY LAW

Military law, also referred to as military justice, is a distinct legal system to which members of armed forces are subject. Military law deals with issues such as; procedures for military discipline, what is or what is not a lawful command, and obligations for service personnel.
The Armed Forces Act 2006 encompasses Military Law and discipline across all three UK services (Army, Royal Air Force, Royal Navy) so that all personnel are subject to the same system wherever in the world they are serving. All members are the Armed Forces are also subject to the criminal law of England wherever they are serving, and have a duty to uphold it. In that respect they are no different from other citizens, and all civil offences have been fully incorporated within The Armed Forces Act 2006. When deployed on operations sevice personnel are aslo subject to international law including the laws of armed conflict and rules of engagement.

MOTORING LAW

A number of road related offences come under this category, including driver licencing, buying & selling a vehicle, learner & new drivers, owning a vehicle, speeding & drink driving.

In more detail, some of the more serious motoring offences are:

Dangerous Driving: A person who drives a vehicle dangerously

Causing death by dangerous driving: Formerley referred to as reckless driving and causing death by reckless driving.

Careless or inconsiderate driving: Driving a vehicle without due care and attention.

Driving while unfit: Driving a vehicle while unfit - for example, unfit after taking drugs, or whilst suffering from a medical condition which prevents you from being able to drive.

Driving with excess alcohol: Where the proportion of alcohol in the drivers body exceeds the legal limit.

N

NEGLIGENCE, NUISANCE AND OTHER TORTS

This is a broad category which covers all civil wrongs (“torts”).Negligence is where one person’s careless acts have caused another person to suffer loss and damage. A typical example of a simple negligence case is a road traffic accident where it is alleged that a driver failed to drive with reasonable care and skill which caused the accident. Specialist forms of negligence such as professional negligence which includes medical negligence, solicitors negligence, negligence by surveyors, architects etc is covered under “professional negligence”.

NEIGHBOUR DISPUTES

Covers a vast area, most commonly advice on dealing with common problems with neighbours including anti-social behaviour and boundary disputes

NO WIN NO FEE

If you enter into a No Win No Fee agreement, your solicitor will take on your case aware of the fact that if you lose, they will not get paid. However, there is more to the costs than just your solicitors fees. If you do lose your case, you may still have to pay the legal costs of the person/body you are claiming against, and in some cases their disbursements, which are other expenses, such as fees for expert witnesses.

It is strongly advisable to purchase insurance to cover such legal costs should you lose your case. Your solicitor can arrange this on your behalf at the start of your claim. If your solicitor is unable to find a suitable insurer, they will advise you of this and how this may affect your claim. 

If you win your case, you will need to pay your solicitor's fees and also your disbursements. However, you should be able to get all, or the majority of these fees paid by your opponent.

Some solicitors also charge a success fee. This is to compensate your solicitor should you lose your case, or if you win, this fee may cover the period of time from the start of your claim to winning your case.

The amount of the success fee can vary. It can be determined by your type of case, and your chances of winning. In some cases the maximum success fee will be a percentage of your solicitors normal fee, whereas in other cases which are more complex, or if there is a trial, then a larger fixed fee may apply.

If you win, the court will usually order your opponents to pay most (or sometimes all) of your solicitor's fees and disbursements (including the insurance premium). Any additional fees or costs incurred, including the success fee, which are not covered by the courts order, will have to come out of the compensation you are awarded.

O

OVERSEAS PROPERTY

Firms specialise in International Property Law and can assist is all areas of overseas conveyancing

P

PARTNERSHIPS IN BUSINESS

A partnership is a group of two or more people who have formed an association to carry on business with a view to a profit. Partnership law covers issues as to the formation of partnerships, disputes between partners, retirement of partners and dissolution of partnerships.

PATERNITY RIGHTS

Paternity is the legal term which describes the relationship between a father and his child.

Paternity Rights may be included in aspects of Family Law and also Employment Law.

Further information on Paternity Rights can be found at Direct.Gov.

PENSIONS LAW

Pensions law includes the creation, administration, management, operation and dissolution of private and occupational pension funds. It does not include issues which may arise regarding the state pension, which would be covered by Social Security and Welfare Law.

PERSONAL INJURY

This includes cases where individuals have been injured as the result of the negligence or with the fault of another person, whether in a road traffic accident, by tripping at work or on the highway or otherwise.

PLANNING LAW

Planning law regulates conservation, development and redevelopment and the use of land in general. In particular, planning issues include: compulsory purchase of land, planning appeals,  public inquiries, control of waste and enforcement of planning restrictions.

PRENUPTIAL AGREEMENTS

A Prenuptial Agreement, also known as a premarital agreement, is an agreement entered into before marriage and signed by both parties. It sets out each party's rights and responsibilities should the marriage come to an end by death or divorce. 

Solicitors who specialise in family law should be able to assist with prenuptial agreements.

PROFESSIONAL NEGLIGENCE

Professional negligence disputes relate to a claim that a professional has not acted with reasonable care and skill with the result that a person has been caused loss. Professional negligence claims are usually made against solicitors, barristers, architects, surveyors, engineers accountants, estate agents, financial advisers, actuaries, doctors and dentists.

PROPERTY INVESTMENT

Land and property law encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: mortgage arrears and repossessions; boundary disputes; creation, user and obstruction of rights of way; right to light; rights of occupation; water rights; common land and restrictive covenants.

PROPERTY LAW

Property Law is the area of law that governs the various form of ownership in property, such as personal property and real property/real estate. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property.

PROPERTY LITIGATION

Land and property law encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: mortgage arrears and repossessions; boundary disputes; creation, user and obstruction of rights of way; right to light; rights of occupation; water rights; common land and restrictive covenants.

PROPERTY SALES AND PURCHASES

The official term for property sales and purchases is conveyancing. Please see CONVEYANCING.

PROPERTY TRANSFERS

Land and property law encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: mortgage arrears and repossessions; boundary disputes; creation, user and obstruction of rights of way; right to light; rights of occupation; water rights; common land and restrictive covenants.

PUBLIC INQUIRIES

A public inquiry is an official review of events or actions ordered by a country's, state's, or province's government. A public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more public forum and focuses on a more specific occurrence. Interested members of the public and organisations may not only make (written) evidential submissions as is the case with most inquiries, but also listen to oral evidence given by other parties.

R

REAL ESTATE

Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. Also referred to as Real Property.

REGULATORY AND DISCIPLINARY LAW

This area covers the work of regulatory bodies (such as the Financial Services Authority and Solicitors Regulation Authority) now found in most areas in which a service is being provided to the public. These bodies oversee the work of professionals and other such service providers, aiming to ensure that they comply with uniform standards of competence and integrity.

S

SHARIA LAW

Sharia Law is the code of law derived from the Koran (Quran) and from the teachings of Mohammed. Muslims believe Sharia is God's law, but they have differences between themselves as to exactly what it entails as different countries and cultures have varying interpretations of Sharia.  

SHIPPING

Concerns civil cases relating to ships and shipping, for example cases arising out of collisions of ships, seizure of enemy ships and cargos, salvage claims, and claims arising out of charterparty.

SOCIAL SECURITY AND WELFARE LAW

All matters relating to the right to receive state benefits and social care. Particular issues which may arise would include challenges to decisions relating to removal or reduction of state benefits or aspects of social care. Health and safety at work is also covered by welfare law.

T

TAX

In simple terms, tax is money raised by the Government to pay for the services it provides to the public. Some taxes are known as 'indirect taxes' as they are already included in the price we pay for certain goods and services such as clothes. This tax is called VAT (value added tax). Other tax is called direct tax because the individual physically pays it, such as income tax and corporation tax. Other taxes include:

TRANSPORT, ROAD AND RAIL

Laws that relate to the movement of people and goods from place to place, on any kind of transport by road, rail, sea and air.

TRAVEL AND TOURISM

The Travel and Tourism industry has increasingly become the subject of regulations, not only from the UK Parliament but also from the European Union. The new Parliament in Scotland and the Assemblies in Wales, Northern Ireland and London also have acquired powers to regulate the industry. Travellers and tourists are more likely to resort to the courts to obtain redress. New laws on employment rights, competition, planning & company organisation can lead the travel and tourism manager to feel that h/she is sinking under a deluge of law.

TRUSTS LAW

A trust is a method of holding property so that the legal and beneficial ownership is separated. A trust may be set up under which a person has a limited interest i.e. they only have a life interest or where for example the trustees (legal owners of the property) may have a discretion as to whether or not they pay property to any one of a number of individuals interested under the trust. Trusts arise in a wide variety of situations including joint ownership of houses; charitable trusts; trusts for the benefit of individuals and pension trusts. Trust law issues may arise even if there is no express trust for example where money has been misappropriated. Trust law covers the creation of the trust; powers and duties of the trustees; the administration of the trust; the rights of the beneficiaries; variation of the trust; questions of validity of a trust; termination of trusteeship; retirement of trustees; questions of recovery of property and bringing the trust to an end.

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WEBSITE LAW

An array of different UK and EU laws intrude upon website design, domain name choice, website content, sales from websites, and indeed every other aspect of online activity.For all the advice and help you need see www.website-law.co.uk.

WILLS AND PROBATE

All aspects relating to issues which arise when planning for distribution of property on death and issues arising after death. Questions which arise under this heading when drafting a will include drafting it in a tax efficient manner. Questions which arise post death include: challenges to the will on the grounds of lack of capacity or want of knowledge and approval or on the ground that the testator was pressurized into making a will; whether the will was revoked by marriage and questions as to the interpretation of wills and advice as to the way in which the estate should be distributed. In addition, questions of administration of estates cover how to deal with an estate where a person did not leave a will and how to deal with locating beneficiaries and creditors and protecting the person administering the estate. The law of probate and administration of estates also covers any claim that a beneficiary may wish to bring against the personal representative for failures in the manner in which he has administered the estate.