Sometimes legal language can be complex. We aim to simplify it by putting it into plain English. If you need an explanation for a legal term that you can't find listed here please let us know, by email, by phone or request a call
back.
- Administrators
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The persons who are entitled to benefit from a deceased person's estate where there is no will (generally they are the next of kin) and who therefore take on the responsibility usually given to Executors by a will.
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- Alternative Dispute Resolution ("ADR")
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The use of various methods to resolve a dispute instead of litigation, such as arbitration, mediation and expert determination.
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- Attorney
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A person or persons appointed under a Power of Attorney with authority to carry out certain actions on your behalf.
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- Bankruptcy
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Bankruptcy is a process by which the Official Assignee is appointed to realise the assets of an insolvent individual for distribution among his creditors. Bankruptcy is commenced by the presentation of a petition (either by the individual themselves or by one of their creditors). The effect of Bankruptcy is to "write-off" the individual's debts as at the date of the bankruptcy.
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- Beneficiaries
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A person or persons who are entitled to certain rights under a will or trust.
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- Case Progression
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A hearing to discuss a claim where a Judge or Court Official tries to establish the issues in the case and gives specific dates on which certain key tasks must be done to prepare a case for hearing in Court.
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- Charge
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Security over an asset given by a borrower to a lender, which gives the lender the right to have the particular asset and its proceeds of sale appropriated to the discharge of the debt in question. A charge does not transfer ownership of the asset; it is merely an encumbrance on the asset.
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- Compulsory Liquidation
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This is an in-Court process commenced by a creditor of a company asking for the company to be wound up.
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- Covenants
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An agreement or promise to do or provide something, or to refrain from doing or providing something, which is meant to be binding on the party giving the covenant. Some types of covenant may also be enforceable by, or against, persons who were not a party to the original arrangement.
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- Creditor
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A person or body corporate who is owed money by an individual or company.
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- Creditors' Voluntary Liquidation
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A process commenced by the company whereby the shareholders resolve for the company to be wound up. A meeting of the company's creditors is then called for a vote on the appointment of a liquidator. This is a relatively simple and controlled method to liquidate the company's assets and wind up an insolvent company.
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- Debtor
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A person or body corporate that owes money to another.
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- Deed of Variation
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A document that can be signed by which parties to an agreement (for example, a lease) can vary their rights and entitlements from those set out in the original agreement.
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- Disclaimer
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A document that can be signed by which parties to an agreement (for example, a lease) can vary their rights and entitlements from those set out in the original agreement.
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- Easements
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A right benefiting a piece of land that is enjoyed over land owned by someone else. Usually, such a right allows the owner of the dominant tenement to do something on the other person's land, for example, a right of way over a path, or a right to run services under other land to benefit your own property.
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- Enduring Power of Attorney
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A legal document that can be signed by a person (the donor) during his/her life when he/she is in good mental health. It allows another specially appointed person (the attorney) to take actions on the donor's behalf if he/she is absent, abroad or incapacitated through illness.
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- Executor
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A person or persons named in a will who are responsible for ensuring that the deceased's estate is dealt with in accordance with the terms of the will. If the person who has died has not left a will then an Administrator takes over this role.
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- Express Terms
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The terms expressly stated in the contract between the parties, either written or verbal, that are agreed before or at the time the contract is made.
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- Freehold
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A legal interest in land that provides the holder of the interest with full rights of ownership.
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- HomeBond
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A company that provides structural defects cover for new homes, with deposits and stage payments protection.
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- Implied Terms
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Terms that are implied into a contract by law, statute and/or custom that have not been expressly agreed between the parties.
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- Injunction
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A Court Order which either prohibits a person or company from taking a particular action (known as a prohibitory injunction), or requires them to take specified action (known as a mandatory injunction).
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- Insolvency
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Means the inability to pay one's debts as they fall due. Insolvency can be defined in two different ways: a) cash flow insolvency - being unable to pay debts as they fall due; or b) balance sheet insolvency - having negative net assets (i.e. liabilities exceed assets).
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- Intestacy
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A person who has died and not left a will.
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- Joint and Several Liability
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Joint liability under a contract arises when two or more parties jointly promise to do the same thing for another party. Where there is joint and several liability if any one of those parties fails to keep their promise, a claimant may enforce the relevant contractual obligation, in full, against one or more of the jointly liable parties.
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- Joint Tenants
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The form of ownership in which each owner is entitled to the whole property, rather than an undivided share of it. The right of survivorship applies (where the last surviving owner becomes the sole owner of the whole property).
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- Land Registry
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The government body responsible for keeping and maintaining the Land Register of Ireland.
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- Landlord
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A person or organisation that has the right to let a property.
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- Leasehold
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An estate in land which provides the holder of the estate with rights of possession and use of the land or property, but not ownership.
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- Licence
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The lawful grant of a permission to do something that would otherwise not be legal or allowed, for example, to occupy a property.
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- Mediation
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Mediation is a voluntary and confidential process conducted in which a neutral third party assists the parties to work towards a negotiated settlement of their dispute. The parties control the decision to settle and the terms of settlement.
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- Members' Voluntary Liquidation
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This is a process used to wind up a solvent company. The directors swear a declaration of solvency before the process is commenced and once the assets of the company have been released, any creditors must be paid in full and any surplus is paid to the company's shareholders.
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- Misrepresentation
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Where one party to a contract makes a false statement of fact or law to the other, which the other party relies on and suffers loss. Where there has been a misrepresentation the wronged party can recover damages for their loss, and depending on the particular circumstances may be able to rescind the contract (i.e. put things back to how they were as if there had never been a contract).
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- Moratorium
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A period of time during which a certain activity is not allowed or required. Created in certain insolvency procedures so that creditors cannot enforce their rights for a certain period without the consent of the Court, and also used where a lender does not require any repayments from a borrower for a period of time.
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- Probate
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The legal process by which the estate of a deceased person is administered according to the terms of their will or the intestacy laws.
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- Restrictive Covenant
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A provision in an employment contract to protect an employer's business interests by restricting what an employee can do for a defined period after their employment terminates, or a provision in a deed restricting what a person can do with land or property that they bought or are renting.
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- Security of Tenure
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The phrase given to statutory rights granted to tenants to protect their interest under a lease.
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- Tenancy in Common
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The form of co-ownership in which each owner has a notional interest, although undivided, in the property which passes with his estate on his death. The right of survivorship does not apply to this form of ownership.
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- Tenant
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The occupier of a leasehold estate.
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- Trusts
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A legal arrangement where persons, called Trustees, hold property or assets for the benefit of others, called beneficiaries.
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- TUPE
- Transfer of Undertakings (Protection of Employment) Regulations . The law which governs how employees move from one employer to another when all or part of business changes hands or certain services are to be carried out by an alternative provider e.g. outsourcing.
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A promise or assurance in a contract, which if breached may give rise to a claim for damages.
- Notification by a person to a third party of some unauthorised or illegal activity, for example, where an employee raises concerns in good faith to specified individuals about their employer's business due to: a danger to health and safety, a failure to comply with any legal or professional obligation or regulatory requirements, bribery, criminal activity, miscarriages of justice or a breach of internal policies and procedures.
- An expression used in negotiations where a concessionary offer is made. If a dispute proceeds to Court neither the offer nor any facts stated to be without prejudice may be disclosed to the Court.
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A termination of employment by an employer in breach of the employment contract. Usually a reference to dismissal without notice. Differs to unfair dismissal.