Glossary
The following is a provisional explanation of words and phrases which appeared in last week’s blog and which in my experience I have had to explain to students and clients or which have a technical legal meaning different from their normal usage.
Breeks: A Scottish term for trousers
Bundle: A collection of documents
Cab rank principle: A barrister has a public obligation, based on the paramount need for access to justice, to act for any client in cases within their field of practice. A barrister cannot refuse a case because of disapproval of what the client has done or is alleged to have done
Chambers tea: A traditional gathering of barristers for light refreshments at a particular time
Class justice: Justice which operates in favour of one class and against another
Clerk: An administrative assistant to judges, magistrates or barristers
Collar stud: A device for attaching a collar to a tunic shirt. There are two types of collar stud. One is short and used at the back of the shirt. The other is long, hinged and is used at the front
Conditional fee agreement: An agreement for the supply of legal services where a fee is payable only in certain circumstances, normally if the client wins
Conduct of litigation: Steps taken by a restricted group of lawyers to progress a case
Conspiracy: An agreement to carry out an unlawful act
Contingency fee: An agreement for the supply of legal services where a fee is payable only if the client wins.
Conveyancing: The transfer of an interest in land.
Corporate manslaughter: Under the Corporate Manslaughter and Corporate Homicide Act 2007, a company is guilty of corporate manslaughter if the way in which its activities are managed or organised amounts to a gross breach of the duty of care which it owes to employees or the public and those failings have caused a death
Crown immunity: The ancient principle that the sovereign and many government departments are exempt from legal sanctions
Devil: A barrister paid by another barrister to do the latter’s work
Director of Public Prosecutions: The head of the Crown Prosecution Service who has power to decide whether prosecutions should proceed
Disability Under the Naturalisation Act 1870, “disability” meant “the status of being an infant lunatic, idiot or married woman”. The most recent definition is now set out in the Equality Act 2010 as “a physical or mental impairment that has a substantial and long-term adverse effect on the ability to perform normal day-to-day activities”
Employment Appeal Tribunal: The appellate tribunal for decisions made by employment tribunals
Employment Tribunal: The tribunal with jurisdiction to hear employment disputes
Entail: A settlement of succession in land so that it cannot be bequeathed at pleasure
Guinea: 21 shillings. Replaced in 1816 as currency in Britain but retained in legal circles until decimalisation in 1971
Habeas corpus (Have your carcase): An ancient remedy requiring the production of a deatined person to a court
Hearing: A formal session in a court or tribunal.
Judiciary: Professional judges in a legal system
Legal aid: Financial assistance given by the state to those who cannot afford legal advice or representation. Now largely of historical interest
Legal expenses insurance: Insurance, often contained in a wider policy, which provides cover for the cost of legal assistance
Letters Patent (Literae patentes): Writings of the sovereign, sealed with the Great Seal, whereby a person or company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority
Lightweight pincetta gown: A gown which is “ideally suited to warmer climates”
Litigation: The conduct and progression of a case
Lord: A member of the House of Lords
Manslaughter: In summary, killing without the intention required for murder
Mediation: A type of alternative dispute resolution involving negotiation with an independent third party
Murder: In summary, killing with intent. May not be criminal if committed by the state
Natural justice: Based on innate moral sense: minimum standards of fairness in judging a dispute
Negligence: A civil wrong developed by the courts, involving a duty of care, breach of that duty and resulting loss
Ogden Tables: Actuarial tables for use in personal injury and fatal accident cases, based on various factors
Parliamentary draftsman: Professional drafters of legislation
Party: A person involved in litigation
Perpetuities: This property law concept is impossible to define concisely. See Chapter 3
Pro bono: Pro bono publico, for the public good. Professional work done without charge
Pupil: A trainee barrister working under the supervision of another barrister
QC tail. A coat worn by Queen’s Counsel
Rogue and vagabond: “Every person pretending or professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose on any of his Majesty’s subjects; every person wandering abroad and lodging in nay barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon… and not giving a good account of himself or herself… every person, wilfully, openly, lewdly, and obscenely exposing his person … with intent to insult any female; every person wandering abroad, and endeavouring by the exposure of wounds or deformities to obtain or gather alms; every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any fals or fraudulent pretence … every person being found in or upon any dwelling house, warehouse, coach-house, stable or outhouse, or in any inclosed yard, garden or area, for any unlawful purpose … and every person apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer so apprehending him or her, and being subsequently convicted … shall be deemed a rogue and vagabond. (Vagrancy Act 1824, section 4, as amended).
Royal Bencher: A member of the Royal family who holds the office of Bencher in an Inn of Court without having to obtain legal qualifications
Rule of law: The subordination of all authorities to certain legal principles
Senior barrister: A proposal that a barrister with a number of years’ experience should be described as a senior barrister was rejected by the Bar Council because it would confuse the public
Serious Fraud Office: An organisation responsible for the investigation and prosecution of serious criminal offences.
Taxonomy: Principles of classification
Tippet
For those, like me, who have no idea what a tippet is, the Shorter Oxford English Dictionary gives the following guidance:
- A long narrow strip of cloth or hanging part of dress, either attached to and forming part of the hood, head-dress or sleeve, or loose, as a scarf or the like.
- A garment, usually of fur or wool, covering the shoulders, or the neck and shoulders; a cape or short cloak.
- A band of silk or other material worn round the neck, with the two ends pendent from the shoulders in front.
- A hangman’s rope.
Touting: Soliciting custom
War crime: A violation of the laws of war
Welfare law: Generally, the law of social security
Wig: A horsehair wig is worn in most courts by barristers. Reputedly imported from France in the seventeenth century to indicate social standing and wealth
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