GLOSSARY
The following is a provisional explanation of words and phrases 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.
Actus reus: Conduct of the accused: see R v Miller (1983)
Advocacy: Professional pleading in court
Advocate: Any person who represents another in legal proceedings
Attorney General: The principal law officer of the government, and head of the Bar
Bands: The development of a neckband into two hanging strips
Bear Garden: Rooms in the Law Courts where Masters hear short applications (see Chapter 6 for full description)
Bench wig: The wig worn by judges when they are sitting in court
Bencher: A senior member of an Inn of Court
Bibliography: A systematic list of books and articles used as source material
Black bag: The bag at the back of the barrister’s gown is often called a fee bag. The origin of this is said to be that the barrister’s fee was placed in the bag so that the barrister did not have to demean himself by handling money
Blue bag: The traditional bag used by junior barristers for carrying fancy dress
Bona fide: Genuine
Breach of statutory duty: Breaking a duty imposed by statute
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
Call: A formal ceremony, conducted at the Inns of Court, when a student barrister has completed vocational training and is qualified to act as an advocate under the supervision of another barrister
Case law: Law created by decisions of courts
Caveat emptor: Let the buyer beware. A disclaimer of responsibility
Chambers: A judge sitting in chambers does not mean that he is sitting in any particular room, but that he is not sitting in open court. Also, the traditional name for a group of barristers sharing office space
Chambers tea: A traditional gathering of barristers for light refreshments at a particular time
Champerty: The offence of assisting in a case with a view to receiving a share of the disputed property
Civil action/proceedings: Legal proceedings based on a civil right as opposed to a criminal prosecution
Civil Procedure Rules (CPR): Procedural rules prescribed for civil courts
Class justice: Justice which operates in favour of one class and against another
Clerk: An administrative assistant to judges, magistrates or barristers
Client: Customer
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
Collarette: A female barrister’s collar. It consists of a high, round, soft collar. The extra fabric forming the front sits over the shoulders and chest and hides clothing
Common law: Law which has been developed by the judiciary through the setting of precedents, as opposed to being created by the legislature through statutes and regulations
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
Counsel: Barrister
Crown immunity: The ancient principle that the sovereign and many government departments are exempt from legal sanctions
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