Criminal Law
Summary Offence
A summary offence is a minor criminal act tried in a Magistrates’ Court before either a single Judge or a small panel of two or three Magistrates.
Indictable Offence
Indictable offences (pronounced without the ‘c’) are serious crimes such as murder, wounding with intent, and rape. These cases are handled in the Crown Court with a judge and jury.
Indictment
An indictment is an official document issued by authorities detailing the charges against the Defendant. It is presented in Court at the beginning of a trial.
Barrister
A Barrister is a legal professional specializing in courtroom advocacy and litigation. They can be hired directly by a client or through a Solicitor.
King’s Counsel (KC or Silk)
A King’s Counsel is a senior Barrister or Solicitor with at least ten years of practice. Appointed by the King, they are part of ‘His Majesty’s Counsel learned in the law’. More information here.
Magistrates’ Courts
Magistrates’ Courts are lower courts in England and Wales where nearly all criminal cases commence, and 95% of cases are completed. They handle summary offences and either way offences if the Defendant opts for a Magistrates’ Court trial instead of a Crown Court trial.
Crown Court
The Crown Court is higher than the Magistrates’ Court and deals with serious criminal matters. It oversees:
- Cases referred from Magistrates’ Courts due to their indictable nature.
- ‘Either way’ offences if the Defendant prefers a jury trial.
- Sentencing for defendants convicted in Magistrates’ Courts for serious offences.
- Appeals against Magistrates’ Courts decisions.
Common Law
Common law is derived from judicial decisions and precedents rather than legislative statutes.
Legislation
Legislation refers to laws enacted by Parliament.
Family Law
Habitual Residence
The country where you live your daily life, including where you work, your children go to school, and where your pets live.
Domicile
Your permanent home country. You are born with a domicile in your country of birth, but it can change if you permanently move to another country.
Wills, Trusts, and Estate Planning
Probate
Probate is the process of managing the estate of a deceased person, including validating the Will, paying debts, and distributing assets.
Conveyancing
Leasehold
In a leasehold arrangement, you own the property but not the land it is built on, which is owned by the freeholder. Your ownership is for a specific term, which can vary in length.
Freehold
A freehold means you own the property and the land it stands on indefinitely.
Buy to Let
Buy to Let refers to purchasing a residential property with the intention of renting it out to tenants.
Commercial Property
Dilapidations
Relates to necessary maintenance and repairs required at the end of a commercial lease.