Calderbank offer – a litigation settlement offer letter sent on a ‘without prejudice save as to costs’ basis. Calderbank offers are an alternative to a CPR Part 36 offer. Unlike Part 36 offers, the cost consequences are entirely in the Court’s discretion. Often tactically used for costs protection and in order to help negotiate a settlement and resolve a dispute.
Cancellation clause – a provision in contract that permits the termination of the contract by one of the parties before it’s expiration under specific terms and contracts.
Capital gain – the profit that is made when a long term asset is sold for more than its original cost.
Case law – law that is based on the result of previous court cases.
Caveat emptor – “let the buyer beware” a principle whereby the buyer assumes the risk that whatever they are purchasing may be defective and therefore places onus on them to perform due diligence first.
Charge – Security interest taken over property by a creditor to protect against non-payment of a debt (such as a mortgage).
Chattels personal – an item of property other than
freehold land which is tangible and owned.
Chattels real – an item of property other than
freehold land which is tangible and is leased.
Chit – a short note recording a sum owed.
Chose in action – Bundle of personal rights over a property which can only be claimed or enforced by action, and by not taking physical possession. An example of this could be a cash balance at a bank or money due on a bond.
Civil Law – the law which covers disputes which
are not criminal in nature.
Claim – a legal demand given by a person
seeking compensation for loss.
Claimant – the person making a claim.
Clause – a section, paragraph, phrase or segment in a legal document, for example, a contract, deed or will.
Cohabitation agreement – this allows unmarried couples who live together to enter into a legally binding contract regarding division of assets if the relationship breaks down.
Common law – a system of laws based on customs and court decisions made by judges rather than Acts of Parliament. Common law forms the basis of the legal system in the UK and is constantly changing.
Companies House – the office which stores information on all limited companies and limited liability partnerships registered in the United Kingdom, from annual accounts to the names of the directors.
Compulsory Liquidation – Winding up of a company after a petition to the court, usually by a creditor.
Company Voluntary Arrangement (CVA) – A voluntary agreement for a company is a procedure whereby a plan of reorganisation or composition in satisfaction of debts, is put forward to creditors and shareholders. There is limited involvement by the court and the scheme is under the control of a supervisor.
Compensation – money paid to make up for loss, damage, injury or suffering.
Conditional Fee Agreement (CFA) – Also known as a “no win no fee” agreement, is a contract between a client and legal representative which provides that all or past of the legal representative’s legal fees and/or disbursements is to be paid by the client only in specific circumstances – usually only if the client is successful in the case. A success fee will ordinarily also be agreed at the outset of any instruction.
Confidentiality – In practice this means that all client information, whether it be held on paper, digitally or by knowledge of the professional, must not be disclosed without the consent of the client.
Connected persons – Directors or shadow directors and their associates (including family members), and associates of the company. Connected persons has various definitions according to the particular act; for example, section 252 Companies Act 2006 defines connected persons in reference to their connection with a director of a company.
Consent Order – A judge approved order setting out terms that have been agreed between the parties. The agreement is legally binding and enforceable.
Consequential Loss – (also known as indirect loss) arises from a special circumstance of the case, not in the usual course of things (which would be direct loss). Direct loss is the natural result of the breach in the usual course of things. Most foreseeable kinds of loss are direct, including financial losses such as loss of profits and loss of business or goodwill. Consequential loss is indirect loss and unless foreseeable likely to be unrecoverable. Generally, consequential loss is recoverable only if the party paying damages knew or should have known of that special circumstance when it made the contract. At law, this is due to the second limb of the rule in Hadley v Baxendale  EWHC Exch J70. In summary, consequential losses should be considered as exceptional and often not recoverable in English law unless foreseeable by the paying party and therefore not too remote. The legal test of remoteness was established in Hadley v Baxendale (1854) EWHC 9 Exch 341 and sets out the following two limbs of loss: Limb 1: Direct losses – Losses which are fairly and reasonably in the contemplation of the parties when the contract was entered into. Limb 2: Indirect losses and consequential losses – Losses that require actual knowledge of special circumstances outside the ordinary course of things but that were communicated to the defendant or otherwise known by the parties.
Contempt of Court – When someone risks unfairly influencing a court case which may affect the ability to have a fair trial. Contempt of court may include disobeying or ignoring a court order, taking photos or shouting in court or refusing to answer the court’s question if called as a witness.
– an agreement
between two or more parties which creates legal obligations for both to perform
Conveyancing – the legal process of transferring
legal title in property from one person to another.
Law – the law
regarding legal costs cases.
Costs Lawyers – a lawyer regulated by the
Association of Costs Lawyers.
Counsel – another term which is used to describe a barrister.
Counterclaim – a claim made by the defendant that opposes the claimant’s claim. The counterclaim will be included in the same proceedings as the original claim.
Creditor – Someone owed money by an individual or company.
Crown Prosecution Service (CPS) – the CPS prosecutes criminal cases investigated by the police.