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Legal Definitions by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

Calderbank offer (Calderbank letter)

A letter send by the Solicitor setting out the terms of a compromise in Civil Court Proceedings (where the remedy is not financial) . . . for example the terms of a claim for specific performance



Case Law

Law created and set out in Legal decisions.  The Solicitor or Lawyer will explain to you the relevant Case Law applicable to your case.

cf. Statute Law - legislative  /   European Law

Case Management

In Civil Court Proceedings Solicitors for all parties must assist the Court in accordance with the Court's case management obligations.  The Judge can order the Solicitors attend a Case Management Conference.



Causation

Essential elements of a case prepared by the Solicitor.  The relationship between the act and cause thereof.

Cause of Action  

The Solicitor or Lawyer must base the Court Proceedings or claim on a Legal Principle. For example in a Road Traffic Accident the cause of action would probably be negligence.  In a contract dispute the cause of action would probably breach of contract or misrepresentation. 

Caution

Land Law or Property Law Solicitors and Lawyers can lodge a Caution on the Title Deeds at the Land Registry when protecting the clients interest in that Property or Land. This tells anyone interested in the Title Deeds to first contact the Cautioner's Solicitors.  Cautions have been replaced by Unilateral notices although the effect is generally the same.     

Caveat Emptor

A phrase often used by Solicitors acting for a Purchaser of a house describing the principle 'Buyer Beware'.  The burden is on the Buyer to investigate rather than on the Seller to disclose.

Chancery Division

Solicitors will usually send the cases to this division of the High Court when dealing mainly with Trusts, Land, Company Law etc.