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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

Scott Schedule

In Court Proceedings where there are several items in dispute th Judge may Order the Claimant / Defendant Solicitors and Lawyers to prepare a Scott Schedule.  It is simply a schedule in a table format which itemises the points in dispute in one column; the Claimants position in the second column; the Defendants position in the third column and the last column is left blank for the Judge.   



Security of Tenure

Landlord and Tenant Solicitors and Lawyers during the negotiations for a Lease will determine how much security of tenure to give to the Tenant.  The Law applicable to Leases that excludes security of tenure favours the Landlord should the Tenant need to be evicted.  However a compromise is needed as a Tenant is unlikely to invest too much in a Lease that excludes security of tenure.   

Sellers Property Information Form

Conveyancing Procedure: This is a document prepared by the Sellers Solicitors and forwarded to the Buyers Solicitors.  The Sellers Property Information Form contains information about the Property and is suppose to replace and standardise the Buyers pre-contract inquiries.   



Severance

A term given to the procedure for changing Joint Tenants into Tenants in Common.  Property Law Solicitors and Conveyancers will explain the effects of each mode of ownership of Property during the conveyancing process.  However clients may wish to change positions after completion of the transaction.    

Skeleton Arguments 

In Court Proceedings the Claimant / Defendant Solicitors and Lawyers may be asked to submit skeleton arguments.  Skeleton arguments are essentially a summary of the submissions which are going to be made to the Judge by the Solicitors and Lawyers at the Court Hearing.

Slip Rule

See rule 40 of the Civil Procedure Rules.  This rule allows the Court or Solicitors and Lawyers for the parties to correct an accidental mistake or oversight in any Court Orders.    

Small Claims Court

This is a division of the County Court that deals with small claims.  Litigation Solicitors and Lawyers tend not to appear in the Small Claims Court as it is often not cost effective.  The general rule is that even if you win you will not be entitled to your full legal costs.  The Court Service produce several leaflets setting out the procedure for bringing or defending a claim in the Small Claims Court.    

Stamp Duty

Conveyancing:  The tax payable by the Buyer of a Property.  The rates vary and it is a good idea to check with the Solicitor on the current rates and allowances.  The Buyers Solicitor will collect the Stamp Duty from the Buyer shortly before completion of the transaction.  The Solicitor then pays the Stamp Duty and completes the registration at HM Land Registry.    

Subject to Contract

This is a term used by Property Law Solicitors and Conveyancers to confirm that the letter or negotiations are not final and are subject to the contract being signed by the Buyer / Seller.