Abuse of process
Abusive use of the court system or process which may form the basis of an application to dismiss the proceedings
Many, most even, legal terms have a different meaning in a legal context to their everyday meaning, the one you think you know, so here is a glossary of commonly used legal terms with a brief explanation.
Abusive use of the court system or process which may form the basis of an application to dismiss the proceedings
A person who acts for another
A private dispute resolution process outside of that offered by the court system
The person in charge of an arbitration who determines the procedure as well as the outcome of an arbitration
A constitutional document regulating a company and the participation of all shareholders in that company
A specialist lawyer providing advice and advocacy services and having a right to appear on behalf of and represent his clients in the courts of England and Wales
The courts of England and Wales with specialist expertise and procedures for resolving commercial and property litigation
A dispute between the relevant protagonists
The management of the preparation and conduct of a case
Read more about Case managementA hearing at which a court will consider and provide a list of the steps and a timetable by reference to which those steps are required to be taken in order to ensure case is ready for trial on the date it is to be tried and as to how the trial is to be conducted
A group of barristers practicing together
The Centre for Effective Dispute Resolution
An association of barristers specialising in, amongst other things, company and property law
A list of the sources of the law in a particular area or on a particular issue
The rules of procedure that govern the preparation for and conduct of matters in court
A formal document that commences proceedings by one person against another
A letter sent before proceedings are commenced setting out details of the proposed claim
A person instituting and bringing a claim against another person
The Commercial Bar Association
The relationship that exists between a commercial agent and his principal
Read more about Commercial agencyA person with continuing authority to negotiate or conclude contracts for the sale of goods by his principal to his principal’s customer
Read more about Commercial AgentThe Commercial Agent (Council Directive) Regulations 1993 (as amended) (SI 1993/3053)
Read more about Commercial Agents RegulationsThe EU Council Directive 86/653
Read more about Commercial Agents DirectiveA non technical expression intended to describe the process of effective and economic practical separation of interests of persons previously in business together (whether through the medium of a limited company, an LLP, a partnership or otherwise), often following a dispute or other deterioration in their relations, allowing those persons to go their separate ways and to focus for the future on their own individual interests.
The Companies Act 2006 c46
A monetary award that may be payable by a principal to his commercial agent following the termination of the commercial agency
The management by a court of issues relating to the costs that may be incurred in the conduct of a case
Read more about Cost managementA hearing at which cost management is undertaken
The court of first instance generally dealing with matters of lower value or lesser complexity
A monetary award to compensate for losses suffered by the person in whose favour the award is made
A written statement of case on behalf of the Defendant
A person against whom a claim is made
The case order or orders that a court makes as to the steps required to prepare for and as to the conduct of a trial
A person authorised by the shareholders of a company to conducts the day to day control and management of a company’s business and affairs
The listing of documents relevant to a case that are or have been in a persons possession or control
A trial of a new procedure for effecting disclosure of documentary evidence that operates in the Business and Property Courts
Read more about Disclosure PilotA person possessing sufficient expertise to permit him to give evidence to a court in the form of his opinion
An expert in forensic examination of the companies accounts and financial affairs
An expert in matters of valuation
The requirement under the Disclosure Pilot to disclosure and provide access to or copies of all relevant documentation whether advantageous or disadvantageous to a persons case beyond that required to be disclosure as part of Initial Disclosure
The court of first instance that generally deals with matters of higher value or greater complexity
A monetary award that may be payable by a principal to a commercial agent following the termination of the commercial agency
Highly relevant documents that may be referred to in a statement of case and which must be provided to the other side at an early stage
An order of the court forbidding a person from doing something or requiring a person to do something
An order of the court generally obtained at an early stage in a case and on a temporary basis and which is often only made on the provision of a promise to make good any loss that might be suffered as a result of the making of the interim injunction if the court so requires
Report(s) of the judgment(s) delivered in a case(s) by the judge(s)
Limited liability partnership – a type of business entity which has some features similar to a company and some similar to a partnership
The leading case on commercial agents
Read more about Lonsdale v Howard & Hallam Ltd [2007] UKHL 32An agreement that governs the relationship between the members of a limited liability partnership
A process facilitated by a mediator pursuant to which parties to a dispute seek to resolve their differences
The person who conducts and determines the procedure to be adopted at a mediation
A shareholder in a company or a partner in a partnership or limited liability partnership
A constitutional document regulating a company and the participation of all shareholders in that company
The leading case on shareholder protection from the unfairly prejudicial conduct of the affairs of a company
Read more about O’Neill v Phillips [1999] UKHL 24A formal offer of settlement which, whether it is accepted or not, carries certain consequences in respect of liability for the costs of a case
The factual details of a case relied upon by a party
Where two or more people join together otherwise than through a company or LLP in business in the hope of making profits
The Partnership Act 1890 c.39
An agreement, whether oral or in writing, between persons in partnership together regulating relations between them
A Claimant, Petitioner, Defendant or Respondent to a Claim
A formal document presented to a court that commences proceedings by one person against another (e.g. for relief from alleged unfairly prejudicial conduct of the affairs of a company)
The person who presents a petition
The written statement of case on behalf of a petitioner who has presented a petition
A written statement of the remedy that the claimant or petitioner is seeking
Correspondence between the parties or their legal representatives that pre dates the commencement of proceedings
A hearing before the court that usually takes place about 6 weeks before a trail is due to take place during which a judge ensures that the case is ready for trial
The person on behalf of whom an agent or commercial agent acts and on whose behalf the agent negotiates or concludes contracts with customers of that person
An order by a court to the effect that a person(s) should purchase another’s shareholding in a company
A company the success of which depends particularly on mutual trust and confidence between the particpants
A written response to a defence
A formal request for additional details of the facts relied upon by a party to a claim
The person to who a petition is directed
Section 994 of the Companies Act 2006
Read more about Section 994An interest in a company
A person who is registered as the holder or owner of a share
An agreement, whether oral or in writing, between some or all of the shareholders in a company outside of that contained in the memorandum and articles of association of a company and regulating the relationship between them
The protection of the interests of a minority (or sometimes a majority) shareholder in a company in light of alleged unfairly prejudicial conduct of that company’s affairs including claims for relief from such conduct under section 994 Companies Act 2006 and through the use of interim and final injunctive orders of the courts.
An order of the court requiring a person against whom an order might be made to pay another’s costs to provide a form of security that may be enforced by the person in whose favour the order in respect of costs might be made
The terms of an agreement resolving a dispute consensually between the protagonists
A person qualified to and authorised to act as a solicitor
A written statement of the case relied on by a claimant, petitioner, defendant or respondent
A dismissal of a claim or a petition at an early stage on the basis that it stands no reasonable prospect of success and their exists no other good reason why it should be the subject of a trial or otherwise comprises an abuse of process
A judgment made in respect of a case at an early stage and without a full trial
A dismissal of a case at an early stage and without a full trial The Companies (Unfair Prejudice Applications) Proceedings Rule 2009 – a Statutory Instrument imposing certain procedural requirements for the commencement of and determination of a claim for relief from unfairly prejudicial conduct
Proceedings Rule 2009 – a Statutory Instrument imposing certain procedural requirements for the commencement of and determination of a claim for relief from unfairly prejudicial conduct
A form of an order made with the consent of the parties pursuant to which the parties agree to the terms set out in a schedule to the courts order
The conduct of the business or affairs of a company or partnership in a manner unfairly prejudicial to the interests of a shareholder or member of a partnership
Read more about Unfair prejudiceA petition to the court for relief from unfairly prejudicial conduct of the affairs of a company
Conduct of the business or affairs of a company or partnership that is both unfair and prejudicial to the interests of a shareholder in that company or a member of that partnership
Read more about Unfairly prejudicial conductA written summary of the evidence to be to be given in the witness’ own words and bearing a formal statement of truth
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