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Glossary of terms

Glossary of terms by letter

P

Post Nuptial Agreement

This is essentially a Pre Nuptial Agreement which is entered into during or after the marriage

Power of Arrest

An order attached to some injunctions to allow the police to arrest a person who has broken the terms of an order

Power of Attorney

This is a deed which gives power to a person to act on someone else's behalf in a legal or business matter

Pre Nuptial Agreement

An agreeement before marriage takes place, as to how assets should be split if a marriage breaks down - it is generally not enforced by British courts

Pre-trial Review

A preliminary appointment to consider the issues before the Court and fix the timetable for the trial

Precedent

The decision of a case which established principles of law that act as an authority for future cases of a similar nature

Premises

A building or part thereof

Private Law Proceedings

This is the term used to describe applications made to the court by private individuals (e.g. parents, grandparents or siblings) for orders in relation to children. This might relate to where a child lives, how much or whether the child sees the applicant and other issues such as disputes concerning a child's name, schooling or health.

Private Limited Company

An entity incorporated by registration whose members have a limited liability towards their company

Probate

This is the official verification of a will by the Probate Registry

Process

The document commencing a claim or subsequent action

Prohibited Steps Order

This is a court order prohibiting the person specified in the order from taking a certain step - eg. to prevent a parent removing a child from the court's jurisdiction

Proprietary Estoppel

Proprietary estoppel is a fair, or equitable, remedy to stop the legal owner of a property from asserting their strict legal positon when it would be unfair or inequitable for him to do so.For a successful claim of proprietary estoppel, the claimant must show that an assurance was made, which was relied upon to the claimant's detriment. An example of proprietary estoppelAn example of proprietary estoppel would be if a farmer told his son that 'all of this will be yours one day' and so the son worked long hours to build up the farm on minimum wage over many years, only for the farmer to then give the farm away to a third party. What does a court do in proprietary estoppel claims?The court would look at the circumstances as a whole, along with the evidence put forward, and would consider if it would be unconscionable not to allow a proprietary estoppel claim.I think I have a proprietary estoppel claim - what do I?Proprietary estoppel claims are complex, especially as the assurance made is usually verbal with little in the way of physical evidence. As such it is important that the correct legal advice is taken at an early stage. Talk to a solicitor to see whether they agree you have a claim.

Proprietary Software

This is computer software with restrictions on use or private modification, or with restrictions judged to be excessive on copying or publishing of modified or unmodified versions

Prosectution

The institution or conduct of criminal proceedings against a person

Protected Act

Unfavourable treatment of an employee will be regarded as unlawful victimisation if it is as a result of the employee doing or intending to do a "protectected act" - which is essentially an action pertaining to the Race Relations Act

Protected Disclosure

This is a disclosure of information which is protected by the Whistleblowers legislation

Protective Award

This is made by an Employment Tribunal in favour of individuals who have been made redundant if their employer failed to arrange for elections of employee representatives or failed to consult with appropriate representatives of affected employees about impending redundancies

Proxy

This is a person who acts on behalf of another for a specific purpose

Public Domain

Intellectual property which has no current "owner" is considered to be in the Public Domain

Public Limited Company

A company whose constitution must state it is a public company and which must satisfy requirements as to the minimum amount of its share capital

Public Trustee

Official who can act as an executor or administrator of an estate of a deceased person, or as a trustee

Puisne Judge

Refers to any judge of the High Court other than the heads of each division

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