A to Z glossary of legal terms and abbreviations
Action A legal action in a court of law, normally commenced by the issue of a claim form. A ‘letter before action’ (or ‘cease and desist letter’) is often designed to avoid the need for this.
Applicable law The law which applies, for example to a contract, and which will govern any dispute arising under it.
Assignee Person to whom rights are assigned.
Assignment Formal transfer of ownership, for example in copyright. Assignments of copyright must be in writing and signed by or on behalf of the copyright owner.
Assignor Person assigning rights to another who is called the assignee.
CIF (Cost Insurance and Freight) Delivery terms under which the price includes delivery to the buyer’s own designated port of entry (but not normally all the way to the buyer’s own warehouse) (compare FOB).
Claimant The complaining party who seeks a remedy via a court action. The party being complained about is called the Defendant. If the case goes to appeal, the party appealing is the Appellant and the party resisting is the Respondent.
CJEU (Court of Justice of the European Union) Based in Luxembourg, it acts as a final appeal court on issues of EU law from national courts of EU member states, including the UK (see Chapter 1).
Claim form Issue of a claim form is the normal method of commencing an action (usually accompanied by ‘particulars of claim’).
Common Law A body of English law based on decided cases and developed by the judges over many centuries. Actions for breach of contract or negligence are common-law actions. It is no longer the primary source of new law in the UK, which largely now arises from statutes.
Condition Fundamental term of a contract, which goes to the root of the whole contract. Breach of a condition by one party normally entitles the other party to terminate the contract.
Consideration Something of value, usually given in return for a promise or undertaking: to be legally binding, most contracts must be supported by some valuable consideration.
Covenant A binding undertaking, often limiting future activity (such as a restrictive covenant).
Defamation The law covering libel and slander.
Defamatory statement A statement the meaning of which tends to make people think the worse of someone.
Defendant The party being complained about in a legal action; they must defend themselves against one or more Claimants (see above).
Directive An EU law adopted by the EU Council of Ministers following circulation of a draft or proposed Directive by the EU Commission. Directives do not as a rule have direct effect as law in member states but member states are required to implement them within a specified time limit.
ECJ (European Court of Justice, now called the Court of Justice of the European Union) See CJEU.
EEA The European Union countries together with Norway, Iceland and Liechtenstein.
Equity A traditional body of law developed over the centuries by English judges, parallel to the common law concentrating less on formal procedure and more on fairness and justice to the parties. Injunctions are mainly equitable remedies. An equitable interest or other entitlement may arise where legal ownership has not formally been transferred (via an assignment, for example) but where it is clear that it was intended to create an interest or it is fair to do so (perhaps where the price or part of it has already been paid).
Estate Means of holding and administering property (for example, an author’s, including any copyrights) after death: any property is normally vested initially in executors, for the benefit of any beneficiaries: if there are no designated beneficiaries, there are complex statutory rules on entitlement to any assets.
Exclusive licence Licence where the person granting the licence undertakes not only that there will be no other licensees but also that there will be no rival exploitation by the licensor itself. Exclusive licences must be in writing and signed by or on behalf of the copyright owner.
FOB (Free On Board) Delivery terms under which the price paid does not normally include freight or insurance costs of transport to the buyer’s warehouse or port of entry (compare CIF) but is normally based on delivery to the buyer’s agent or shipper at the seller’s port of shipment: traditionally legal title to the goods, and risk in them, was not transferred from the seller to the buyer until the goods ‘passed the ship’s rail’.
Grantor One who grants, for example, a publishing licence or sub-licence.
Indemnity A term in a contract under which the party giving it agrees to bear all the risks arising out of any breach of specified warranties and to compensate the other party fully for any losses, damage, costs or expenses which may be incurred.
Indictment Formal criminal charge before a Crown Court.
Injunction A Court Order, either ordering someone to do something or ordering them to stop (or not to start).
Insolvency The condition of being unable to pay current or outstanding debts as they fall due. Insolvency of individuals (as opposed to companies) is commonly referred to as bankruptcy.
Libel A defamatory statement published in written or permanent form.
Licence A grant of rights, normally limited to a specific period of time (or limited in other ways, for example, territorially or to particular languages or formats or subject to other conditions). Licences may be sole, exclusive or non-exclusive. Licences may normally be revoked, for example for breach of their terms.
Minor Person under the age of 18. Contracts entered into by minors may be voidable under some circumstances.
Novation Fresh execution of contracts (for example, where a new owner of a publishing business wishes to re-confirm existing author contracts).
Orphan work A literary or other work which is still in copyright, but whose copyright owners or rightsholders cannot be found – even after diligent search – in order to grant permission to reproduce them, or substantial parts of them (see Chapter 3).
Prima facie At first sight, or on the face of it.
Reversion Rights granted (for example, under a licence) may revert to the person granting them if a specified term comes to an end, or if the terms are breached.
Slander A defamatory statement made verbally, and not in permanent (for example, printed) form.
Sole licence A licence in which the person granting the licence (the licensor) agrees that there will be no other licensees, but that the licensor itself reserves the right to exploit the rights concerned (compare ‘exclusive licence’).
Specific performance A court may in some circumstances make an order of specific performance ordering one party to perform one or more of their obligations under a contract, for example ordering a publisher to publish a book. The courts are reluctant to oversee the performance of contracts in such a direct way, where damages are an alternative.
Statutes Acts of Parliament: now the primary source of UK law (compare Common Law above). Statutory measures may include Statutory Instruments (SIs) and other orders made under Acts of Parliament.
Summary conviction Conviction for a criminal offence by a Magistrates’ Court. Penalties are normally lower than those following conviction on indictment before a Crown Court.
Title Legal ownership, for example of specific goods or property.
Tort A civil wrong (as opposed to a criminal wrong which is a crime). Examples of torts include negligence, defamation or passing off. Actions for tort may be commenced in the civil courts by the aggrieved parties (unlike crimes which are prosecuted by the authorities through the criminal courts). The most common remedy sought is an award of damages: in appropriate circumstances injunctions may also be granted.
UCC (Universal Copyright Convention) 1952 Introduced the copyright sign © (for details of the UCC, see Chapter 10).
Void Of no legal effect.
Voidable Liable to be declared void.
Warranty A term of a contract under which the party making the warranty gives certain guarantees, for example, that the subject of the contract (for example, a manuscript) is not defamatory or does not infringe any copyright or is not otherwise illegal. Breach of a warranty usually gives rise to an action for damages, and may sometimes entitle the other party to terminate the contract.
Work A literary, artistic or other creation, such as a novel or a photograph or a computer program. Most, but not all, original works of UK citizens, or first published in the UK, will qualify for copyright protection in the UK.