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J

Joint tenancy
See Beneficial joint tenants.

Judgment
The terms "judgment" and "order" include any decision given by a court on a question in dispute before the court. Judgments bind the parties to the action but do not normally affect others. Exceptionally, a judgment "in rem" decides the status or ownership of a thing, typically a building, a ship or a work of copyright, and is binding on the whole world.

Judicial separation
A decree of the court, which declares the parties to be legally separate, without dissolving the marriage. It can include a financial settlement.

Judicial Studies Board Guidelines
A set of guidelines used to decide the amount of damages for the 'pain, suffering and loss of amenity' element in a claim.

Jurisdiction
The authority of courts to deal with a case. As a rough guide, courts will assume jurisdiction if the defendant is physically present and so can be served with the proceedings or if the defendant submits to the jurisdiction or if the court is persuaded that the circumstances are such that the claimant ought to be allowed to serve the proceedings abroad. In special cases involving particular things, so-called actions in rem, the court will assume jurisdiction if the thing - land, a ship - is physically within the jurisdiction.

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K

Knock-for-knock
The effect of a knock-for-knock agreement between insurers is that, in the event of an accident involving more than one insured vehicle, each insurer carries the risk of the damage to the vehicle it has insured. This applies regardless of who may be legally responsible. So that may result in an innocent party losing a no-claims bonus. But the agreement is between insurers and does not bind people who are insured so they can, if they wish, claim for the loss of the bonus against the person responsible for the accident.

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L

Laches
Pronounced "lay-cheese", this means unacceptable delay in pursuing a claim in equity but applies only where there are no fixed statutory time limits. See Limitation.

Legacy
A gift in a Will. Cash gifts are called "pecuniary legacies", gifts of specified objects are called "specific legacies" and a right to receive a share of the residue is called "a residuary legacy".

Legal Aid
Now replaced by Community Legal Services Funding.

Legatee
A person entitled to a legacy under a Will.

Letters of administration
An official document obtained by administrators of an estate proving that they have the legal authority to deal with a deceased's estate.

Life interest
The right to receive the income from, or to enjoy the occupation of, property for the lifetime of the life tenant. In Scotland, it is called a liferent. It will usually arise under the terms of a trust deed or Will but may arise by operation of law. When the life tenant dies, the property does not pass with his estate but goes to the beneficiaries identified by the document that set up the trust. However, the value of the property may be charged to inheritance tax on the death of the life tenant.

Limitation, limitation period
A statutory time limit within which an action must be brought. As a rough guide, claims for personal injury must be brought within three years and other claims within six years but these limits may be extended if the claimant did not know, at the time the wrongful act was committed, that it would give him a right to claim. Employees who worked with asbestos have been allowed to claim against their former employer even though they developed asbestosis many years after leaving the employment.

Litigant-in-person
Someone who runs his own case and represents himself, rather than hiring a lawyer.

Litigation friend
Someone who represents a child (or patient) in litigation.

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13 May 2008