Pain, suffering and loss of amenity
All three are considered when deciding the amount of damages due for an injury. "Loss of amenity" is the effect that the injury has on the victim's ability to perform everyday activities and participate in the enjoyments of life. See Judicial Studies Board Guidelines.
Particulars of Claim
The document by which a claimant gives details of the facts on which his claim is based.
Patient
In general parlance, a person receiving medical treatment but, in law, particularly a person suffering from a mental disorder that makes him unable to manage his own affairs.
Payment in advance
Payment of a regular sum, like rent or salary, at the beginning of the period to which it relates.
Payment in arrears
Payment of a regular sum, like rent or salary, at the end of the period to which it relates.
Pecuniary legacy
A gift of money in a Will.
Pension mortgage
This resembles an Endowment mortgage but the saving scheme is a pension. It has various tax benefits but there are restrictions on total contributions and the borrower's age at the end of the term.
Periodic payments ('periodic allowances' in Scotland)
Financial support given by one party to the other. It can be in the form of regular payments (e.g. monthly, yearly) or a lump sum. Maintenance of children is almost always assessed by the Child Support Agency.
Personal property
All property other than real property. Personal property, or personalty, is contrasted with interests in land, or realty, for historical reasons but there are still important differences, for example in the way they can be transferred.
Personal representatives
People who wind up the estate of someone who has died. The expression includes both executors appointed by a Will (who are granted probate) and administrators in the case of intestate estates (who are granted letters of administration). Administrators in Scotland are called 'executors-nominate'.
Per stirpes
Dividing property between a number of beneficiaries according to the branches of the family instead of equally between them.
PIW
Period of incapacity for work. Four or more consecutive days when the employee is too ill to work.
Plaintiff, or claimant
Someone who makes a claim in court against a defendant for a remedy such as damages.
Pledge
A pledge arises when documents of title or goods are deposited by one person (pledgor) with another (pledgee) to be held as security for the payment of a debt or the discharge of an obligation upon the understanding that they will be returned once the obligation is discharged. Physical delivery may be sufficient but a memorandum of deposit, or letter of hypothecation, is often required.
Poll
The counting of votes cast for or against a proposition, especially at company meetings of the shareholders. Usually matters will be decided by a show of hands of those present (one vote each) and a poll will be held only if demanded. On a poll, each share normally has one vote but special voting rights may be conferred by the Articles of Association.
Power of Attorney
A formal, written authority granted by one person, the Donor, to another, the Attorney, enabling the Attorney to act on the Donor's behalf and manage his financial interests. See Enduring Power of Attorney and General Power of Attorney.
Power reserved letter
A letter issued by the Probate Registry which an executor signs to put his or her duties on hold for the time being.
Pre-emption
The purchase by one person before an opportunity is offered to others. Also the right to make such a purchase. This is commonly given to shareholders in private companies so that, if new shares are to be issued or existing shares are to be sold, they must first be offered to the existing shareholders.
Prayer ('crave' or 'craves' in Scotland)
The application at the end of a petition asking for a marriage to be dissolved and financial relief ordered.
Pro bono
Work done by a lawyer for no fee.
Proxy
A document authorising a person to represent someone else, especially someone who is a member of a company unable to attend a meeting. The term also describes the appointed person and the vote cast by him. Notice of intention to appoint a proxy has to be sent to the company in advance of a meeting.
Public Trustee
A Government department that can be entrusted with the administration of a Will, the guardianship of children or as a trustee or general administrator. It is often used for people who, for financial or other reasons, are unable to act for themselves.
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