Bar Council Written key terms

A court's power to examine decisions of public bodies for legality, rationality, and procedural fairness, and to quash them if they exceed legal authority or breach natural justice.

Latin for 'beyond the powers', describing an act by a public authority that exceeds the authority granted by statute or the constitution, making the act invalid.

Two core procedural safeguards: the right to a fair hearing (audi alteram partem) and the rule against bias (nemo iudex in causa sua), applied to administrative and tribunal decisions.

Latin for 'hear the other side', the principle that a person affected by a decision must be given notice of the case and an opportunity to respond before the decision is made.

A doctrine protecting a person who has been led by a public body's assurance or consistent practice to expect a benefit or procedure, requiring fairness before that expectation is defeated.

The mental element of a criminal offence, such as intention, knowledge, recklessness, or negligence, which must be proved alongside the prohibited act.

The external physical element of a crime: the conduct, circumstances, and consequences prohibited by law, excluding the defendant's mental state.

The highest form of mens rea: a decision to bring about a prohibited result, or foresight of that result as virtually certain, as distinct from mere desire or hope.

A form of mens rea where the defendant consciously takes an unjustified risk of a prohibited result occurring, as opposed to acting inadvertently or negligently.

The link between the defendant's conduct and the prohibited result, requiring both factual cause (but-for test) and legal cause (no intervening act breaking the chain).

A clear and definite promise or proposal made with the intention that it shall become binding as soon as the other party accepts it.

Unqualified agreement to all the terms of an offer, communicated to the offeror, which converts the offer into a binding contract.

Something of value in the eyes of the law, given by each party in exchange for the other's promise, which must be sufficient but need not be adequate.

A preliminary communication that invites the other party to make an offer, such as goods displayed in a shop window, and is not itself capable of acceptance.

A legal obligation to take reasonable care to avoid acts or omissions that can reasonably be foreseen to injure one's neighbour, established by the neighbour principle.

A civil wrong comprising a duty of care owed by the defendant to the claimant, breach of that duty, and damage caused by the breach that is not too remote.

The principle limiting a defendant's liability to damage of a kind that was reasonably foreseeable at the time of the breach, even if its extent was not.

Strict liability imposed on one person, typically an employer, for the torts committed by another, typically an employee, acting in the course of employment.

The largest estate in land, of potentially indefinite duration, giving the owner the right to possess and use the land permanently, subject to statutory restrictions.

An estate in land granted for a fixed maximum period, such as a term of years, in exchange for rent or other consideration, reverting to the landlord at the end of the term.

A system of land ownership in which the state maintains a register that conclusively records title, so that the register itself is the primary source of ownership information.

A right in property recognised only in equity, such as a beneficial interest under a trust, which is enforceable against all persons except a bona fide purchaser for value without notice.

An equitable remedy imposed by law, regardless of intention, where it would be unconscionable for a person holding property to deny another's beneficial interest in it.

The paramount consideration in decisions concerning a child's upbringing, requiring the court to weigh all relevant factors, including the child's welfare and wishes.

The legal status comprising all the rights, duties, powers, and responsibilities that a parent has in relation to a child and the child's property.

The legal right and duty to have a child living with and being cared for by a particular person, often subject to arrangements for contact with the other parent.

The obligation on a party to prove a fact or issue in dispute, which in criminal cases rests on the prosecution and in civil cases generally on the claimant.

The degree of certainty required to discharge the burden of proof: beyond reasonable doubt in criminal cases, and on the balance of probabilities in civil cases.

A statement made out of court that is tendered to prove the truth of its contents, generally inadmissible unless it falls within a recognised exception.

A situation where a lawyer's personal, financial, or other interests, or duties to another client, could improperly influence the representation of a client.

A lawyer's obligation not to reveal information acquired in the professional relationship without the client's informed consent or a legal requirement to disclose.

The right of a client to withhold from disclosure confidential communications with a legal adviser made for the purpose of obtaining legal advice or in litigation.

A duty of utmost good faith and loyalty owed by a person in a position of trust, requiring them to act in another's best interests and not to profit from their position.

A label for settlement communications made in a genuine attempt to resolve a dispute, which generally cannot be admitted in evidence without the consent of both parties.

A formal written statement of a party's case, setting out the material facts and legal grounds relied upon, which defines the issues for trial.

A previous judicial decision that a court must follow when deciding a later case with materially similar facts, subject to hierarchy and distinguishing.

The legal principle or rule upon which a court's decision is based, which binds lower courts in subsequent cases involving the same material facts.

Statements of law made by a judge that are not essential to the decision, which are persuasive but not binding in later cases.

The doctrine that courts should stand by decided matters and follow earlier rulings, promoting certainty and consistency in the law.