ILE key terms

The doctrine that a court must follow the legal principles established by earlier decisions of higher courts in the same hierarchy, giving the law consistency and predictability.

The essential legal reason or principle on which a court's decision rests. It binds lower courts in later cases with materially similar facts.

Observations by a judge that are not necessary to the decision reached. They do not bind later courts but may be persuasive, especially when made by senior judges.

A High Court procedure for challenging a public body's decision on grounds such as illegality, irrationality or procedural unfairness. It examines how the decision was made, not usually whether it was right.

Meaning 'beyond the powers'. An act is ultra vires when a body such as a local authority or company does something outside the authority given by statute or its constitution, making the act invalid.

A client's right to prevent disclosure of confidential communications with a legal adviser made for the purpose of seeking legal advice, and of communications prepared for contemplated litigation.

A situation in which a lawyer's own interests, or the interests of another client, may compromise the duty to act in a particular client's best interests. It must be identified and managed, or the work declined.

The duty not to reveal information about a client's affairs learned during the professional relationship, unless the client authorises disclosure or the law requires or permits it.

A clear promise given by a lawyer or firm to do or refrain from doing something. It is binding on the firm, must be honoured, and can be enforced by the court or the regulator.

The process of disguising the criminal origin of money so that it appears legitimate. Lawyers must verify client identity, keep records and report suspicious activity to the authorities.

A clear and certain statement of the terms on which a person is prepared to be bound, made with the intention that it becomes a contract if accepted.

Unqualified agreement to every term of an offer, communicated to the offeror. Once acceptance takes effect, a binding contract is formed.

Something of value given by each party in exchange for the other's promise, such as money, goods or a promise to act. It must be sufficient but need not be adequate.

A false statement of fact or law made by one party before the contract which induces the other party to enter into it, giving rise to remedies such as damages or rescission.

The automatic ending of a contract when an unforeseen event beyond the parties' control makes performance impossible, illegal or radically different from what was originally agreed.

A contract term that attempts to exclude or limit one party's liability. It must be properly incorporated, cover the loss claimed and comply with statutory controls on unfair terms.

The external or conduct element of a crime, such as a physical act, a failure to act where a duty is owed, or a prohibited state of affairs.

The mental element of a crime, such as intention, recklessness or negligence, which the prosecution must normally prove in relation to the prohibited conduct.

The level of certainty needed to establish a case: beyond reasonable doubt in criminal proceedings, and on the balance of probabilities in civil proceedings.

The release of a suspect or defendant from custody before trial or sentence, with or without conditions. Refusal must be justified on grounds set out in statute.

Occupation of another person's land without permission which, after a set period and compliance with the registration rules, may allow the occupier to claim ownership.

A right benefiting one piece of land by allowing its owner limited use of another's land, such as a right of way, or by restricting how that land may be used.

A promise made by deed that restricts how a piece of land may be used, for the benefit of other land. It can be enforced in equity against later owners.

A system in which ownership of land and the interests affecting it are recorded in an official register, so title is proved by the register rather than by title deeds.

The stage at which buyer and seller become legally bound to complete a property sale, usually by signing and swapping identical contracts; afterwards neither may withdraw freely.

An arrangement in which one person, the trustee, holds legal ownership of property for the benefit of another, the beneficiary, and must act in that beneficiary's interests.

A trust imposed by the court regardless of the parties' intentions, where it would be unconscionable for the legal owner to deny another person's beneficial share, often based on a common intention.

A duty of loyalty owed by a person in a position of trust, such as a trustee or agent, requiring them to act in the beneficiary's interests and not to profit from the position without authority.

An official document, either a grant of probate or letters of administration, confirming the personal representatives' authority to collect in and distribute a deceased person's estate.

The position where someone dies without leaving a valid will, so that the estate is distributed according to fixed statutory rules rather than the deceased's wishes.

The agreement between lawyer and client that defines the scope of the work, the basis of charging and each side's responsibilities, and which establishes the lawyer's authority to act.

The firm's documented process for dealing with client complaints, which must be explained at the outset and must tell the client about the Legal Ombudsman if the complaint is not resolved.

A client's agreement to a proposed step, given after receiving clear information about the risks, available alternatives and likely costs, so the decision is genuinely the client's.

A bank account holding money belonging to clients rather than the firm, kept separate from the firm's own funds and subject to strict accounting and record-keeping requirements.

A record listing the risks a practice faces, with an assessment of how likely and how serious each is, the controls in place and the person responsible for managing it.

A document setting out how a firm will maintain or quickly restore essential services after disruption, such as power failure, cyber attack, fire or loss of key staff.

Reviewing your own work and experiences to identify what went well, what should change and what you have learned, usually recorded as evidence of professional development.

Planned learning and training undertaken throughout a career to keep knowledge and skills up to date, recorded with evidence of the activity and what was gained from it.

A collection of work-based records, such as file notes, draft documents and supervisor statements, showing that required competences have been demonstrated in real client work.

Oversight of a trainee's or junior colleague's work by a qualified, experienced person, including file reviews and feedback, to protect clients and maintain standards.