UK Legal Terms E-H

E

Easement — A right benefiting one landowner over another’s land, such as a right of way or a right to light. Easements may be created expressly, by implication, by prescription (long use), or by statute. An easement must accommodate the dominant tenement (benefit the land), not merely confer a personal benefit.

Equity — A body of law developed in the Court of Chancery to supplement the common law. Equity operates according to maxims and provides remedies including injunctions, specific performance, and rectification. Where equity conflicts with common law, equity prevails.

Estoppel — A doctrine preventing a person from asserting a right or fact that is inconsistent with a previous position. Promissory estoppel (made in Central London Property Trust Ltd v High Trees House Ltd) prevents a promisor from going back on a promise where the promisee has relied on it. Proprietary estoppel arises where a landowner encourages another to act to their detriment in the expectation of acquiring an interest in land.

Ex Parte — A legal proceeding brought by one party in the absence of the other, typically used for urgent applications such as interim injunctions. The applicant must make full and frank disclosure of all material facts. The other party may later apply to set aside the order.

Executor — A person appointed by a will to administer the deceased’s estate. The executor collects the assets, pays debts and taxes, and distributes the estate to the beneficiaries. An executor derives authority from the will and must obtain a grant of probate from the Probate Registry.

Ex turpi causa non oritur actio — The illegality principle: no action arises from a base cause. A claimant cannot recover damages arising from their own illegal conduct. This defence may bar claims in contract and tort where the claim is closely connected to criminal or immoral conduct.

F

Fiduciary Duty — The duty of a person in a position of trust to act in the best interests of another. Trustees, company directors, solicitors, and agents owe fiduciary duties. Breach of fiduciary duty gives rise to equitable remedies including account of profits and rescission.

Freehold — The most complete form of ownership of land in English law, conferring indefinite duration and the right to possess the land. Freehold ownership is registered at HM Land Registry and can be sold, mortgaged, or leased.

Frustration — The doctrine discharging a contract where, after formation, a supervening event renders performance impossible, illegal, or radically different from what was contemplated. The contract is automatically terminated and the parties are discharged from further performance. The Law Reform (Frustrated Contracts) Act 1943 governs the financial consequences of frustration.

Fundamental Rights — Rights protected under the Human Rights Act 1998, derived from the European Convention on Human Rights. These include the right to life, freedom from torture, right to a fair trial, respect for private and family life, freedom of expression, and freedom of assembly.

Freezing Order — Formerly known as a Mareva injunction, a court order preventing a defendant from disposing of or dealing with assets pending trial. Freezing orders are granted to prevent the dissipation of assets and are subject to strict conditions including full disclosure by the applicant.

G

Garnishee Order — A court order requiring a third party owing money to a judgment debtor to pay the money directly to the judgment creditor. Garnishee orders are used to enforce money judgments by attaching debts owed to the judgment debtor.

Gazumping — A situation in which a seller accepts a higher offer after previously agreeing to sell to another buyer, despite negotiations being advanced. Gazumping is legal in England and Wales because agreements for the sale of land are not binding until contracts are exchanged.

Golden Rule — A rule of statutory interpretation allowing courts to depart from the literal meaning of words where that meaning leads to an absurd result. The golden rule is applied where the literal rule would produce an outcome that Parliament could not have intended.

Goodwill — The reputation and customer connection of a business, recognised as an intangible asset. Goodwill may be personal (attached to an individual) or inherent (attached to the business location or name). It is often the most valuable asset of a professional practice.

H

Habeas Corpus — A prerogative writ requiring a person detained to be brought before a court to determine the legality of their detention. Habeas corpus is a fundamental safeguard of personal liberty and may be sought by any person who believes they are unlawfully detained.

Hearsay — An out-of-court statement admitted as evidence of the truth of its contents. The Criminal Justice Act 2003 governs hearsay in criminal proceedings, allowing admissible hearsay where specified conditions are met. In civil proceedings, hearsay is generally admissible under the Civil Evidence Act 1995.

High Court — The superior court of first instance in England and Wales, divided into the King’s Bench, Chancery, and Family Divisions. The High Court has unlimited jurisdiction in civil matters and supervises lower courts and tribunals through judicial review.

Holding Company — A company that controls another company through ownership of a majority of its shares. The holding company may exercise control over the subsidiary’s board and strategic decisions. Group accounts must be prepared showing the financial position of the holding company and its subsidiaries.

Human Rights Act 1998 — The statute incorporating the European Convention on Human Rights into UK law, enabling domestic courts to enforce Convention rights. The Act requires courts to interpret legislation compatibly with Convention rights and permits declarations of incompatibility where that is not possible.