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Glossary—Latin legal terms

Glossary—Latin legal terms Despite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order: Latin term Definition Meaning Acta iure imperii Legal acts of public nature Liability of the state for actions or omissions in the exercise of state authority Bona Fide In good faith A Bona Fide agreement is one entered into without intent to deceive Caveat Take care/caution A legal notice to the court to prevent another party taking action without informing the person who gave the notice Compos Mentis Of sound mind Legally fit to conduct the claim De Facto In fact As a matter of fact Ex Gratia As a matter of favour An ex gratia payment is made without any legal or contractual obligation to do so Ex Parte By a party An ex parte application is made to the court by one party in the absence or without...

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Forming enforceable contracts—consideration

Forming enforceable contracts—consideration This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable. A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as 'consideration'. This Practice Note considers what amounts to valid consideration. Note: settlement offers made under CPR Part 36 operate outside the general rules of contract law and are governed by the specific regime set out in CPR 36. See Practice Notes: Part 36 offers—what are they, why make them? and Part 36 offers—how to make a valid Part 36 offer. For guidance on the specific requirements for documenting promises by way of a deed, see Practice Note: Deeds. What is consideration? Consideration is a key ingredient for an enforceable contract. It is concerned with what one party gives or promises in exchange for a promise or performance from another party. It requires 'something...

Limitation of actions in Scotland

Limitation of actions in Scotland This Practice Note considers the law of limitation in Scotland. For guidance on: • the law of prescription in Scotland, see Practice Notes: Prescription in Scotland and Short negative prescription in Scotland—the prescriptive period for obligations to make reparation/pay damages • other issues to consider before bringing a civil claim in a Scottish court and how to start and progress a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance • other aspects of Scottish civil litigation, see: Scottish DR: civil appeals and judicial review—overview, Scottish DR: enforcement—overview and Scottish DR: settlement and ADR—overview, which link through to detailed guidance on specific aspects of dispute resolution in Scotland • other key areas of Scots law and procedure, see our Scotland toolkit • the closest equivalent in England and Wales, see: Limitation: general—overview which, as well as giving an overview of this topic, links through to more...

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Commercial weekly highlights—2 May 2024

This week's edition of Commercial weekly highlights includes: commentary on the decision in Ayhan Sezer v Agroinvest which sets out the approach for identifying the date of default for the purposes of the Grain and Free Trade Association standard form default clause in an anticipatory repudiatory breach situation, analysis of a case involving Meta Platforms and Austrian privacy campaigner, Max Schrems, where the Court of Justice of the European Union opined that under the EU General Data Protection Regulation social media companies cannot process data for personalised advertising indefinitely, and news that the Product Security and Telecommunications Infrastructure (Security Requirements for Relevant Connectable Products) Regulations 2023 have come into force.

The date of default for cases of anticipatory repudiatory breaches of contract (Ayhan Sezer v Agroinvest)

Commercial analysis: In the case of Ayhan Sezer v Agroinvest, HHJ Pearce, sitting as a judge of the High Court in the London Circuit Commercial Court, had to grapple with the apparent tension between an obiter dictum of Lord Sumption in Bunge SA v Nidera and earlier decisions of the courts setting out the approach to the identification of the date of default for the purposes of the Grain and Feed Trade Association (GAFTA) standard form default clause in the context of a claim for damages based on an anticipatory (and not actual) repudiatory breach of contract. This tension was well-known to international trade and commodities practitioners, and the point under consideration had arisen in previous GAFTA disputes. The case, therefore, represents much needed judicial clarity on this important issue. Written by Paul Toms KC barrister at Quadrant Chambers.