areas of law definitions
Areas of Law definitions
To find the right barrister for your legal problem, you will need to identify which area of law your problem falls into. Scroll though the list of areas of law below. Click on an area to be taken to its definition.
Overlap between different areas of law
Inevitably, there will be some overlap between the different areas of law, meaning your case could fall into a number of different categories e.g. a package holiday which went wrong might involve contract law, consumer law and personal injury. The best approach if you find this is your situation is to try to identify whether there is a core issue in the case, with the other areas being peripheral. If there is, search under this area and then look for barristers who also do the additional areas.
If you are not sure which area to search under, then simply chose any one of them and search using that one. The chances are you are likely to find that many of the areas you are considering are covered by the same barristers.
1. Banking and Financial Law
2. Building and Construction Law
3. Charities Law
4. Commercial Landlord and Tenant Law
5. Commercial Law
6. Company Law
7. Conflicts of Laws
8. Consumer Law
9. Contract Law
10. Criminal Law
11. Employment Law
12. Environmental Law
13. Family Law
15. Government & Judicial Review Law
16. Housing/Residential Landlord and Tenant Law
17. Human Rights and Civil Liberties Law
18. Immigration Law
19. Insolvency and Bankruptcy Law
20. Insurance Law
21. Intellectual Property Law
22. Land Law and Property Law
23. Libel and Slander Law
24. Licensing and Gambling Law
25. Media and Entertainment Law
26. Negligence, Nuisance and Other Torts
27. Partnership Law
28. Pensions Law
29. Personal Injury Law
30. Planning Law
32. Regulatory and Disciplinary Law
33. Shipping, Admiralty & Aviation Law
34. Social Security and Welfare Law
35. Tax Law
36. Trusts Law
37. Wills, Probate and Administration of Estates Law
AREAS OF LAW
1. Banking and Financial Law
Banking and financial law covers numerous areas relating to financial institutions, in particular, the relationship between banker and customer; payment and collection of cheques and the protection and duties of the banks involved. This area also covers lending and securities, and guarantees. Although mortgages are covered, mortgage law also forms an important part of property law. Banking and financial law also includes the regulation of banks, other financial institutions and financial services and operation of financial markets and exchanges.
2. Building and Construction Law
Building and construction law relates to all types of disputes which might arise during a building project, from conservatories to large commercial redevelopments. The law covers disputes between customer and builder, builders and sub-contractors, disputes with architects, surveyors and engineers. Often building and construction disputes involve complaints about the standard and quality of construction work or delay in getting the job done.
3. Charities Law
This covers questions such as whether or not an institution or trust is a charitable institution, questions relating to the use of charitable property, administration of charities, taxation and regulation etc.
4. Commercial Landlord and Tenant Law
This includes all aspects of commercial leases. Commercial landlord and tenant law covers the creation of commercial leases and the resolution of any disputes which may arise during the term such as rent arrears or disrepair problems. In addition, commercial landlord and tenant law will determine whether or not a tenant is liable for dilapidations at the end of the term; whether a business tenant can obtain a new lease at the end of his term and the liability of the landlord to compensate the tenant for any improvements that he may have made.
5. Commercial Law
Any claim in connection with general trade and commerce, including business documents and contracts; carriage of goods by air, sea and land; import and export of goods; exploitation of oil and gas; insurance and reinsurance business agency and arbitration
6. Company Law
Company law is the law relating to the creation and regulation of different types of company, company powers and administration, directors’ powers and duties and shareholder rights. In addition, company law includes questions regarding mergers and dissolution of companies.
7. Conflicts of Laws
This is the interrelationship of laws of different countries. A “conflicts of laws” point arises where a case has a foreign element e.g. the person you wish to sue lives in Spain or the accident about which you wish to complain happened abroad. The conflicts of law rules determine whether or not the English Court has jurisdiction and which system of law should be applied to the case. Conflicts of laws also deals with enforcement of foreign judgments.
8. Consumer Law
This covers a wide range of areas in which the common element is a relationship between two parties, one who obtains goods or services when he is not acting in the course of his business from another party who is acting in the course of his business. Consumers often obtain greater legal protection when entering into contracts for example a consumer may have a right to avoid unfair terms or cancel the contract. Consumer law includes holiday law (ie disputes arising out of a package holiday or flights); consumer credit agreements; hire purchase contracts; consumer hire agreements; defective products; general product safety and unfair contract terms.
9. Contract Law
A contract is a binding agreement between two parties. Contract law covers the formation of contracts, formalities, breach of contract, bringing a contract to an end because of misrepresentation; mistake, enforceability of contracts and agency. In addition, contract law determines the remedies available for breach of contract.
10. Criminal Law
Criminal law relates to the prosecution of people for committing crimes ie unlawful acts against the public. Individuals are generally prosecuted by the state or local government body. Criminal law covers all aspects of the substance of criminal offences, criminal procedure and sentencing.
11. Employment Law
This covers the whole of the employment relationship including questions of unfair dismissal; discrimination in the work place; trade unions; strikes; protection of employees on the transfer of undertakings; redundancy; maternity rights; unlawful deductions from wages and equal pay.
12. Environmental Law
This covers all aspects of public nuisance and protection of the environment. In particular, this covers issues regarding pollution of rivers, streams, the air and land which interfere with the health and safety of the public at large. This would also cover environmental health issues such as hygiene at restaurants
13. Family Law
Family law includes matrimonial cases such as divorce and financial division of assets on divorce, adoption, fostering and local authority care; rights of the absent parent to have contact with children; questions of who a child should live with; parental responsibility and parental rights; non-molestation orders/injunctions; occupation orders/injunctions. Family law also covers questions arising out of a civil partnership.
14. Farming and Agriculture LawAll aspects of the law relating to agriculture, farms and farming, including agricultural leases, agricultural holdings and quotas.
15. Government & Judicial Review Law
Challenge to decisions of government or other administrative bodies such as local education authorities with a view to requiring that body to reconsider its decision and/or be required to carry out some action, or be prohibited from some action.
16. Housing/Residential Landlord and Tenant Law
All aspects relating to housing needs and the relationship between a tenant and the landlord of his home. This covers matters such as liability for disrepair; recovery of rent arrears; security of tenure i.e. whether the tenant can remain in the property after the term of the tenancy has expired; recovery of possession of the property; rights to manage and disputes about service charges. Landlord and Tenant also includes questions regarding commonhold and cases where long leaseholders wish to purchase the freehold of the property in which they live or extend their lease (leasehold enfranchisement). Housing law also covers the rights of local authorities in certain circumstances to obtain injunctions removing persons from their property or the provision of temporary accommodation for homeless persons.
17. Human Rights and Civil Liberties Law
Minimum standards guaranteed to all citizens by the Human Rights Act 1998 and the European Convention on Human Rights. Human rights law involves protection of individuals against abuse of human rights by the state and the extent to which human rights are enforceable.
18. Immigration Law
Claims to asylum; leave to enter or remain in the UK; questions of citizenship and nationality; removal or deportation from the UK and other similar questions regarding status of foreign nationals in the UK.
19. Insolvency & Bankruptcy Law
Insolvency arises where a person or company has insufficient assets to pay their debts. In the case of a private individual this is known as bankruptcy; in the case of a company it is know as liquidation, which follows a winding up order. Barristers who practice in insolvency will also cover a situation where a company or individual is in financial difficulties which may lead to a company voluntary arrangement or an administration order (in the case of companies) or an individual voluntary arrangement in the case of an individual. Challenges to statutory demands, which must be served before a bankruptcy petition is presented, are also covered by the field of insolvency law.
20. Insurance Law
This is the law which covers the contract between the insurer and the insured and in particular the formation of the contract, full disclosure of facts, extent of cover and construction of the insurance policy and whether or not the contract might be avoided for any reason and whether the damage complained of was caused by an insured risk. Other issues include reinsurance (the passing of risk by an insurance company to a second insurance company for a fee)
21. Intellectual Property Law
This covers patents, trade marks, copyright, passing off, registered and unregistered design rights, moral rights, and confidentiality of industrial information. It protects intangible rights related to the expression of ideas.
22. Land Law and Property Law
Land and property law encompass all aspects of ownership and rights in and over land. Particular land law issues which may arise include: mortgage arrears and repossessions; boundary disputes; creation, user and obstruction of rights of way; right to light; rights of occupation; water rights; common land and restrictive covenants.
23. Libel and Slander Law
A dispute which relates to the publication of a statement either in writing or spoken which tends to lower a person in the estimation of right thinking members of society. There are defences to a claim of libel on the ground of justification, privilege or truth or fair comment.
24. Licensing and Gambling Law
This encompasses licensing of sale of alcohol for consumption both on and off premises and gambling, betting and taxi licences and any issues arising out of these matters such as the granting, limiting, transferring or withdrawal of licenses in any of these areas.
25. Media and Entertainment Law
This includes a range of matters from sport, television, film and newspapers. Media law includes contractual disputes and issues regarding defamation (libel and slander) breach of confidence and privacy and contempt of court. In addition, sports law includes defence of sportsmen before disciplinary bodies.
26. Negligence, Nuisance and Other Torts
This is a broad category which covers all civil wrongs (“torts”).
Negligence is where one person’s careless acts have caused another person to suffer loss and damage. A typical example of a simple negligence case is a road traffic accident where it is alleged that a driver failed to drive with reasonable care and skill which caused the accident. Specialist forms of negligence such as professional negligence which includes medical negligence, solicitors negligence, negligence by surveyors, architects etc is covered under “professional negligence”.
Nuisance is the unreasonable interference with the use and enjoyment of an occupier of land by the occupier of another piece of land. Nuisance includes interference with enjoyment by excessive noise, smoke, dust, fumes, smells.
Other torts include trespass to land, unlawful interference with goods (for example where goods are stolen or lost whilst in someone else’s care) and assault. The different types of civil wrongs are too numerous to mention here. Some have been dealt with elsewhere (eg libel and slander). In general, no contract is needed to bring a claim in tort but there must have been an interference with another person’s rights.
27. Partnership Law
A partnership is a group of two or more people who have formed an association to carry on business with a view to a profit. Partnership law covers issues as to the formation of partnerships, disputes between partners, retirement of partners and dissolution of partnerships.
28. Pensions Law
Pensions law includes the creation, administration, management, operation and dissolution of private and occupational pension funds. It does not include issues which may arise regarding the state pension, which would be covered by Social Security and Welfare Law.
29. Personal Injury Law
This includes cases where individuals have been injured as the result of the negligence or with the fault of another person, whether in a road traffic accident, by tripping at work or on the highway or otherwise.
30. Planning Law
Planning law regulates conservation, development and redevelopment and the use of land in general. In particular, planning issues include: compulsory purchase of land; planning appeals; public inquiries; control of waste; enforcement of planning restrictions.
31. Professional Negligence Law
Professional negligence disputes relate to a claim that a professional has not acted with reasonable care and skill with the result that a person has been caused loss. Professional negligence claims are usually made against solicitors, barristers, architects, surveyors, engineers accountants, estate agents, financial advisers, actuaries, doctors and dentists.
32. Regulatory and Disciplinary Law
This area covers the work of regulatory bodies (such as the Financial Services Authority and Solicitors Regulation Authority) now found in most areas in which a service is being provided to the public. These bodies oversee the work of professionals and other such service providers, aiming to ensure that they comply with uniform standards of competence and integrity.
When these standards are not met, disciplinary sanctions follow before disciplinary tribunals. Lawyers advise and represent regulatory bodies and defendants before disciplinary tribunals, as well as advise on compliance with rules and standards generally or in relation to particular transactions.
33. Shipping, Admiralty & Aviation Law
Concerns civil cases relating to ships and shipping, for example cases arising out of collisions of ships, seizure of enemy ships and cargos, salvage claims, and claims arising out of charterparty.
Aviation law relates to the finance, administration and licensing of airplanes; aerodromes and land; and carriage by air.
34. Social Security and Welfare Law
All matters relating to the right to receive state benefits and social care. Particular issues which may arise would include challenges to decisions relating to removal or reduction of state benefits or aspects of social care. Health and safety at work is also covered by welfare law.
35. Tax Law
Assessment, liability, enforcement and tax planning in relation to all aspects of taxation namely: income tax; capital gains tax; inheritance tax; corporation tax; VAT; stamp duty; stamp duty land tax; betting and gaming duties. Some barristers may specialize in advising on some of these – such as the capital tax i.e. capital gains tax, inheritance tax; stamp duty and stamp duty land tax.
36. Trusts Law
A trust is a method of holding property so that the legal and beneficial ownership is separated. A trust may be set up under which a person has a limited interest i.e. they only have a life interest or where for example the trustees (legal owners of the property) may have a discretion as to whether or not they pay property to any one of a number of individuals interested under the trust. Trusts arise in a wide variety of situations including joint ownership of houses; charitable trusts; trusts for the benefit of individuals and pension trusts. Trust law issues may arise even if there is no express trust for example where money has been misappropriated. Trust law covers the creation of the trust; powers and duties of the trustees; the administration of the trust; the rights of the beneficiaries; variation of the trust; questions of validity of a trust; termination of trusteeship; retirement of trustees; questions of recovery of property and bringing the trust to an end.
37. Wills, Probate and Administration of Estates Law
All aspects relating to issues which arise when planning for distribution of property on death and issues arising after death. Questions which arise under this heading when drafting a will include drafting it in a tax efficient manner. Questions which arise post death include: challenges to the will on the grounds of lack of capacity or want of knowledge and approval or on the ground that the testator was pressurized into making a will; whether the will was revoked by marriage and questions as to the interpretation of wills and advice as to the way in which the estate should be distributed. In addition, questions of administration of estates cover how to deal with an estate where a person did not leave a will and how to deal with locating beneficiaries and creditors and protecting the person administering the estate. The law of probate and administration of estates also covers any claim that a beneficiary may wish to bring against the personal representative for failures in the manner in which he has administered the estate.
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