- action
means any civil proceedings commenced by writ or in any other manner prescribed by rules of court;
- administration
includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes;
- affidavit
has the same meaning as in the Commissioners for Oaths Act 1889.”
- appeal
includes the hearing of, or any application in proceedings incidental or preliminary to, an appeal.
- approved regulator
has the meaning given by section 20 of the Legal Services Act 2007;
- arbitration agreement
has the same meaning as it has in the Part I of the Arbitration Act 1996;
- cause
means any action or any criminal proceedings;
- charges
means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage.
- civil proceedings order
means an order that— • “criminal proceedings order” means an order that—
- collision regulations
means safety regulations under section 85 of the Merchant Shipping Act 1995;
- court
means a court of that division.
- criminal proceedings order
means an order that—
- Crown Court rules
means rules of court made under section 84.
- defendant
means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
- Deposit-taker
means a person who may, in the course of his business, lawfully accept deposits in the United Kingdom.
- divisional court
(with or without capital letters) means a divisional court constituted under section 66;
- estate
means real and personal estate, and “real estate” includes— (a) chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, and (b) real estate held on trust or by way of mortgage or security, but not... money secured or charged on land;
- fine
includes a penalty imposed in civil proceedings.
- goods
includes baggage;
- grant
means a grant of probate or administration;
- holder of relevant office
means a person who holds...—
- impugned act
means the thing (or purported thing) being quashed by the quashing order;
- inland waters
includes any part of the sea adjacent to the coast of the United Kingdom certified by the Secretary of State to be waters falling by international law to be treated as within the territorial sovereignty of Her Majesty apart from the operation of that law in relation to territorial waters;
- intellectual property
means any patent, trade mark, copyright, design right, registered design, technical or commercial information or other intellectual property;
- judge of the Senior Courts
means— (a) a judge of the Court of Appeal other than an ex-officio judge within paragraph (b) or (c) of section 2(2), or (b) a judge of the High Court, and accordingly does not include, as such, a judge of the Crown Court;
- judgment
includes a decree;
- jurisdiction
includes powers;
- limits of a port
means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;
- master
has the same meaning as in the Merchant Shipping Act 1995, and accordingly includes every person (except a pilot) having command or charge of a ship;
- matter
means any proceedings in court not in a cause;
- non-contentious or common form probate business
means the business of obtaining probate and administration where there is no contention as to the right thereto, including— (a) the passing of probates and administrations through the High Court in contentious cases where the contest has been terminated, (b) all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and (c) the business of lodging caveats against the grant of probate or administration;
- personal injuries
includes any disease and any impairment of a person’s physical or mental condition.
- plaintiff
means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
- port
means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under an Act to make charges in respect of ships entering it or using the facilities therein, and “limits of a port” means the limits thereof as fixed by or under the Act in question or, as the case may be, by the relevant charter or custom;
- prescribed
means— (a) except in relation to fees, prescribed by rules of court;...
- Principal Registry
means the Principal Registry of the Family Division;
- probate rules
means rules of court made under section 127;
- proceedings
includes the administration of estates and trusts.
- property
includes any land, chattel or other corporeal property of any description;
- qualifying judge advocate
means— (a) the Judge Advocate General;
- rate or tax
means any rate, tax, duty or liability, whether public, general or local, and includes—
- real estate
includes— (a) chattels real and land in possession, remainder or reversion and every interest in or over land to which the deceased person was entitled at the time of his death, and (b) real estate held on trust or by way of mortgage or security, but not... money secured or charged on land;
- relevant defect
means the defect, failure or other matter on the ground of which the court is making the quashing order.
- required oaths
means— as set out in the Promissory Oaths Act 1868.
- Rules of the Senior Courts
means rules of court made by the Senior Courts Rules Committee.
- Salvage Convention 1989
means the International Convention on Salvage, 1989 as it has effect under section 224 of the Merchant Shipping Act 1995;
- section 6 proceedings
has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).
- sentence
includes any order made by a court when dealing with an offender, including—
- ship
includes any description of vessel used in navigation and (except in the definition of “port” in section 22(2) and in subsection (2)(c) of this section) includes, subject to section 2(3) of the Hovercraft Act 1968, a hovercraft;
- solicitor
means a solicitor of the Senior Courts;
- special rules
means rules applying to proceedings of any particular kind in the Senior Courts, being rules made by an authority other than the Civil Procedure Rule Committee, the Family Procedure Rule Committee or, the Criminal Procedure Rule Committee... under any provision of this or any other Act which (in whatever words) confers on that authority power to make rules in relation to proceedings of that kind in the Senior Courts.
- statutory provision
means any enactment, whenever passed, or any provision contained in subordinate legislation (as defined 0 in section 21(1) of the Interpretation Act 1978), whenever made;
- the 1925 Act
means the Senior Courts of Judicature (Consolidation) Act 1925.
- the appropriate authority
means— (a) the Lord Chief Justice or a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) nominated by him to exercise his functions under this section, or (b) at any time when the Lord Chief Justice or the nominated judicial office holder is unable to make such a request himself, or there is a vacancy in the office of Lord Chief Justice, the Master of the Rolls;
- the Commissioners
means the Commissioners of Inland Revenue
- the Director of Legal Aid Casework
means the civil servant designated under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
- the Rhine Navigation Convention
means the Convention of the 7th October 1868 as revised by any subsequent Convention;
- this or any other Act
includes an Act passed after this Act.
- trust corporation
means the Public Trustee or a corporation either appointed by the court in any particular case to be a trustee or authorised by rules made under section 4(3) of the Public Trustee Act 1906 to act as a custodian trustee;
- wasted costs
means any costs incurred by a party—
- will
includes a nuncupative will and any testamentary document of which probate may be granted.