Penalty clause
A contractual clause that imposes a disproportionate monetary penalty on one party for breach of contract in order to obtain strict compliance by coercion. In contract law generally penalty clauses are void and unenforceable.
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Perception discrimination
Direct discrimination includes discrimination because of perception. For example, if a heterosexual man is refused the opportunity for promotion because he is wrongly perceived to be gay he may have a claim based on perception discrimination. Perception discrimination does not apply to pregnancy and maternity or marriage and civil partnership.
Personal service
Arranging for the documents to be handed over personally to the party concerned.
Pleadings, to plead
Pleadings are the documents that set out each party’s case (statements of case) and any additional information. To plead something is to put it into any of these documents.
Power of arrest
Where the police can arrest someone for breaching a court order.
Pre-action disclosure
Disclosure before proceedings have started.
Pre-action protocol
Procedure for initiating a civil claim.
Pre-hearing review
This was a form of meeting to determine a substantive point before the main hearing. Pre-hearing reviews were formerly used to strike out the whole or part of a claim or response or to require the payment by a party of a deposit if their case appeared weak. Pre-hearing reviews no longer exist as such […]
Pre-trial checklist
Checklist completed by each party to enable the court to list the claim for trial.
Precedent
The courts decide cases by applying the law to given facts. There is a hierarchy of courts. Each level of court is compelled to follow legal principles and interpretations (precedents) set by higher level courts unless a case can be “distinguished” on its facts. Where no higher level decision exists, the courts follow the interpretation […]