Close

The Great Divide

The Great Divide

Two countries separated by a common language


The Great Divide
England and America are two countries separated by a common language.
– George Bernard Shaw

US and UK lawyers all claim to speak English, but sometimes it's not the same language. These pages highlight some examples where US and British English differ in the field of law.

    • Licence vs. License

    • The spelling of the noun is different in British and American English. A licence (UK)/ license (US) is an official document which gives you permission to own, do or use something. The spelling of the verb in both British and American English is license. To license someone is to give them official permission to own, do or use something [...]
    • Licence vs. License

    • Attorney General

    • In the UK (the Advocate General in Scotland) an attorney general is one of the Law Officers, a Member of Parliament, who prosecutes for the Crown in certain cases, advises government departments on legal problems and decides if major criminal offences should be tried. The attorney general is politically appointed and changes when the government changes. In the US, the attorney general has the same function as in the UK but there is one federal attorney general and one attorney general f [...]
    • Attorney General

    • Managing Director vs. CEO

    • In the UK, the person who is responsible for the day-to-day management of the company's business is called the Managing Director. He is one of the officers specifically named in the Companies Act (the other being the company secretary). In the US, this person is called the Chief Executive Officer ("CEO"). The title"Chief" is also used in many of the other titles which are given to persons responsible for various duties within a company in the US, e.g. Chief Financial Office ("CFO"), Chief Operat [...]
    • Managing Director vs. CEO

    • Collateral vs. Security

    • Collateral is the term often used in the US to describe property which is pledged as security for the satisfaction of a debt. In this context, collateral is an additional security which is intended to ensure the performance of the principal obligation and which is forfeited in the event that the obligation is not performed. In the UK, the term security is used. Property is provided "as security" but the property which is pledged is also called the security. There are no differences in the [...]
    • Collateral vs. Security

    • Stock vs. Share

    • Every person who owns a part of a company receives a form of security representing or signifying that ownership and which amounts to a claim on part of the corporation’s assets or earnings. In the UK, this security is represented by shares whereas in the US it is commonly referred to as stock. There is no substantive difference between a share and a stock – here we are dealing strictly with a difference in terminology. [...]
    • Stock vs. Share

    • Remit

    • It is important to know your audience when using the word remit as the word has different meanings in the US and UK (and consequently for those using one style of English or the other.) In UK English the word remit refers to a set or area of responsibilities. It would therefore be perfectly appropriate to say the following: “Unfortunately, I am unable to supervise the preparation of the company annual accounts as this is outside my remit.” However, in the US, remit means either to res [...]
    • Remit

    • Bankrupt

    • A bankrupt company? In the US it is legally correct to say that a company was unable to pay its debts and was eventually “declared bankrupt.” However in the UK the term “bankrupt” is reserved strictly for individuals. Companies that are unable to pay their debts are legally referred to as “insolvent.” [...]
    • Bankrupt

    • General Meetings

    • When it comes to company meetings held by a company, UK companies and US companies may use different terminology. In the UK, the general meeting held by the company every year is referred to as the annual general meeting or the AGM. Special meetings called to address specific matters are referred to as the extraordinary general meeting or EGM. In the US however, the jargon can be different with the company meeting held every year being called the annual meeting and other ad hoc meetings t [...]
    • General Meetings

    • The Limited Liability Company

    • In the UK, a limited liability company refers to a company limited by shares. The term can be applied to either a private company limited by shares (“Limited” or “Ltd.”) or a public company limited by shares (“plc”). In the US, the term limited liability company refers to a business model with characteristics of both the limited company and partnership. In this model, the members enjoy limited liability and the LLC itself has perpetual existence. Additionally, members enjoy the be [...]
    • The Limited Liability Company

    • Judgment vs. Opinion

    • The judgment of a court is the decision of the court on the particular matter or case. The opinion of the court is the statement of the court setting out their reasoning and the principles of law applied to the particular case. For example: The judgment of the court was based on a long and well-reasoned opinion. [...]
    • Judgment vs. Opinion

    • Spelling

    • The great divide between British English and American English can often be a single letter. The American version of British words that end in “our” often use “or” instead. Consider “honour” and “honor”, “neighbour” and “neighbor” and “behaviour” and “behavior”. Words that end in “re” in UK English often end in “er” in US English. Consider “metre” and “meter”, “centre” and “center”, and “fibre” and “fiber”. However, where the [...]
    • Spelling

    • Corporation vs. Company

    • In the United States, a corporation is a form of doing business in which the liability of shareholders (i.e. the owners of the corporation) for the corporation’s liabilities is limited to the extent of the holding of shares. In Great Britain, a company is a form of doing business in which the liability of members (i.e. the owners of the company) for the company’s liabilities is limited to the extent of the holding of shares. In the United States, a company is a generic term for a legal [...]
    • Corporation vs. Company

    • Charge

    • A charge is an encumbrance, lien or other financial obligation that is attached to some property. In the UK, charge is especially used to denote the document evidencing a mortgage security. A fixed charge refers to a defined set of assets, while a floating charge (sometimes called a chattel mortgage in the US) refers to other assets that change from time to time, e.g. cash or inventory, which become a fixed charge after a default. In which case the floating charge is said to crystallize or attac [...]
    • Charge

    • Attorney

    • In the UK, an attorney is an agent or representative authorised to act on someone else's behalf such as an "attorney-in-fact", or someone with a "power of attorney". In the US, howvever, an attorney is an attorney-at-law, a lawyer. The UK equivalent would be a barrister or a solicitor, depending on the actual profession. [...]
    • Attorney

    • Bring Proceedings

    • In the US, when one commences a process in court one is said to bring proceedings. “If you do not make full payment by the 24th of May, my client has instructed me to bring legal proceedings to recover his claim.” When a party starts legal proceedings in the UK, one is said to issue proceedings. "They are waiting for a final assessment of the damage before they issue proceedings." You can also say: • file proceedings • commence proceedings • institute proceedings [...]
    • Bring Proceedings

    • Letters

    • How American lawyers open and close letters Dear Mr. Dryden: I have never met you, we have had insufficient contact for me to be comfortable using your first name, or we have a rather adversarial relationship. Yours truly, (or) Yours sincerely, (or) Sincerely, Perry Mason Dear Bob: You are an established client or an attorney with whom I have had dealings before. Yours truly, (or) Yours sincerely, (or) Sincerely, Ally McBeal How British lawyers (barristers and solicitors) [...]
    • Letters

    • Unit Trusts vs. Mutual Funds

    • Many people choose to invest in the stock market by buying units or shares in funds that spread the risk by holding bonds or shares in different companies in accordance with a determined investment strategy. Investors buy units in unit trusts in the UK, and they buy shares in mutual funds in the US. [...]
    • Unit Trusts vs. Mutual Funds

    • Insolvent Liquidation

    • In the US, both individuals and companies go bankrupt when they are unable to meet their debts as they become due. In the UK, only individuals go bankrupt; companies are put or placed into insolvent liquidation. [...]
    • Insolvent Liquidation

    • Instructions

    • Naturally, before a lawyer can begin any assignment for a new client, she must be hired and given direction by that client. However, British and American attorneys use different vocabulary to describe this process. In the U.K., the hiring of a solicitor or barrister is referred to as instructions, as in, The in-house counsel instructed the company’s solicitors to commence legal proceedings in the matter. U.S. lawyers, on the other hand, are retained or placed on retainer by clients. Under the [...]
    • Instructions

    • Bylaws

    • In the U.S., bylaws are the administrative provisions for the internal management of a corporation, for example shareholders’ annual meetings, the board of directors, and corporate contracts and loans. Notably, the corresponding document in a UK company is called the articles of association and it contains similar provisions. In the UK, by-laws are a type of delegated legislation in the form of regulations or ordinances made by local authorities pursuant to powers given to them through Act [...]
    • Bylaws