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A
Acknowledgment of service
The reply to a claim to confirm it will be replied to.
Adjudication
A form of Alternative Dispute Resolution (ADR) - the decision is binding
Adjournment
Relates to a court hearing which has been paused and relisted to a future date
ADR
Alternative Dispute Resolution (any method of resolving a dispute outside of litigation)
Advocacy
To appear at a court hearing and speaking to a Judge
Allocation
A judge decides which track a claim should be on (e.g. small claims, fast track, multi track)
Appeal
Where you challenge a Judge’s decision either on a point of law or procedure
ATE
"After The Event” insurance (for no win no fee cases) to cover adverse costs
B
Barrister
A type of lawyer who offers advocacy (appears at court for hearings)
Beneficial interest
The right to a share of property or right to occupy despite not owning it
Bona fide
Latin term for “in good faith” or “the real thing”.
Burden of proof
The evidential standard to proof a case or a defence.
C
Case Summary
A legal document setting out a summary of the dispute for each party
CCJ
County Court Judgment (granted to a winning party)
CFA
Conditional Fee Agreement (no-win-no fee agreement)
Charging order
A restriction on property title deeds
Chattels
Personal belongings that can be moved
Chronology
A document setting out a timeline of events
CMC
Case Management Conference (an interim hearing to discuss directions/dates)
CNBC
Civil National Business Centre (where claims are issued)
Counsel
Another word for a barrister (a lawyer who offers advocacy services)
CPR
The evidential Civil Procedure Rules (for civil claims) to proof a case or a defence.
Claimant
The party who starts a claim (previously known as a “plaintiff”)
Consent order
A court document setting out the party’s agreement to the court
Counter-claim
Where a defendant counter-sues the claimant in the same claim
D
Defendant
a type of lawyer who offers advocacy (appears at court for hearings)
Detailed assessment
the right to a share of property or right to occupy despite not owning it
Directions
Procedural court order (tasks and dates) to manage a case to trial
Draft Directions
A party’s preferred set of tasks and dates for the court to consider
Disbursements
Fees paid out by a law firm during legal services
Disclosure
Part of court proceedings where each party exchanges evidence
E
Easement
The right to use the property of another, e.g. a right of way
Encumbrance
A claim or lien on property, e.g. a mortgage
Enforcement
The process of trying to force a party to comply with a court order
Eviction
Being forced out of a property
Executor
The person who administers a will
Ex parte
Latin for “one party”, e.g. a hearing without notice to the other party
Expert evidence
Independent evidence to support a claim or a defence used in court
F
Fast Track
The court procedure for a claim with a value of between £10,000 and £25,000
FDA
First Directions Appointment hearing (financial remedy in a divorce case)
FDR
Financial Dispute Resolution hearing (financial remedy in a divorce case)
Force a sale
An application to court for an order for sale if the other owner disagrees
Form E
A legal document setting out a party’s finances
Form G
Informs the court if the FDA can proceed as the FDA
Fraud
Intentional deceit or dishonesty to obtain money or property
G
Grounds
The basis/cause of action of a claim or an action
H
Habitable
e.g. a tenant’s property must be safe to live in
Harassment
Unwanted conduct designed to cause the victim alarm or distress
Hearsay
second-hand evidence where a witness is saying what others have told them
Help with fees
The process to check your eligibility for a court fee exemption
I
Interlocutory Hearing
A hearing which takes place before the trial (e.g. for an application)
Indemnity
Legal protection against loss or damage caused by one party to another
Injunction
A court order requiring a party to do something or refrain from doing something
Insolvent
Being unable to pay debts as they come due
Intellectual Property
Invisible assets such as a copyright or a trademark
Joint Expert Report
A report agreed by two experts to set out areas of agreement/disagreement
Judgment
A decision made by the court which is binding on the parties
Judgment in default
A decision made in favour of a party due to lack of a defence
Jurisdiction
The remit of the court / the applicable laws involved to a dispute
Kin
A person’s closest living relative
Legal aid
Government funding to help pay legal fees (if eligible)
Legal Ombudsman
An independent body setup to deal with complaints about a lawyer.
Letter Before Action
A demand letter to warn of court action
Lien
A legal right to retain something such as a file of papers or a right to costs
Limitation period
The amount of time a party has to issue a claim at court.
Litigant in person
Someone conducting a case without a lawyer
Litigation friend
A person acting on behalf of a child or a party who lacks mental capacity
Malpractice
Professional misconduct resulting in loss to a client
MCOL
Money Claim Online
Mediation
A form of alternative dispute resolution to help parties reach an agreement
McKenzie friend
A person who offers help to a party in a case
Multi-Track
The court procedure for a claim with a value of £25,000 and above
N1
A claim form for damages (Part 7 of the CPR rules)
N208
A claim for a remedy under Part 8 of the CPR rules
N244
A general application form
N265
A form to comply with directions for “standard disclosure”
N279
A form to tell the court you are discontinuing part or all of a claim
N164
The evidential standard to proof a case or a defence.
N161
Appeal form for a fast-track/multi track case
N180
Small claims directions questionnaire
N181
Fast track/multi-track directions questionnaire
Non-molestation order
A court order to stop a party from harassing/contacting the other.
Obstruction of justice
Interfering with a case, e.g. hiding evidence / threatening a witness
Occupation order
A court order giving the applicant a right to live in a property
Occupational disease
Latin term for “in good faith” or “the real thing”Injury or illness resulting from long term work
Occupational hazard
An inherent danger in someone’s job with a risk of their safety
Omission
A failure to perform an act previously agreed
Order for questioning
A court order forcing a defendant to attend a hearing for questioning .
Part 36
An offer under Part 36 of the Civil Procedure Rules
Particulars of claim
the right to a share of property or right to occupy despite not owning it
Penal notice
A warning of a fine or prison unless a party complies
Possession order
A court order for a property, a vehicle or an item to be handed back
Practice Direction
Supplements the Civil Procedure Rules (guidance)
Pre-Action Protocol
A set of rules to comply with pre-litigation
Prima Facie
A latin term for “on the face of it”
Privilege
The right to keep some evidence confidential (e.g. legal advice)
Quantum
The amount of a claim
Quash
A judge can quash a previous court decision making is invalid/void
Quiet enjoyment
A tenant has a right for the landlord to not disturb them unannounced
Relief from sanction
An application to ask the court for relief due a breach of directions.
Res Ipsa loquitur
What does Res Ipsa loquitur mean?
If the claimant is unable to prove precisely how an accident took place, they may be able to rely on the maxim Res Ipsa loquitur, 'the thing speaks for itself'.
This means that the facts of the case suggest an element of negligence on the part of the defendant. It applies where the causes of an accident are unknown but the inference of negligence is clear from the nature of the accident.
(Definition derived from Halsbury's Laws of England.)
Reserved Judgment
Latin term for “in A Judge’s decision made after a hearing faith” or “the real thing”.
Response pack
The papers a court sends to a defendant to reply to a claim
Service
The process of bringing documents to the attention of another party.
Several liability
Shared liability for something such as a tenancy agreement.
Skeleton argument
A written summary of a case and main arguments to assist the court.
Small Claim
A simple claim with a value of up to £10,000 heard in the county court
Stay
A pause in court proceedings
Standard Disclosure
Part of court proceedings where each party discloses their evidence
Statement of Case
A claim form/particulars of claim, a defence, a witness statement
Statement of Issues
A document setting areas of agreement and disagreement
Statement of truth
The process of verifying that a statement of case is correct
Strike out
The court dismisses a claim or a defence (or an application)
Summary assessment
A judge making an assessment of what is owed
Summary judgment
A decision by a judge without hearing from witnesses
Tomlin order
A more complex document setting out areas of agreement between the parties
Trial
The final hearing
Tribunal
A group of people who can make a decision on a legal dispute
Undue influence
Pressure on a party when signing a contract
Unfair dismissal
An employee is dismissed unfairly and they can claim damages
Unilateral contract
A contract where only one party makes a promise to do something
Unjust enrichment
Profiting from a situation to another person’s detriment
Vexatious litigant
A party who brings a claim with no merit or who makes repeat applications which have no merit
Void
A contract can be null and void if it’s unfair
Without notice
An application made without the knowledge of the other party
Without prejudice
Attempts to resolve/offers of the parties without the court knowing
Witness Statement
A formal document setting out a party’s written evidence
Witness summons
An order to compel a witness to attend court
Writ
A court order to allow an enforcement officer to access a property and seize goods
Zero-Tolerance Policy
A strict enforcement approach where certain behaviours or actions are not tolerated under any circumstances, often resulting in automatic penalties or disciplinary actions.
Useful Links
Add a general description of the items listed below. You can introduce the list and include any relevant information you want to share. Double click to edit the text.
Police / Action Fraud
Law Society
(find a Solicitor)
Website : https://solicitors.lawsociety.org.uk
Samaritans
Court fees exemption
Step Change (debt advice)
Website : https://www.stepchange.org