General

  • Acknowledgement of service

    This must be filed by a defendant if they are unable to file their defence within a specified period or if they wish to dispute the jurisdiction of a...

  • Act

    Act of Parliament - primary legislation enacted by...

  • Action

    Proceedings issued in the County or High Court. (Now known as...

  • Address for Service

    This is where one party will accept the delivery or service of legal...

  • Adjournment

    The temporary suspension of the hearing of a...

  • Adjudication

    Judgment or decision in a...

  • Administrative Court

    Part of the High Court which deals with Judicial...

  • Admissible

    (Evidence) which is allowed to be used in a...

  • Adversarial

    The system of justice used in British courts for trying to get at the truth, based upon argument between two...

  • Advocate

    Someone (generally a Barrister or Solicitor) who represents a party in a Court...

  • Affidavit

    A written statement which is confirmed on oath or by...

  • Affirm

    Alternative to swearing a document on oath to promise that it is...

  • Allocation questionnaire

    This is issued to all parties after a defence has been filed, and is used to decide which track the case will be allocated...

  • Alternative Dispute Resolution (ADR)

    This is the collective term for the ways in which parties can settle civil disputes without the need for a formal court...

  • Appeal

    An application to a higher court for a review of the decision of a lower...

  • Appellant

    Person who instigates an...

  • Applicant

    The person who is bringing the proceedings to...

  • Arbitration

    The process of using an independent third party, agreed by both sides, to settle disputes without going to...

  • Assisted Person

    A party to legal proceedings who is receiving legal...

  • Award

    The amount of damages assessed by a...

  • Bar

    The body to which all Barristers...

  • Barrister

    Legal professionals who have rights of audience before all...

  • Basic Charges

    General charges incurred for legal...

  • Bench Warrant

    A warrant issued by a judge for a defendant who is missing which requires them to be arrested and brought before...

  • Bill of Costs

    A detailed statement of a party's...

  • Bona Fide

    In good...

  • Brief

    Written instructions and history of a case which is sent to a...

  • Burden of Proof

    The standard of proof which must be shown in order to win a...

  • Capital Gains Tax

    A tax that is payable by individuals and Personal Representatives where they have made a financial gain on sale of an asset and sometimes when an asset is given away. Usually the taxpayer will be entitled to an annual exemption. The rate of tax varies...

  • Case Number

    A unique reference number which is allocated to each...

  • Chambers

    Offices used by a barrister. Alternatively, a private Court from which the public are excluded in which a Judge may conduct certain...

  • Chancery Division

    A section of the High Court, divided between Chancery Chambers and Bankruptcy and Companies...

  • Circuit Judge

    Circuit judges must be lawyers who have held a 'right of audience' for at least ten years, and must also have served either part-time as a recorder on criminal cases or full-time as district judges on civil cases before they can be...

  • Civil

    Matters concerning private rights as opposed to offences against the...

  • Civil Procedure Rules

    rules governing proceedings in the small claims, county and high courts...

  • Civil Procedure Rules

    rules governing proceedings in the small claims, county and high courts...

  • Claim

    Proceedings issued in the County or High Court. Previously known as an...

  • Claim Form

    Form on which a Claim is issued (previously known as a...

  • Claimant

    Person issuing a Claim (previously known as the...

  • Co-Respondent

    A person joined as a party to...

  • Commissioner of Oaths

    Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of...

  • Common Law

    Law established by precedent from judicial...

  • Compensation

    Sum of money paid in respect of loss, breakage, hardship, inconvenience or personal...

  • Conciliation

    This is where disputing parties attempt to reach an agreement out of...

  • Concurrent Writ

    This is a duplicate of an original...

  • Conduct Money

    Money paid to a witness in advance of the hearing of a case as compensation for time spent attending...

  • Conjoined Appeal

    This is when appeal claims are joined in...

  • Contempt of Court

    Disobedience or wilful disregard to the judicial...

  • Contingency Fee Agreement

    in a claim for money, an agreement under which the solicitor charges nothing if the clients' claim fails but takes a percentage of the money won by the client if the claim succeeds...

  • Costs orders

    An order in court proceedings determining who should pay for each party’s...

  • Counsel

    A...

  • Counterclaim

    A claim made by a defendant against a claimant in an...

  • County Court

    Court dealing with civil...

  • Court

    Body with judicial...

  • Court Order

    The recorded decision of a judge, once he has heard and considered the evidence from all parties in the...

  • Court Room

    Place where cases are...

  • Court of Appeal

    The second highest court in the land, after the House of...

  • Court of Protection

    The branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial...

  • Covenant

    A formal agreement or a contract which constitutes an obligation to perform an...

  • Damages

    An amount of money claimed as compensation for physical or material...

  • Declaration

    Court order setting out the rights of a party in the form of a...

  • Decree

    An order of the Court in proceedings commenced by...

  • Deed

    A formal document signed and witnessed or...

  • Default Judgment

    Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a...

  • Defendant

    The party against whom proceedings are...

  • Deponent

    Person giving evidence by...

  • Deposition

    A statement of evidence written down and sworn on oath or by...

  • Detailed Assessment (of costs)

    Where costs are dealt with by the drawing of a bill of...

  • Determination

    Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is...

  • Direct Examination

    The questioning of a witness by the party who called...

  • Directions

    Instructions given by a judge to proceed the case once he has considered the facts presented by the...

  • Disbursement

    Payments made by a solicitor or barrister other than those covered by the Basic...

  • Disclaimer

    A document which denies legal...

  • Disclosure

    Providing information to both the court and to the other...

  • Discontinuance

    Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the...

  • Discovery of documents

    Mutual exchange of evidence and all relevant information held by each party relating to the...

  • Dismissal

    To make order or decision that a claim be...

  • District Judge

    Judges whose duties involve hearing applications made within proceedings and final...

  • Domicile

    The country in which a person is normally...

  • Duty of Care

    A duty to take reasonable care not to cause physical, psychiatric or economic loss or...

  • Engrossment

    The final version of a...

  • Entry of Judgment

    Decision of the Court in favour of one or other of the...

  • European Court of Justice

    The highest court in the European...

  • Ex parte

    Meaning 'on behalf of only one...

  • Expert Witness

    Person employed to give evidence on a subject in which they are qualified or have...

  • Fee Earner

    A solicitor who is carrying out specific...

  • Filing

    Documents sent to the court for sealing and...

  • Guarantor

    Someone who promises to pay money to creditors in case it isn't paid by a...

  • High Court

    A Civil...

  • House of Lords

    The highest court in the...

  • Injunction

    An order by a Court either preventing or requiring someone to carry out a certain...

  • Inquisitorial

    This system of justice aims to get at the truth without the "conflict" part of the Adversarial...

  • Inspection of Documents

    Arrangements made to allow mutual exchange and copying of documents, following disclosure of...

  • Instruction

    Job given to a...

  • Interim Hearing

    A court hearing which does not reach a final...

  • Interim Order

    An order during the course of court proceedings which is not the final...

  • Interim Payments/Damages

    A payment made as a result of a court order or as offered by an opponent before the case is...

  • Interlocutory

    Interim or pending a full...

  • Intestacy Rules

    These set out the list of the Beneficiaries who will be entitled and who will be the Administrators...

  • Issue

    To initiate legal proceedings in pursuit of a...

  • Judge

    An officer appointed to administer the law and who has authority to hear and try cases in a Court of...

  • Judgment

    The final decision of a Court  A Judge’s final decision ...

  • Judicial Review

    The review of decisions of lower courts and public bodies by the High...

  • Jurisdiction

    The area and the matters over which a Court has legal...

  • Juror

    A person who has been summoned by a Court to be a member of the...

  • Jury

    Body of jurors sworn to reach a verdict according to the evidence in a...

  • Jury Summons

    Order to attend jury...

  • Justice of the Peace

    A lay person who is appointed to administer judicial business in a Magistrates...

  • Law

    The system made up of rules established by legislation, custom or...

  • Law Lords

    The judges who sit in the House of...

  • Legal Aid

    Money paid by the Government for legal expenses of people who are deemed not able to afford it Government help for those who cannot afford legal representation ...

  • Legal Executive

    Solicitor’s "unadmitted"...

  • Libel

    A written and published statement or article which causes harm to...

  • Litigation

    Legal...

  • Lodging

    The process of delivering documents to a...

  • Lord Chancellor

    The cabinet minister who acts as speaker of the House of Lords and oversees the hearings of the Law...

  • Lord Chief Justice

    Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of...

  • Lord Justice of Appeal

    Title given to certain judges sitting in the Court of...

  • Master of the Rolls

    Senior judge of the Civil Division of the Court of...

  • Mitigation

    Reasons submitted in proceedings on behalf of the defendant in order to minimise the...

  • Motion

    An application by one party to the High Court for an order in their...

  • Negligence

    Negligence is omission to do something, which a reasonable and prudent person would do, or doing something, which a reasonable and prudent person would not do. Negligence is simply neglect of some care, which we are bound to exercise towards somebody. e.g....

  • No Win, No Fee

    see Conditional Fee Agreement...

  • Notary Public

    Someone who is authorised to swear oaths and certify the execution of...

  • Notice Application

    A document (application) issued in the courts by one party (claimant or defendant) which sets out what that party wants the court to decide on and make an order requiring the receiving party to attend a hearing giving the receiving party opportunity to...

  • Notice of Issue

    Notice sent by a Court to a claimant which gives notification of the case number allocated to their action and any details of fees...

  • Notice of application

    The document by which proceedings are brought to a...

  • Nuisance

    Public and private nuisance. Public nuisance is an act, which interferes with enjoyment of persons, right which all members of community are entitled to e.g. right to air. Private nuisance is wrongful disturbance or interference with a persons enjoyment use...

  • Oath

    A verbal promise by a person with religious beliefs to tell the truth in...

  • Official Solicitor

    A solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellor's...

  • On Notice

    When the other party is given notice of, and served with, an...

  • Open correspondence

    Correspondence between solicitors which is not marked “without...

  • Oral Examination

    A method of questioning a person under oath before an officer of the Court to obtain details of their financial...

  • Order

    A direction by a...

  • Part 36 Offer

    This is essentially a settlement...

  • Particular of Claim

    Document detailing the claim, which is usually filed with the claim form when commencing proceedings in the court. It must comply with the civil procedure rules ...

  • Particulars

    Details relevant to a...

  • Party

    Any of the participants in a Court action or...

  • Patient

    A person who is deemed incapable of handling their own affairs by reason of mental...

  • Penal Notice

    A court warning notifying the recipient that a breach of the order will result in committal to...

  • Personal Application

    Application made to the Court without legal...

  • Personal Representives

    Executors and Administrators...

  • Personal Service

    Personal delivery of a claim, summons or...

  • Plaintiff

    Person issuing a Claim (now known as...

  • Pleading

    Documents setting out a claim or defence of parties involved in civil...

  • Potentially Exempt Transfer (pet)

    This is a gift, which may or may not be taxable depending on whether the person making the gift (the Donor) survives 7 years...

  • Power of Arrest

    An order attached to some injunctions to allow the police to arrest a person who has broken the terms of an...

  • Pre-trial Review

    A preliminary appointment to consider the issues before the Court and fix the timetable for the...

  • Precedent

    The decision of a case which established principles of law that act as an authority for future cases of a similar...

  • Proceedings

    Any claim proceeding through the courts (must comply with the civil procedure rules)...

  • Process

    The document commencing a claim or subsequent...

  • Public Funding

    (Popularly known as legal aid) a means tested system in which in certain circumstances the Government will pay or subsidise the legal costs of a person involved in a court case...

  • Public Trustee

    Official who can act as an executor or administrator of an estate of a deceased person, or as a...

  • Puisne Judge

    Refers to any judge of the High Court other than the heads of each...

  • Quantum

    In a damages claim the amount to be determined by the...

  • Quash

    To declare no longer...

  • Queen's Counsel (QC)

    Senior...

  • Queens Bench Division

    Division of the High...

  • Race Discrimination

    All workers are entitled to protection against race discrimination...

  • Receiver

    Person appointed by the Court of Protection to act on behalf of a...

  • Recorder

    Members of the legal profession who are appointed to act in a judicial capacity on a part time...

  • Recruitment

    Employers must avoid discrimination in recruitment practices...

  • Redetermination

    An application by a solicitor or barrister to reconsider amounts assessed by...

  • References

    Employers are under no obligation to provide references but must ensure that any references that are written are accurate and fair...

  • Remedy

    Payments or other actions ordered by a court in order to settle a...

  • Respondent

    The party against whom proceedings are...

  • Restitution

    When a Warrant of Restitution must be...

  • Right of Audience

    Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the...

  • Rights of Audience

    The right to conduct legal proceedings in a...

  • Satisfaction

    The payment of a debt or settling an obligation by an act or...

  • Serve

    To give notice of a Court action to another party to the proceedings by sending or handing to them personally the documents...

  • Sex Discrimination

    All workers are protected against sex discrimination ...

  • Sheriff

    An officer of the Crown whose duties include the enforcement of High Court writs of...

  • Silk

    Queens...

  • Slander

    Spoken words which have a damaging effect on a person's...

  • Small Claims Track

    The path to which defended claims of a lower value are...

  • Solicitor

    Member of the legal profession chiefly concerned with advising clients and preparing their cases and representing them in some...

  • Specified Claim

    A type of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated...

  • Statement

    Written account of an incident by a...

  • Statement of Claim

    Same as particulars of claim but it is a term used for actions brought in the high court...

  • Statute

    An Act of...

  • Statutory Instrument

    Secondary (or delegated)...

  • Stay

    To suspend Court...

  • Stay of Execution

    An order following which judgment cannot be enforced without leave of the...

  • Stipendiary Magistrate

    A legally qualified and salaried Magistrate (now known as District...

  • Striking Out

    Where a court prevents all further proceedings in a case if a party fails to comply with a rule, practice direction or court...

  • Subpoena

    A summons issued to a person directing their attendance in Court to give...

  • Success Fee

    an additional amount over and above the normal charges and payable by the client to the solicitor if the client's legal claim succeeds (see also Conditional fee Agreement)...

  • Suit

    Legal proceedings commenced by...

  • Suitor

    Person bringing a suit before the...

  • Summary Assessment (of costs)

    Where the question of costs is dealt with at the conclusion of the...

  • Summary Judgment

    Judgment obtained by a plaintiff where there is no defence to the case or the defence contains no valid...

  • Summing-up

    A review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its...

  • Summons

    Order to appear or to produce evidence to a Court (also the old name for a claim...

  • Surety

    A person's undertaking to be liable for another's default or non-attendance at...

  • Swear

    To make a solemn declaration to tell the...

  • Sworn Statement

    A written statement which is sworn and used as...

  • Taxation of Costs

    An examination of a solicitor's bill in civil proceedings by a Court to ensure that all charges against the legal aid fund are fair and...

  • Technology and Construction Court

    Part of the High Court dealing with disputes in the construction...

  • Tort

    A civil wrong committed against a person for which compensation may be sought through a civil...

  • Tracks

    Small claims, fast and multi tracks...

  • Trial

    The examination and decision of a matter of law or fact by a Court of law at which the Judge hears evidence and makes a...

  • Trial Window

    A period of time within which the case must be listed for...

  • Tribunal

    A group of people consisting of a chairman, normally a solicitor or barrister, and others who exercise a judicial function to determine matters related to specific...

  • Undertaking

    A binding promise to the...

  • Undue Influence

    Where a person has entered into an agreement under such circumstances to show or give rise to a presumption that he has not been allowed to exercise a free and deliberate judgment, on a matter. A court can set such agreement aside e.g. wife agreeing a charge...

  • Unspecified Claim

    A claim where the amount to be awarded is left to be determined by a...

  • Vexatious litigant

    Someone who regularly brings court cases which have little chance of...

  • Vice Chancellor

    Senior judge and head of the Chancery Division of the High Court of...

  • Warrant of Committal

    Method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is...

  • Without prejudice

    Privileged correspondence between solicitors, not generally admissable in...

  • Witness Summons

    Order to appear as a witness at a...

  • Writ of Summons

    A document instituting legal...
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