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| A |
| Accused | | a person accused and charged of a crime |
| Acknowledgement of service | | a form sent to a defendant after the claimant has issued a claim form. The defendant must file (return) the acknowledgment form within 14 days of receiving it. |
| Acquittal | | word used to describe the discharge of defendant following a ‘not guilty’ verdict. |
| Act | | a law made by parliament (Act of Parliament) |
| Action | | the old word for a CLAIM |
| Adjourned / Adjournment | | temporary suspension of a court hearing |
| Adjudication | | a judgment or decision of a court, tribunal or adjudicator |
| Administration order | | an order by a County Court directing a debtor to pay a specified monthly instalments in respect of outstanding debts. |
| Administrative Court | | part of the High Court associated with applications for judicial review. |
| Administrator; Administratrix | | person officially appointed to administer the estate of someone who died without making a will |
| Admiralty Court | | part of the High Court which deals with sea-faring crimes. |
| Admission (including part admissions) | | a statement of truth by a party involved in a claim |
| Adoption | | an act by which the obligations of natural parents of a child are extinguished and equivalent rights and duties are vested in the adopter or adopters |
| Adultery | | voluntary sexual intercourse between a husband or wife and another person who is not the spouse. |
| Adversarial | | procedures and processes which aim to display the truth, through adversarial (conflict based) techniques such as cross-examination. |
| Advocate | | a party representative in court – for example, a barrister |
| Affidavit | | (see Statement) a written statement of evidence confirmed on oath or by affirmation to be true (rather like a statutory declaration) |
| Affirmation | | “declaration” by a witness who will not take the usual “oath” either because they have no religious belief, or a religious belief other than one which supports the Bible. |
| Agent | | a representative able to negotiate and act on behalf of their principal. |
| Allocation | | the system by which a judge assigns a defended civil case, to one of three ‘case management tracks’, the small claims track, the fast track or the multi-track |
| Alternative dispute resolution | | schemes such as arbitration and mediation which aim to resolve disputes without litigation. |
| Amendment | | the process by which corrections to court documents, such as statements of case, can be made |
| Amount offered in satisfaction | | an amount of money offered by a defendant to pay a debt or to settle another type of claim, for example in a personal injury case |
| Ancillary relief | | additional claims (e.g. in respect of maintenance) attached to the petition for divorce/judicial separation/nullity |
| Annul | | declaration that a situation (often a marriage) is no longer valid |
| Appeal | | application to a higher court or other body for review of a decision taken by a lower court or tribunal. The higher court may overturn or uphold (i.e. reject) the lower court’s decision. |
| Appellant | | the person appealing to the higher court or body against a decision made in a lower court or body |
| Applicant | | a person who issues a claim |
| Application | | the act of applying to a civil court to ask it to do something, for example to start proceedings |
| Appraisement or appraisal | | valuation of goods seized under warrant of execution prior to sale |
| Arbitrator or Arbitration | | a procedure where parties agree to use an independent arbitrator (an impartial person) who makes a binding decision. An alternative to court. |
| Assured tenancy | | a tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure |
| Attachment of earnings order | | an order instructing an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money to court. The court then pays the money to the person or people to whom it is owed |
| Award | | amount of damages assessed by a Court |
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| Bail | | temporary release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions |
| Bailiff | | a person authorised to remove and sell possessions in order to pay money a debtor (the owner) owes to a person or an organisation. Bailiffs may also conduct evictions, arrest people and serve court documents on people. |
| Bankrupt | | describes a circumstance where the person at hand is unable to pay creditors and has all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986 |
| Barrister | | (see Counsel; Silk) A member of the bar: a lawyer entitled to represent clients in all the courts |
| Bench warrant | | an order by a judge for an absent defendant to be arrested and brought before a Court |
| Bill of indictment | | a written statement of the charges against a defendant sent for trial to the Crown Court, and signed by an officer of the Court |
| Bind over | | an order in the Crown Court or the Magistrates Court which s signed by an officer of the Court |
| Bind over for sentence | | an order requiring the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty |
| Bound / binding | | a binding decision must be obeyed by the people concerned. |
| Brief | | Written instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and setting out the facts of the case and any case law relied upon |
| Bulk Centre | | See Northampton Bulk Centre |
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| Case | | a claim in a court of law, or the arguments put forward by parties in a court of law |
| Case disposal | | where a case is removed from the court process (see Disposal). |
| Case Management Conference (CMC) | | a meeting between all parties to a case and the Judge to assess the case, with regards to costs and other matters. |
| Case number | | a unique reference number allocated to each case by the Court |
| Case value | | the financial worth of a case is one of the factors used to asses which track a claim should be allocated to. See Case management tracks |
| Caution | | i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person's knowledge
ii) Warning, given by a Police Officer, to a person charged with an offence
iii) Warning, given by a Police Officer, instead of a charge
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| Caveat | | a notice that effectively prevents action by a third party without first notifying the party entering the caveat |
| Centralised Attachment of Earnings Payments (CAPS) | | a computer system that manages attachments of earnings orders in bulk. |
| Certificate of Legal Aid Costs | | a certificate of costs allowed following taxation by a judicial or taxing officer (Previously referred to as an Allocatur) |
| Cessate | | a grant of representation of limited duration which has ceased and expired |
| Chambers | | i) room, or Court (excluded to the public) in which a District Judge or Judge may conduct certain sorts of hearings
ii) Offices used by a barrister
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| Chancery Division | | part of the High Court which deals with cases involving land law, trusts and company law. |
| Charge | | a formal accusation against a person that a criminal offence has been committed |
| Charging Order | | a court order directing that a charge be put on the judgment debtors’ property to secure payment of money. This prevents the debtor from selling the property or land - without paying what is owed to the claimant |
| Circuit Judge | | a judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court |
| Citizen’s Advice Bureau (CAB) | | a charity which provides free legal and financial advice to the general public. |
| Civil | | affairs concerning private rights and not offences against the state |
| Civil case or claim | | a civil dispute that involves court action. See claim |
| Civil Justice or civil law | | a branch of the law which applies to the rights and dealings of private citizens, which does not include criminal, immigration, employment or family matters |
| Civil Justice Reforms | | aims to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases. It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April 1999 |
| Civil Procedure Rules | | rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts. |
| Civil Procedures | | rules and procedures to be followed in civil cases |
| Claim | | dealings in the County or High Court. Previously know as an Action. |
| Claim form | | the form by which to start proceedings in a civil court. Includes a summary of the nature of the claim and the remedy (compensation or amends) sought |
| Claim Production Centre (CPC) | | See Northampton Bulk Centre |
| Claimant | | a person who issues the claim. Previously known as the Plaintiff |
| Code of Practice | | specific trade rules and regulations which are tailor-made to deal with the common problems of the trade. They are not law and therefore there are no direct methods of enforcement. |
| Codicil | | an addendum signed and executed which amends or adds something to a will |
| Coercion | | when an individual is forced to behave in a particular way, for example, by threats of violence. The person concerned does not act freely |
| Collaboration / collaborative | | working together to solve a problem |
| Commercial Court | | part of the Queen’s Bench Division of the High Court. |
| Commissioner of Oaths | | Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence |
| Committal | | i) Committal for trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with
ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge
iii) Committal Order: An order of the Court committing someone to prison
iv) Committal Warrant
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| Common Law | | the law established, by precedent and from cases – by judicial decisions |
| Compensation | | a sum of money offered in recompense (to make amends) for an act, error or omission that harmed someone. |
| Complainant | | the person who makes a complaint |
| Concurrent Sentence | | a decision by a Court that a number of sentences of imprisonment should run at the same time |
| Concurrent Writ | | a duplicate of the original writ bearing the same date and expiring at the same time as the original |
| Conditional contract | | a contract which is only valid if a particular event/circumstance happens (for example, "Subject to contract" in relation to a house sale means there is no sale unless and until formal signed contracts are exchanged). |
| Conditional Discharge | | a discharge of a convicted defendant without sentence on a condition that he/she does not re-offend within a specified period of time |
| Conditional sale agreement | | a type of credit agreement relating to the sale of goods. The price is payable by instalments and the buyer will not become owner of the goods until certain conditions are satisfied. |
| Conduct Money | | i) money paid to a witness in advance of the hearing of a case as compensation for time spent attending Court
ii) expenses paid to a debtor to cover the costs of travelling to Court |
| Consecutive Sentence | | an order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences |
| Consumer Credit Act (CCA) 1974 / 2006 | | an act which provides for a uniform system of controlling all forms of lending. |
| Consumer credit agreements | | the different types of credit agreement (e.g. hire purchase) which are governed by the Consumer Credit Act 1974 and CA 2006 |
| Contempt of Court | | disobedience or wilful disregard to the judicial process. |
| Contents of trial (civil) | | see trial contents |
| Contributory Negligence | | partial responsibility of a claimant for the injury in respect of which he/she claims damages |
| Corroboration | | evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases |
| Costs (civil) | | the literal costs of a case. These are usually paid by the loser of a claim. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. |
| Counsel | | a Barrister or solicitor in legal proceedings |
| Count | | an individual offence set out in an indictment |
| Counterclaim | | a claim made by a defendant against a claimant in an action. |
| County Court | | the courts which deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000. The county court is a court of the first instance – where civil cases start |
| County court judgment (CCJ) | | a judgment of the county court that orders a defendant to pay a sum of money to the claimant. CCJs are recorded on the Register of County Court Judgments for six years and can affect a defendant’s ability to borrow money |
| Court | | body with judicial powers (see also Courtroom) |
| Court fees | | the County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court |
| Court of Appeal | | Divided into:
i) civil and
ii) criminal divisions and hears appeals:
i) from decisions in the High Court and county courts and,
ii) against convictions or sentences passed by the Crown Court, (see also Public trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)
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| Court of Protection | | branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs |
| Court sanction | | See sanction |
| Courtroom | | room in which cases are heard |
| Covenant | | a formal agreement or a contract constituting an obligation to do something or refrain from doing something. |
| Creditor | | a person to whom money is owed by a debtor |
| Criminal | | a person who has been found guilty of a criminal offence |
| Cross-examination | | the verbal examination of a witness for the other side in a case. |
| Crown Court | | the court that deals with all crime committed for trial by Magistrates Courts. Cases for trial are heard before a judge and jury. The Crown Court also acts as an appeal Court for cases heard and dealt with by the Magistrates. The Crown Court can also deal with some civil and family matters.
The Crown Court is divided into tiers, depending on the type of work dealt with. |
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| Damages | | a sum of money awarded as compensation for loss |
| Date of service (civil claims) | | the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. |
| Debtor | | a person who owes money |
| Declaration | | a court order setting out the rights of a party in the form of a statement |
| Decree | | an order of the Court in proceedings commenced by petition |
| Decree Absolute | | a final certificate, resulting from an application, dissolving a marriage |
| Decree Nisi | | an order for divorce unless cause to contrary is shown within a set period |
| Deed | | a legal document which sets out the terms of an agreement, and signed by both parties and a witness |
| Default Judgment | | a judgement which may be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day period after service of the claim. |
| Defence or defending a claim (civil) | | when the defendant disputes the claim made by the claimant |
| Defendant (civil) | | the person against which a claim is made. They can defend (dispute the claim) or admit liability, in part or in full |
| Defendant (criminal) | | the person standing trial or appearing for sentence |
| Deponent | | person giving evidence by affidavit |
| Deposition | | a statement of fact written down and sworn on oath, or by affirmation |
| Designated Civil Judge | | a Judge designated to deal with the Civil Justice Reforms for a group of courts |
| Detailed Assessment (of costs) | | when a court makes a costs order it may make a detailed assessment of costs, usually at the conclusion of proceedings. |
| Devi | | the person to whom freehold land is given by a will |
| Directions (civil) | | case management instructions given by the judge which give a time-table for pre-trial procedures. |
| Disability | | The inability of a person to handle their own affairs (e.g. through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation |
| Disclosure | | parties to a civil case must show the other party the documents they intend to rely on in court to support their case |
| Discontinuance | | notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case |
| Discovery of documents | | mutual exchange of evidence and all relevant information held by each party relating to the case |
| Dismissal | | to make order or decision that a claim be ceased |
| Dispute | | a civil predicament which is not dealt with in court, (a civil dispute which comes to court is called a civil case); |
| District Judge | | a judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction. Previously known as Registrars |
| District Registry | | see High Court |
| Divisional Court | | As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals. The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court. The Divisional Court of the Queen's Bench Division deals largely with certain appeals on points of law from many Courts. The Divisional Court of the Family Division deals largely with appeals from Magistrates Courts in matrimonial matters a 'next friend' or 'guardian ad litem' |
| Divorce | | nullity of marriage |
| DNS | | domain name server |
| Dock | | the area within a criminal Court where the defendant remains |
| DPA | | Data Protection Act (1998) |
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| Either-way Offence | | (see Indictable Offence, Summary Offence) an offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury. |
| Employee | | an individual who works under a contract of employment. Only employees are entitled to redundancy payments and to present a claim for unfair dismissal. |
| Enforcement | | process of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court |
| Enforcement / enforcing a judgment | | when a judgment/order has not been paid or terms obeyed with, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendant’s property for sale |
| Entering judgment on admission | | The claimant can ask the court to enter judgment on admission when the defendant has admitted all or part of the case and offered payment or other restitution |
| Entry of Judgment | | decision by the Court |
| Estate | | the rights and assets of a person in property |
| Evidence | | material which is used to support a person’s case |
| Exclusion clause | | a clause which seeks to exclude a party’s liability.(e.g. "Cars parked at owner's risk"). |
| Execution | | (see Levy) seizure of debtors goods following non payment of a Court order |
| Executor / Executrix | | a person or persons specified to carry out the provisions of a will. |
| Exempt | | To be freed from liability or allegiance |
| Exhibit | | document or specimen referred to in an affidavit or used as evidence during a Court trial or hearing |
| Expert Witness | | person employed to give evidence on a subject in which they are qualified or have expertise |
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| Family Division | | see High Court |
| Fast Track | | the court path to which defended claims of not more than £15,000 are allocated. |
| Fees and costs | | see Court fees |
| Fiat | | a decree or command |
| Fieri-Facias (FI-FA) | | (see Sheriff) High Court version of warrant of execution in County Court. A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt |
| Filing | | the process of delivering or presenting forms and other documents to a court. For example a claim or a defence to a claim must be filed |
| Fitness for purpose | | where goods are sold by a trader, they must be reasonably fit for the buyer's own particular purpose, provided the buyer made his purpose known (expressly or implied) and reasonably relied on the seller's expertise. Where goods are bought for their usual purpose, notification of the buyer's purpose is implied. |
| Fixed costs | | costs in civil cases that are set at a certain level and can be claimed in specific circumstances. |
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| Garnishee | | a summons from a claimant, against a third party, for the return of money or other assets belonging to the defendant |
| Group Litigation Orders | | made in a claim in which there are multiple parties or claimants, they provide for the case management of claims which give rise to common or related issues of fact or law |
| Guarantor | | a person who promises to pay money on behalf of the debtor, if the debtor is unable to make the repayments |
| Guardian | | a person appointed to manage the interests of a child or person under mental disability |
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| Hearing | | the trial of the case. |
| High Court | | a civil Court which consists of three divisions:-
i) Queen's Bench (or King's Bench) deals with civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;
ii) Family – deals with matrimonial maters and proceedings relating to children, e.g. wardship;
iii) Chancery – deals with property matters including fraud and bankruptcy
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| High Court Enforcement Officers | | an enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders |
| High Court Judge | | see Judge and High Court |
| Hire purchase | | a contract for the hire of goods with an option for the debtor to purchase them at the end of the agreement. Transfer of title to the goods usually only passes from the hire purchase company to the debtor on payment of the final instalment. |
| Home court (civil) | | the court closest to the defendant’s home or place of business |
| Housing claim | | the procedure used in a country court by a landlord to recover land or property (and money for arrears of rent or damage to property, if applicable). See also Possession Claim Online (PCOL) |
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| Impartial | | unbiased - not favouring either side in a dispute |
| Independent | | person or organisation unconnected to any of the parties in a dispute or legal case |
| Independent contractor | | a self employed person who works under a contract for services (rather than a contract of employment). Independent contractors have less employment rights than employees. |
| Indictable Offence | | a criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. |
| Infant | | a person under 18 years of age. This prohibits them from acting on their own behalf in legal proceedings. Also known as a minor |
| Infringement | | the violation of anther person’s rights. |
| Injunction | | a court order which either restrains a person from doing something or requires the person to do something. |
| Insolvency | | see Bankrupt |
| Inspection of Documents | | agreements made by the parties to allow mutual exchange and copying of the documents they will rely on in court |
| Instalments | | a process by which a debt may be paid in several parts at intervals. Aims to make the burden of repayment lighter |
| Interest | | a charge for borrowing money, expressed as a percentage of the sum borrowed |
| Interim order | | an order made during proceedings which is not a final order |
| Interlocutory | | pending a full decision |
| Interpleader | | a claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. |
| Intestate | | when some dies without leaving a will |
| Issue / issuing | | to begin legal proceedings in pursuit of a claim |
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| Joint tenancy: joint tenants | | a type of property ownership, particularly suitable for married or defacto couples. If a joint tenant dies, the remaining joint tenant(s) automatically becomes the owner of the deceased's interest in the property C.f. Tenants in common. |
| Judge | | a person with authority to administer the law and try cases in a court of law |
| Judgment | | the decision or sentence given by a court in legal proceedings |
| Judgment on liability | | See Default judgment |
| Judicial directions | | see directions |
| Judicial discretion (civil) | | the authority judges have to decide how best to manage the case on the individual facts. |
| Judicial review | | The High Court can review decisions of inferior (lower) courts, public bodies and other bodies to ensure that the decision making process has been lawful |
| Judicial/Judiciary | | i) relating to the Administration of justice or to the judgment of a Court
ii) a judge or other officer empowered to act as a judge |
| Junior Counsel | | (see Counsel; Silk) A member of the bar: the branch of the legal profession which has rights of audience before all Courts |
| Jurat | | the statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken |
| Jurisdiction | | the area and matters over which a court has legal authority |
| Juror | | (see Jury) A person who has been told by a Court to be a member of the jury |
| Jury | | a number of jurors sworn to reach a verdict according to the evidence in a Court |
| Justice of the Peace | | a lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence |
| Juvenile | | a person under 17 years of age |
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| Knowledge of Defect | | appearance defects for all goods must be taken into account in deciding whether or not goods are of satisfactory quality. |
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| Landlord | | a person who owns land and / or buildings which are leased to tenants |
| Landlord and Tenant Act | | an Act which empowers applications (seeking extension of a lease or some other action concerning tenancy |
| Law | | a set of rules established by an act of parliament, custom or practice enjoining or prohibiting certain action (see also Common Law) |
| Law Lords | | the judges of the House of Lords |
| Lawyer | | a member of the legal profession who has the right to represent clients in lower courts - barristers represent in the higher courts. |
| Lay representative | | a person with no special legal knowledge who accompanies another during a court hearing. The person may be a colleague, friend or spouse. |
| Leading junior counsel | | a senior barrister who deals with more serious cases, but not a QC. |
| Lease | | the letting of land or tenements, e.g. rent etc, for property for a prescribed period |
| Leave | | permission |
| Legacy | | a gift under a will |
| Legal advice | | advice about the law and your options from a qualified legal representative or advice centre |
| Legal Aid / Public Funding | | state funded assistance, for those on low incomes, to cover legal fees. |
| Legal counsel | | See Counsel, Barrister, Solicitor |
| Legal Personal Representative | | The person to whom a grant of probate or letters of administration has been issued |
| Legal representation | | See Counsel, Barrister, Solicitor |
| Letters of Administration | | authority granted by a Probate Registry to someone interested in the estate of a person who has died without leaving a will. The order allows the 'administrator' to carry out the duties relating to the estate |
| Levy | | (see Execution and Fi-Fa) a duty carried out by a bailiff or sheriff under the authority of a warrant or writ of fi-fa, for a sum of money whereby goods of value belonging to the debtor are claimed with a view to removal and sale at a public auction in an attempt to obtain payment |
| Liability | | obligation or responsibility. |
| Libel | | a written and published statement which infers damaging remarks on a person’s reputation |
| Licence | | permission to carry out an act that would otherwise be considered illegal |
| Lien | | a legal right to withhold the goods/property of another until payment is made |
| Limitation clause | | a clause in which a party seeks to limit his liability to a particular sum of money, or otherwise to restrict a right of action (e.g. by imposing a time limit on notifying a claim). |
| Listing Questionnaire | | a form used to ensure that all issues are resolved and that the parties are ready for trial. |
| Litigant in person | | a person who starts or defends a case without legal representation. |
| Litigation | | legal proceedings or court action - civil or criminal |
| Litigation friend | | a person who conducts legal proceedings on behalf of a child or a mentally incapacitated person |
| Lodging | | the process of filing (delivering) documents to a court. |
| Long Vacation | | the period between 1 August and 30 September in each year during which there are only restricted High Court sittings for urgent matters |
| Lord Chancellor | | the cabinet minister who acts as speaker of the House of Lords and oversees the hearings of the Law Lords. |
| Lord Chief Justice | | senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice) |
| Lord Justice of Appeal | | title given to certain judges sitting in the Court of Appeal |
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| Magistrates Court | | the Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. |
| Maintenance Pending Suit | | a temporary order to deal with marital finances made during divorce proceedings until such time as the proceedings are finalised |
| Maladminstration | | administration that leads to injustice because of such factors as excessive delay, bias or arbitrary decision-making. |
| Manslaughter | | the unlawful killing of another human being, without malice c.f. Murder |
| Master | | (see Registrar) judicial officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before trial |
| Master of the Rolls | | senior judge of the Court of Appeal (Civil Division) |
| Matter | | (see Originating Application) proceedings commenced by way of originating application |
| Mediation | | an alternative process to court – disputes are resolved by an partial third party (the mediator). If mediation fails court proceedings can be initiated or re-activated |
| Mesne Profits | | sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up |
| Minor | | someone below 18 years of age and unable to sue or be sued without representation, other than for wages |
| Misrepresentation | | a false statement of fact which induces someone to enter into a contract Misrepresentation makes a contract voidable (see ‘voidable') and may give rise to a damages claim. |
| Mitigation | | actions taken by a party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence |
| Money Claim | | a claim for money only in the county court. The claim can be for a fixed on unspecified amount. |
| Money Claim Online (MCOL) | | an online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also |
| Mortgage | | a loan of money to purchase property. The transfer of the property is withheld as security for payment |
| Mortgagor | | the party obtaining the loan |
| Motion | | an application by one party to the High Court for an order in their favour |
| Multi Track | | the path that defended claims over £15000 are allocated to |
| Murder | | unlawful killing of another human being. C.f. Manslaughter |
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| Negligence | | carelessness or neglect - to establish Negligence in the legal sense it is necessary to prove that the defendant owed the claimant a duty of care and that he breached that duty by failing to observe the standards of the reasonable person. |
| Next Friend | | a person representing a minor or mental patient |
| Non-Molestation | | an order within an injunction to prevent one person physically attacking another |
| Non-Suit | | proceedings where the claimant has failed to establish that there is a case for the defendant to answer |
| Northampton Bulk Centre | | Bulk users in court actions are businesses and local authorities. Their claims are issued by this centre in the name of Northampton County Court. This centre deals with administrative casework on a larger scale than most courts. For example, they will issue debt recovery and hire purchase claims in multiples for businesses |
| Notary Public | | someone who is authorised to swear oaths and certify the execution of deeds |
| Notice of Issue | | document sent by a Court to the claimant providng case details and the date of service |
| Notice to Quit | | a document which gives prior notice, when served in possession proceedings, of termination of a tenancy |
| Nuisance | | nuisances are divided into private nuisances and public nuisances. Private nuisance regulates unreasonable interference with an owner occupier's use or enjoyment of his land. Public nuisance is primarily a crime which protects certain public rights. |
| Nullity | | application to the Court for a declaration that a marriage be declared 'void' or be annulled i.e. declared never to have existed or to have subsisted until the Court dissolved it |
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| Oath | | a call for God to witness that what you say at the hearing is the truth or binding. (see affirmation) |
| Objection | | disagreement with an argument or set out by another at the hearing |
| Official Receiver | | a civil servant who works for the Department of trade and Industry and is appointed by the Court to act as:-
i) a liquidator when a company is being wound up;
ii) a trustee when an individual is made bankrupt. The duties of an official receiver will include examining the company/bankrupt's property which is available to pay the debts and distributing the money amongst the creditors
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| Official Solicitor | | a solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellor's Department. The duties include representing, in legal proceedings, people who are incapable of looking after their own affairs i.e. children/persons suffering from mental illness |
| Ombudsman | | an independent ‘referee’ who consider complaints against public and private organisations in a wide range of fields including housing, health and banking. |
| Oral evidence | | verbal evidence given to a court, |
| Oral Examination | | a method of questioning a person under oath before an officer of the Court to obtain details of their financial affairs |
| Order | | a direction by a Court |
| Originating Application | | a method of commencing proceedings under the authority of a specific act of parliament, e.g. Landlord and Tenant Act, whereby the applicant asks the Court to grant an order in their favour |
| Ouster | | an order within an injunction to force a person to leave a property |
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| Part 8 Claim | | an alternative procedure for issuing a claim to the court |
| Part admission | | See admission |
| Part payment | | accepted payment of part of the price in advance |
| Particulars of claim | | a document containing details of the claimant’s claim. The particulars should be a concise statement of the facts of the claim |
| Party / parties | | people involved in court proceedings either as the defendant(s) or claimant(s) |
| Party wall | | a wall (or fence), the ownership of which is divided vertically between neighbouring properties so each property owns one distinct half of the wall (or fence). |
| Patent | | a privilege granted to the first registered inventor of an invention, allowing them to use or sell the invention for a period of time (assuming the annual renewal fees are paid) |
| Patient | | a person who is deemed incapable of handling his/her own affairs by reason of mental incapacity and who is under the jurisdiction of the Court of Protection |
| Penal Notice | | directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment |
| Personal Application | | application made to the Court without legal representation |
| Personal injury claim | | a civil claim relating to physical or mental harm suffered by a claimant, due to the defendant’s alleged negligence |
| Personal Service | | personal delivery (i.e. not by mail) of a claim, summons or notice |
| Personal Support Unit (PSU) Royal Courts of Justice and Wandsworth County Court | | A charity based at the Royal Courts of Justice and Wandsworth County Court which provides guidance and support for litigants in person, but not legal advice
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| Petition | | a process by which someone can commence proceedings whereby the order required by the petitioner from the Court is expressed as a prayer |
| Petitioner | | the person who presents the petition |
| Plaint Note | | see NOTICE OF ISSUE |
| Plaint Number | | old-fashioned term for Claim Number |
| Plaintiff | | see CLAIMANT |
| Plea | | a defendant's reply to a charge put to him by a court; i.e. guilty or not guilty |
| Pleading | | documents setting out claim/defence of parties involved in civil proceedings |
| Possession Claim Online (PCOL) | | an online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also |
| Possession Proceedings | | legal proceedings by a landlord to recover land or property such as a house or flat. |
| Power of Arrest | | an order to allow the police to arrest a person who has broken the terms of the order |
| Practice Directions | | steps to be followed by parties to a dispute prior to legal action. The aim of the to increase co-operation between parties and therefore the chances of an early settlement |
| Pre-action protocols | | steps to be followed by parties to a dispute prior to legal action. The aim is to increase co-operation between parties and therefore the chances of an early settlement |
| Pre-trial checklist | | a pre-trial checklist is completed before the trial. The checklist is for the parties and the Judge, as a reminder of the issues to be considered. |
| Pre-trial Review | | a meeting at which the Judge considers the issues before the timetable for the trial /final hearing date is finalised. |
| Preliminary hearing | | a hearing before the final hearing in which the Judge ensures that the parties understand what they must do to comply with any directions and offers guidance on such matters as the use of an expert witness. |
| President of the Family Division | | a senior judge and head of the family Division of the High Court of Justice |
| Privity of contract | | a doctrine that allows only the parties to a contract rights and liabilities under the contract. |
| Probate | | legal recognition of the validity of a will |
| Process | | the document commencing a claim or subsequent action |
| Prosecution | | the process of criminal proceedings against a person |
| Prosecutor | | person who prosecutes (see PROSECUTION) |
| Public trustee | | a person (usually a barrister or solicitor) appointed by the Lord Chancellor as
i) trustee for trusts managed by the Public trust Office;
ii) Accountant General for Court Funds;
iii) Receiver (of last resort) for Court of Protection patients
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| Puisne Judge | | (Pronounced Puny) High Court judge. Any judge of the High Court other than the heads of each division. |
| Putative Father | | the alleged or supposed father of an illegitimate child |
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| QC | | See Queen's Counsel |
| Quantum | | in a damages claim the amount to be determined by the court |
| Quash | | to annul; to declare no longer valid |
| Quasi-judicial functions | | an executive function that involves the exercise of discretion (judgment). |
| Queen's Counsel | | barristers of at least ten years standing may apply to become queen's counsel. QCs undertake work of an important nature and are referred to as 'silks' which is derived from the Courts gown that is worn. Will be known as king's counsel if a king assumes the throne |
| Queens Bench Division | | a division of the High Court which has jurisdiction for civil disputes |
| Quote | | a “quote” is different to an “estimate”. The distinction is an important one because a quote usually constitutes an offer by the contractor to do the job for the quoted price, whereas, an estimate will not normally be the contract price. |
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| Re-allocation | | the transfer of a case from one allocated track to another. |
| Reasonableness | | is an objective concept based on the particular circumstances of the case. |
| Receiver | | person appointed by the Court of Protection to act on behalf of a patient |
| Recognisance | | an undertaking before the Court by which a person agrees to comply with a certain condition |
| Recorder | | a part-time member of the legal profession |
| Redetermination (criminal) | | an application by a solicitor or counsel for amounts assessed by determination to be reconsidered |
| Redetermintaion (civil) | | if the defendant or claimant objects to the rate of repayment set by a court officer, the judge will decide on the matter. See Determination. |
| Redundancy | | a situation where the employee is not longer required in their current position so the employer asks them to leave their employment. |
| Register of judgments, orders and fines | | a public register containing details of county court and High Court judgments, fines enforced by magistrates' courts and county court administration orders |
| Registry Trust Limited (RTL) | | the company contracted to the Ministry of Justice to maintain the Register of Judgments Orders and Fines. You can find out if an individual or a company at a particular address has unsatisfied (unpaid) court judgments against them by searching the Register of Judgments, Orders and Fines. There is a small fee for this. You can get further information about searching the Register from: Registry Trust Ltd, 73-75 Cleveland Street, London, WT 6QR |
| Released | | freed from an obligation or duty |
| Remand | | to order an accused person to be kept in custody or placed on bail pending further Court appearance |
| Representation | | see Legal representation |
| Rescission | | shere someone has entered into a contract as a result of a misrepresentation (see ‘misrepresentation'), he may end the contract without penalty. The effect of this is to restore both parties to their original (pre-contract) positions. |
| Respondent (Civil & Crime) | | the defending party (person) in an appeal or in a petition to the courts. See also Appellant |
| Respondent (Family) | | the person on whom a petition or originating application is served |
| Response pack | | a pack of document sent to the defendant in a civil claim with the claim form or with the particulars of claim |
| Restitution | | where a defendant who has been evicted by a bailiff illegally re-enters the property the claimant must issue a warrant of restitution with the court in order to regain possession |
| Restrictive covenant | | a legal restriction on the use of property imposed for the benefit of a neighbouring landowner and enforceable by him/her |
| Right of Audience | | entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings |
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| Sales puff | | fancy sales talk which does not form part of the contract |
| Sanction | | a penalty imposed on a person |
| Satisfaction | | paying a debt or settling an obligation by an act or deed |
| Satisfactory quality | | goods will be of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory. |
| Security of tenure | | a period in which something is held |
| Service | | delivery by post, or in person, of the claim form, or other court documents |
| Set aside judgment | | See judgment set aside |
| Settlement | | a voluntarily agreement by the claimant and defendant to settle their civil case. |
| Sheriff | | an officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution |
| SILK | | a member of the Queens Counsel, a senior barrister sometimes referred to as a leader or leading counsel |
| Skeleton argument | | a summary of the key points of a case to be heard by an appeal court. |
| SLANDER | | spoken words which have a damaging effect on a person's reputation |
| Small Claims Track | | the path that defended claims of no more than £5,000 |
| Solicitor | | member of the legal profession who advises clients, prepares their cases and represents them. |
| Specified amounts of money | | a specific and easily calculable amount of money, such as a debt owed to a claimant |
| Specified Claim | | a type of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated claim |
| Squatter | | a person, without consent, who occupies land or property |
| Squatting | | the occupation of land or property without the owner’s consent |
| Standard directions | | See directions |
| Statement | | a written account by a witness of the facts of details of a matter |
| Statement of case | | the document containing the outline of the claimant’s case including:
(i) a claim form,
(ii) the particulars of claim – where these are not included in the claim form;
(iii) the defence and
(iv) a reply to the defence
(v) any counterclaim |
| Statement of truth | | the document which verifies a statement of case |
| Statutory Instrument | | a document issued by the delegated authority (usually a Government Minister or committee) named within an act of parliament which affects the workings of the original Act, e.g. The County Courts Act 1984 confers authority on to the County Court Rule Committee to make rules relating to the operation of the County Courts act |
| Stay | | a suspension of court proceedings. |
| Stay of Execution | | an order following which judgment cannot be enforced without leave of the court |
| Striking a case out (striking out) | | the court can strike out a case (prevent all further proceedings) if a party fails to comply with a rule, practice direction or court order. |
| Subpoena | | summons issued to a person directing their attendance in Court to give evidence |
| Suit | | legal proceedings commenced by petition |
| Suitor | | person bringing a suit before the Courts |
| Summary Assessment (of costs) | | When a court makes a cost order it may make a summary assessment of costs immediately after it has made the order. |
| Summary Judgment | | a judgment obtained by a claimant where there is no defence to the case or the defence contains no valid grounds. |
| Summary Offence | | a criminal offence which is triable only by a Magistrates Court |
| Summary procedure | | a procedure by which the court when making an order about costs, orders payment of a sum of money instead of fixed costs or detailed assessment |
| Summing-up | | a review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its verdict |
| Summons | | order to appear or to produce evidence to a court |
| Summons (Jury) | | order to attend for jury service |
| Summons (Witness) | | order to appear as a witness at a hearing |
| Supreme Court of Judicature | | the collective name for High Court of Justice, Crown Court and Court of Appeal |
| Surety | | a person's undertaking to be liable for another's default or non-attendance at Court |
| Suspended Sentence | | a custodial sentence which will not take effect unless there is a subsequent offence within a specified period |
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| Taxation of Costs | | (see SUMMARY ASSESSMENT and DETAILED ASSESSMENT) 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 reasonable (see also PARTY AND PARTY COSTS which are also examined by a Court) |
| Technology and Construction Court | | a specialist court which deals with disputes in the construction industry. It is part of the Queen’s Bench Division of the High Court. |
| Telephone hearing | | proceedings which can be conducted by telephone |
| Tenant | | a person who holds land or property under a lease |
| Testor | | the person who makes the will |
| Third party | | a person who is not party to a legal case, but may still be affected |
| Third party debt order | | an order issued by a Claimant, against a third party, to seize money or other assets in their keeping, but belonging to the debtor. |
| Tipstaff | | an officer of the Supreme Court whose duties involve the enforcement of High Court arrest warrants |
| Tort | | a claim for damages arising usually from personal injury to compensate the claimant for harm suffered |
| Track allocation | | see Allocation Case management |
| Trespass | | when a person enters another person’s land without their permission. A trespasser may be sued in the civil courts. |
| Trial | | a public hearing in which the evidence in a case, and the law which applies, are examined |
| Trial bundles | | the documents that are likely to be referred to in a trial or tribunal hearing. |
| Trial contents | | the contents of the trial include any written statements and documents in trial bundles |
| Trial Window | | a period of time within which the case must be listed for trial |
| Tribunal | | a body outside of the court structure which hears disputes relating to specific areas such as immigration, employment etc |
| Trust | | property legally entrusted to a person with instructions to use it for another person (or persons benefit) |
| Trustee | | a person who holds or administers property in a trust for another (or others) |
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| Undertaking | | a promise, which can be enforced by law, made by a party (person) or their legal representative during legal proceedings |
| Unfair dismissal | | dismissal for an insufficient reason for where the dismissal was handled unfairly. |
| Unfair term | | The Unfair Terms in Consumer Contracts Regulations 1999 govern unfair terms in standard form consumer contracts (i.e. contracts where there has been no scope for negotiation). An unfair term (as defined by the regulations) will not bind a consumer (e.g. a clause on a public car park notice which purports to exclude liability for personal injury is "unfair" and thus ineffective in a claim brought by a consumer against the owners of the car park). |
| Unspecified amount of money | | a sum which is not precise. |
| Unspecified Claim | | a claim where the amount to be awarded is left to the Court to determine, e.g. damages to be assessed for personal injuries. |
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| Varied order | | where the defendant is permitted by the Curt to vary the order or to make payment by instalments or by reduced instalments |
| Verdict | | the finding of guilty or not guilty by a jury |
| Vexatious litigant | | a person who continues to bring court cases even though they have little chance of succeeding. |
| Vice Chancellor | | senior judge and head of the Chancery Division of the High Court of Justice (although the Lord Chancellor is the nominal head) |
| Void contract | | a contract which has been nullified and therefore has no legal consequences. |
| Voidable contract | | a valid contract which can be brought to an end by the innocent party (e.g. because of a misrepresentation or improper pressure). |
| Voluntary | | when it is entered into without compulsion |
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| Walking Possession | | a signed agreement by a debtor not to remove goods levied by a bailiff under the authority of a warrant of execution and to allow the bailiff access at any time to inspect the goods, in consideration of which the bailiff leaves the goods in the possession of the debtor |
| Ward of Court | | the title given to a minor who is the subject of a wardship order. The order ensures that custody of the minor is held by the Court with day to day care of the minor being carried out by an individual(s) or local authority. As long as the minor remains a ward of Court, all decisions regarding the minors upbringing must be approved by the Court, e.g. transfer to a different school, medical treatment etc |
| Wardship | | High Court action making a minor a ward of court |
| Warrant of Committal | | method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is imprisonment. |
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