Legal Glossary

A B C D E F G H I J K L M N O P Q R S T U V W

A

Acknowledgement of service - the form a Defendant in a civil claim must use to acknowledge that they have received the claim form

Acquittal – the discharge of a Defendant in a Criminal matter following a verdict of not guilty

Adjournment - the postponing of the hearing of a case until a later date

Adoption - an act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage

Adultery - voluntary sexual intercourse between a married person and another person who is not the spouse, while the marriage is still valid. This is a common fact relied on in divorce proceedings

Advocate - a Barrister or Solicitor representing a party in a hearing before a Court

Affidavit - a written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it, such as a Solicitor or a Commissioner for Oaths

Affirmation - declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath. They declare by affirmation that the evidence he/she is giving is the truth

Allocation - the process 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

Allocation questionnaire - a claim is allocated to a case management track, when an allocation questionnaire has been returned completed by the parties in the case. Reponses to the questionnaire provide a judge with information on case value and other matters, to assist him or her to allocate the case to the correct track

Alternative dispute resolution (ADR) - these are schemes such as arbitration and mediation which are designed to allow parties to find a resolution to their problem, without legal action. A party's refusal to consider ADR could lead to sanctions against that party, by a judge, even if the party wins the case

Ancillary relief - additional claims (e.g. in respect of maintenance) attached to the petition for divorce/judicial separation/nullity

Annul - to declare no longer valid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. Often, permission (leave) is required for an appeal to occur.

Appellant - a person making an appeal

Applicant - person making the request or demand, e.g. person who issues an application

Application - the act of applying to a civil court to ask it to do something, for example to start proceedings

Arbitrator or Arbitration - a process in which both sides agree to use an impartial person who gives a binding decision in the matter

Assisted person - a party to legal proceedings who is receiving public funding (ie Legal Aid)

Assured tenancy - a tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure

Attachment of earnings order - an order that instructs an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed

B

Bail -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 - Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.

A bailiff can also serve (deliver) court documents on people

Bankrupt - insolvent - unable to pay creditors and having 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

Bar - the collective term for Barristers

Barrister - a lawyer entitled to represent clients in all courts

Brief - written instructions to a Barrister 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

C

Case -an action, suit or claim in a court of law. It can also mean the arguments put forward by parties in a court of law

Case Management Conference (CMC) - this is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters.

Case management tracks - civil cases are allocated to one of three case management tracks, depending on financial value, issues of law and the likely duration (length) of the case. The three tracks are (i) the small claims track in which cases to the value of five thousand pounds can be considered and the claimant does not have to have legal representation (ii) the fast track for cases of value between five and fifteen thousand pounds and (iii) the multi- track for cases of value over fifteen thousand pounds. Legal representation is advisable in the fast and multi-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) a warning, given by a Police Officer, to a person charged with an offence
iii) a warning, given by a Police Officer, instead of a charge

Caveat - a notice given to the Probate Registrar that effectively prevents action by another party without first notifying the party entering the caveat

Chancery Division - a part of the High Court which deals with cases involving land law, trusts and company law.

Charge – (i) a formal accusation against a person that a criminal offence has been committed; (ii) a restriction put over land to secure monies

Charging Order - a court order directing that a charge be put on the judgment debtors' property, such as a house or piece of land to secure payment of money due. 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

Civil - matters concerning private rights and not offences against the state

Civil case or claim - a civil dispute that involves court action

Civil Justice or civil law - a branch of the law which applies to the rights and dealings of private citizens, (including such matters as unpaid debts, negligence and the enforcement of contracts). It does not include criminal, immigration, employment or family matters

Civil Procedure - the rules and procedures to be followed for civil cases in the county courts and High Court

Civil Procedure Rules - the rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts.

Claim - proceedings issued in the County or High Court.

Claimant - The person issuing the claim

Claim form - proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought

Codicil - an addendum signed and executed which amends or adds something to a will

Commissioner of Oaths - Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence

Common Law - the law established, by precedent, from judicial decisions and established within a community

Compensation - usually a sum of money offered in recompense (to make amends) for an act, error or omission that harmed someone. The harm suffered may have been loss, personal injury or inconvenience

Complainant - a person who makes a complaint

Complaint - expressing discontent for something

Concurrent Sentence - a direction by a Court that a number of sentences of imprisonment should run at the same time

Conditional Discharge - a discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time

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

Contempt of Court - disobedience or wilful disregard to the judicial process.

Contributory Negligence - partial responsibility of a claimant for the injury in respect of which he/she claims damages

Co-respondent - a person named as an adulterer (or third person) in a petition for divorce

Costs - in civil proceedings the general rule is the person who wins the case is entitled to his or her costs. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. The award of costs is at the court's discretion

Counsel - a Barrister or Solicitor in legal proceedings

Counterclaim - a claim made by a defendant against a claimant in an action. There is no limit imposed on a counterclaim, but a fee is payable according to the amount counterclaimed

County Court - County courts 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. There are 218 county courts in England and Wales. 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 of Protection - the branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs

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

Covenant - a formal agreement or a contract constituting an obligation to perform an act

Creditor - a person to whom money is owed by a debtor

Cross-examination - the questioning of a witness for the other side in a case.

Crown Court - the Crown Court 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.

D

Damages - an amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract

Debtor - a person who owes money to someone or to an organisation

Decree Absolute - a final certificate, resulting from an application, dissolving a marriage

Decree Nisi - 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, which is signed by both parties

Default Judgment - 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. A claimant can apply for a default judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified.

Defence (civil) - when the defendant disputes the claim made by the claimant

Defendant (civil) - the person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in full

Defendant (criminal) - person standing trial or appearing for sentence
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. A costs officer would carry out the assessment. See also Summary assessment.

Directions (civil) - case management instructions given by the judge which give a time-table for pre-trial procedures. In cases allocated to the small claims track the judge will usually give standard directions, in cases allocate to the multi-track, there may be several hearings on directions

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 disclose (show to the other party) documents they intend to rely on in court to support their case

Discovery of documents - Mutual exchange of evidence and all relevant information held by each party relating to the case

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

Dismissal - To make order or decision that a claim be ceased

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

Divorce - Dissolution or nullity of marriage

E

Either-way 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

Enforcement - Method 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

Estate - The rights and assets of a person in property

Executor - A person or persons specified to carry out the provisions of a will

F

Fieri-Facias (FI-FA) - 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

Fixed costs - Costs in civil cases that are set at a certain level and can be claimed in specific circumstances. For example, if a defendant does not acknowledge a claim, the claimant can obtain judgment and an order for fixed costs to offset the cost of beginning the claim

G

Guarantor - Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement

Guardian - A person appointed to safeguard/protect/manage the interests of a child or person under mental disability

H

High Court - A civil Court which consists of three divisions – Queen's Bench, Family and Chancery:

High Court Enforcement Officers - An enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders

I

Indictable Offence - A criminal offence triable only by the Crown Court.

Infant - Also known as a minor: A person under 18 years of age which prevents them from acting on their own behalf in legal proceedings

Injunction - A court order which either restrains a person from a course of action or behaviour, or which requires a person to follow another course of action.

Intestate - Without leaving a will

Interim order - An order made during proceedings which is not a final order

Issue - (i) To initiate legal proceedings in pursuit of a claim (ii) child or children

J

Judge - An officer appointed to administer the law and who has authority to hear and try cases in a court of law

Judgment - The decision or sentence issued by a court in legal proceedings

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

Jury - Body 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

L

Landlord - A person or organisation which owns land and / or buildings which are leased to tenants

Landlord and Tenant Act - Act which empowers applications (seeking extension of a lease or some other action concerning tenancy

Law Lords - Describes the judges of the House of Lords who are known as the Lords of Appeal in ordinary

Lawyer - The legal profession in the UK is divided into two branches. Barristers have the right to represent clients in higher courts whereas most solicitors are restricted to represent their clients in the lower courts

Lay representative - A person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse.

Lease - The letting of land or tenements, e.g. rent etc, for property for a prescribed period

Legal Personal Representative - The person to whom a Grant of Probate or Letters of Administration has been issued

Legatee - Person to whom personal estate is given by will

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

Liability - Responsibility or obligation. For example, a debt is a liability or responsibility

Libel - A written and published statement/article 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

Litigant in person - A person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the court

Litigation - Legal proceedings or court action. Litigation can be either civil or criminal proceedings

Litigation friend - A person who conducts legal proceedings on behalf of a child or a mentally incapacitated person

M

Magistrates Court - A 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. Also has jurisdiction in a range of civil matters

Mediation - A process for resolving disagreements in which an impartial third party (the mediator) helps people in dispute to find a mutually acceptable resolution. If mediation fails court proceedings can be initiated or re-activated

Minor - Someone below 18 years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian

Mitigation - Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence

Mortgage - A loan of money advanced to purchase property. The transfer of the property is withheld as security for payment

Mortgagor - The party obtaining the loan

Mortgagee - The party that advances the loan

N

Non-Molestation - An order within an injunction to prevent one person physically attacking another

Notary Public - Someone who is authorised to swear oaths and certify the execution of deeds

Notice to Quit - Gives prior notice, when served in possession proceedings, of termination of a tenancy

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

O

Oath - To call upon God to witness that what you say at the hearing is the truth or binding

Order - A direction by a Court

P

Part 8 Claim - An alternative procedure for issuing a claim to the court

Particulars of claim - This document contains details of the claimant's claim which must be contained in the claim form or served shortly after the claim form has been served. 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)

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

Personal injury claim - A civil claim, which relates to physical or mental harm suffered by a claimant, due to the defendant's alleged negligence

Petition - A method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved (divorce proceedings)

Petitioner - A person who presents the petition

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 Proceedings - Legal proceedings by a landlord to recover land or property such as a house or flat

Pre-action protocols - These are 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

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

Probate - The legal recognition of the validity of a Will

Prosecution - The institution or conduct of criminal proceedings against a person

Prosecutor - Person who prosecutes

Q

Quantum - In a damages claim the amount to be determined by the court

Queens Bench Division - A division of the High Court. The QBD has jurisdiction (reasonability for) civil disputes involving the recovery of money, including breach of contract; personal injuries; libel and slander

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

R

Remand - To order an accused person to be kept in custody or placed on bail pending further Court appearance

Respondent (Family) - The person on whom a petition or originating application is served

Respondent (Civil & Crime) - The defending party (person) in an appeal or in a petition to the courts

S

Service - Delivery by post, or in person, of the claim form, or other court documents

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 – Queen's Counsel, a senior barrister sometimes referred to as a leader or leading counsel

Slander - Spoken words which have a damaging effect on a person's reputation

Solicitor - Member of the legal profession chiefly concerned with advising clients and preparing their cases and representing them in some Courts. May also act as advocates before certain Courts or tribunals

Statement - A written account by a witness of the facts of details of a matter

Statement of Case - The statement of case contains the outline of the claimant's case and includes: (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 - Every statement of case must be verified by a statement of truth, signed by the parties involved. A statement of truth is a statement that says that a party believes the facts they have written down are true

Stay - A suspension of court proceedings. This remains in effect until an order has been followed. No action may be taken in the case other than an application to have the stay lifted. A case can also be stayed when an offer of payment is accepted or if the court feels it is necessary

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. A summary judgment can be obtained without a trial or hearing. A defendant can also obtain summary judgment if he or she can establish that the claimant has no real prospect of succeeding on the claim. You have to apply to the court for a summary judgement hearing to take place

Summary Offence - A criminal offence which is triable only by a Magistrates Court

Summons - Order to appear or to produce evidence to a court

Suspended Sentence - A custodial sentence which will not take effect unless there is a subsequent offence within a specified period

T

Tenant - A person who holds land or property under a lease

Testator - A person who makes a will

Tort - An action in tort is a claim for damages to compensate the claimant for harm suffered. Such claims arise from cases of personal injury, breach of contract and damage to personal reputation. As well as damages, remedies include an injunction to prevent harm occurring again

Trial - A public hearing in which the evidence in a case, and the law which applies, are examined

Tribunal - A tribunal is a body outside of the court structure. They hear disputes relating to specific areas such as immigration, employment and some tax matters and adjudicate on them. Tribunals are thought to be cheap and fast and allow expert knowledge to be applied

Trust - Property legally entrusted to a person with instructions to use it for another person (or person's benefit)

Trustee - A person who holds or administers property in a trust for another (or others)

U

Undertaking - A promise, which can be enforced by law, made by a party (person) or their legal representative during legal proceedings

V

Verdict - The finding of guilty or not guilty by a jury

Vexatious litigant - A person who regularly brings court cases which have little chance of succeeding. The Attorney General can apply to the High Court for an order to prevent such as person form starting legal proceedings without permission

W

Warrant of Committal - Method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is imprisonment; the bailiff is authorised to carry out the arrest and deliver the person to prison (or in some instances the Court)

Warrant of Delivery - Method of enforcing a judgment for the return of goods (or value of the goods) whereby a bailiff is authorised to recover the goods (or their value) from the debtor and return them to the creditor

Warrant of Execution - A method of enforcing a judgment. The bailiff is authorised to remove goods belonging to a defendant from their home or business for sale at public auction.

Warrant of Possession - This gives court bailiffs the authority to take possession of a property and evict the defendant in cases, where an order for possession has been granted by a court

Will - A declaration of a person's intentions to distribute his/her estate and assets

Winding up - The voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors

Witness - A person who gives evidence in Court, called to give evidence because they witnesses an event

Witness summons - A document issued by a court which requires a person to give evidence in court or to produce a report or other documentation for the court

Written evidence / statement - A written statement of relevant facts which is submitted to the court