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Glossary

Act - Law, as an act of parliament.

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.

Civil case or claim - A civil dispute that involves court action. See claim.

Claim - Proceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim.

Claimant - The person issuing the claim. Previously known as the Plaintiff.

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.

Commercial Court - Part of the Queen’s Bench Division of the High Court.

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.

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. 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 - Body with judicial powers. See also Courtroom.

Court of Appeal - Divided into:

1. civil and
2. criminal divisions and hears appeals:

1. from decisions in the High Court and county courts and,
2. against convictions or sentences passed by the Crown Court,

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.

Courtroom - The room in which cases are heard.

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.

The Crown Court is divided into tiers, depending on the type of work dealt with.

First Tier

• Defended High Court Civil work.
• All classes of offence in criminal proceedings.
• Committals for sentence from the Magistrates' Court.
• Appeals against convictions and sentences imposed at Magistrates' Court.

Second Tier

• All classes of offence in criminal proceedings.
• Committals for sentence from Magistrates' Court.
• Appeals against convictions and sentences imposed at Magistrates' Court.

Third Tier

• Class 4 offences only in criminal proceedings.
• Committals for sentence from Magistrates' Court.
• Appeals against convictions and sentences.

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.

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

Deed - A legal document which sets out the terms of an agreement, which is signed by both parties.

Dispute - A civil problem not dealt with in court, (a civil dispute which comes to court is called a civil case); challenging the views of the opposing party in a civil case.

Dock - Enclosure in criminal Court for the defendant on trial.

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.

Evidence - Documentary or other material which is used to support a person’s case in a court of law.

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

Hearing - A hearing is the trial of the case. Hearings are usually held in public.

High Court - A civil Court which consists of three divisions:-

1. Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;
2. Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship;
3. Chancery - property matters including fraud and bankruptcy.

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.

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.

Judgment set aside - A judgment or order can be set aside (made void) at the request of a party to the case in certain circumstances, for example if they were too ill to attend court on the day of the judgment.

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.

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

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.

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.

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.

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

Objection - Disagreement with an argument or set out by another at the hearing.

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.

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

Plaintiff - see Claimant.

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

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.

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

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.

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.

Telephone hearing - Hearings which can be conducted by telephone unless otherwise ordered are:

• all allocation hearings
• listing hearings
• case management hearings
• and interim applications.

They are under an hour. Any other application, requires the consent of all the parties and the agreement of the court.

Third party - Person who is not party to a legal case, but may be relevant because he or she owes the defendant money. In that case the defendant can issue a third party notice against such a party.

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. Orders can be granted preventing a defendant from withdrawing money from their bank or building society account. The money is paid to the claimant from the account. A third party debt order can also be sent to anyone who owes the defendant money.

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.

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. Previously known as an unliquidated claim.

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

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.

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

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