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Jargon Busters
Advocacy
Appearing for you at court hearing.
Act
Law, as in Act of Parliament.
Action
Proceedings issued in the High or County Court.
Barrister
A member of the Bar often referred to as Counsel.
Basic charges
Our fee for the legal work we do on your claim for damages.
Chambers
Private room or Courtroom to which the public are not allowed
access and where a District Judge or Judge conducts certain hearings.
Civil
Matters concerning private rights and not offences against
the State.
Civil Justice Reforms
The results of the Access to Justice report, the aim of
which was to provide effective access to justice in a quicker and cheaper
manner, and obtain more proportionate justice for Claimants.
Claim
Your demand for damages for personal injury whether or
not court proceedings are issued.
Claimant
The person issuing the claim, previously known as the Plaintiff.
Claim Form
The form that commences official legal proceedings.
Clinical Negligence
An action for damages arising from the alleged negligence
of a medical practitioner.
Common Law
The law established by precedent from judicial decisions
established within the community.
Compensation
Sum of money to make up for or make amends for injury,
breakage, hardship and/or inconvenience caused by another.
Conditional Fee Agreement
The document which sets out the terms of representation
between Solicitor and Client often referred to as a "No Win - No Fee" Agreement.
Contributory Negligence
Partial responsibility of a Claimant for the injury claim
in which he/she is claiming damages.
Counsel
A Barrister.
Counterclaim
A claim which your opponent makes against you in response
to your claim.
County Court
The court of first instance in a civil procedure.
Court
Body with judicial powers.
Court of Appeal
Court which is divided into Civil and Criminal Divisions
and hears appeals against decisions made in the High or County Courts.
Court of Protection
The branch of the High Court with jurisdiction over people
who are mentally incapable of handling their own affairs.
Court Room
The room in which cases are heard.
Damages
Money that you win whether by a court decision or settlement
Defendant
The person who is being sued.
Disbursements
Payments we make on your behalf such as:-
- Court fees
- Experts fees
- Accident report fees
- Travelling expenses
- Investigation fees
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.
Employers Liability
A claim for personal injury arising from injuries sustained
whilst completing employment responsibilities.
Expert Witness
Person employed to give evidence on a subject in which
they are qualified or have expertise.
Fast Track
The path that defended claims with a value of up to £15,000
are allocated to in the Court system.
General Damages
Payment for the injuries suffered by a Claimant in a personal
injury action. Extends to other heads of claim such as loss of amenity,
etc.
High Court
A Civil Court consisting of three Divisions - 1. Queen's
Bench (civil disputes for recovery of money, breach of contract, personal
injury claims); 2. Family (concerned with matrimonial matters and relating
to children); and 3. Chancery (property matters including fraud).
Highways
Act
The Law which governs road traffic legislation.
Industrial Disease
Injury sustained whilst in the workplace and determined
as an industrial disease.
Infant
Also known as a "Minor". A person under 18 years of age
who must be represented by a Litigation Friend as they are unable to act
on their own behalf.
Insurance
The cover provided by an Insurer to protect the Insured
from certain risks - mandatory for drivers of motor vehicles.
Interim Damages
Money that a court says your opponent must pay or your
opponent agrees to pay while waiting for a settlement or for the Court's
final decision.
Interim Hearing
A court hearing that is not final.
Judge
An officer appointed to administer the law who has the
authority to hear and try cases in a Court of Law.
Judgement
Final decision of a Court - a monetary or other type of
Court Order.
Jurisdiction
The geographical area in which the law operates.
Law
The system made up of rules established by Act of Parliament,
custom or practice.
Lien
Our right to keep all papers, document, money or other
property held on your behalf until all money due to us is paid. A lien
may be applied even after this agreement ends.
Litigation Friend
A person defending an infant.
Legal Expenses Insurance
Pre-existing legal expenses insurance often purchased or
supplied in conjunction with motor or household insurance.
Letter of Claim
One of the initial mandatory steps within the Personal
Injury Protocol - the letter contains information to the proposed Defendant
with regard to the claim against them.
Limitation
The period of time available to a Claimant to bring an
action against a Defendant. In the majority of personal injury cases this
will be 3 years.
Lose
The court has dismissed your claim or you have stopped
it on our advice.
Minor
Also known as an "Infant". A person under 18 years of age
who must be represented by a Litigation Friend as they are unable to act
on their own behalf.
Motor Insurers' Bureau
The bureau responsible for claims made against uninsured
or untraced driver claims.
Multi-Track
The path that defended claims with a value in excess of £15,000
are allocated to in the Court system.
Order
A Direction by a Court.
Part 36 offers or payments
An offer to settle your claim made in accordance with Part
36 of the Civil Procedure Rules.
In connection with any Part 36 Offer to Settle or a Part 36 Payment into Court made by your Opponent; you will not decline any such offer or payment without obtaining the prior written agreement of underwriters, such, agreement not to be unreasonably withheld. In the event that you do decline to accept such Part 36 offer to settle or a Part 36 Payment into Court and we, after consultation with underwriters and/or their representatives do not agree with this course of action then underwriters may withdraw the benefit of the policy and underwriters will have no liability under the policy in respect of our disbursements incurred before you declined the Part 36 offer to settle or the Part 36 Payment into Court.
Party
Any of the participants in a Court action or proceeding.
Personal Injury Protocol
The procedure stipulated by the Civil Procedure Rules to
be following in fast track personal injury cases.
Pleadings
Documents setting out the claim/defence of the parties
involved in the proceedings.
Police Report
The report compiled by the police following their attendance
at a road traffic accident.
Policy
A legal expense insurance policy that you have agreed to
purchase and which is administered by the Underwriters.
Provisional Damages
Money that the court says your opponent must pay or your
opponent agrees to pay, on the basis that you will be able to go back to
court at a future date for further damages if:-
you develop a serious disease; or your condition deteriorates.
in a way that has been proved or admitted to be linked to your personal injury claim.
Quantum
The amount of damages (compensation) awarded.
Rights of Audience
Entitlement to appear before a Court in a legal capacity
and conduct proceedings on behalf of a party to the proceedings.
Road Traffic Accident
Accident on a highway involving one or more vehicles.
Small Claims Track
The path that defended claims with a value of up to £5,000
(non injury) and £1,000.00 (injury) are allocated to in the Court
system.
Solicitor
Member of the legal profession chiefly concerned with clients
and the preparation of their cases.
Special Damages
Fixed and quantifiable losses associated with a claim for
personal injury damages such as loss of earnings, vehicle damage, etc.
Success fee
The percentage of basic charges that we add to our bill
if you win your claim for damages and that we shall seek to recover from
your opponent. If we do not recover our success fee from your opponent
we shall not seek to recover it from you.
Summons
An Order to appear or produce evidence to a Court.
Third Party
The term used to refer to the Defendant(s) prior to the
commencement of Court proceedings.
Tort
A civil wrong committed against a person for which compensation
will be sought through a Civil Court .
Trial
The final hearing of a case before the Court.
Win
You claim for damages is finally decided in your favour,
whether by a court decision or an agreement to pay you damages. 'Finally'
means that your opponent:-
is not allowed to appeal against the court decision; or has not appealed in time; or has lost any appeal.
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