Legal Glossary

289 legal terms with plain-English definitions.

Showing 289 of 289 terms

ACAS

Employment Law

Advisory, Conciliation and Arbitration Service. A public body that provides free advice on workplace disputes and offers Early Conciliation before employment tribunal claims.

Acknowledgment of Service

Court Procedure

A formal document filed by a defendant confirming they have received the claim form, and indicating whether they intend to defend the claim.

Adjournment

Court Procedure

The postponement or suspension of a court hearing to a later date or time. A judge may adjourn a hearing at the request of a party or of their own initiative.

Admiralty Claim

Court Procedure

A claim relating to maritime law matters such as shipping disputes, cargo damage, or collisions at sea, typically dealt with in the Admiralty Court.

Affidavit

Evidence

A written statement of facts confirmed by the person making it under oath or affirmation. Used as evidence in court proceedings.

Affirm

Court Procedure

To solemnly promise to tell the truth in court without swearing a religious oath. Also refers to an appeal court upholding a lower court decision.

Allocate

Court Procedure

The process by which the court assigns a case to one of three tracks (small claims, fast track, or multi-track) based on the value and complexity of the claim.

Alternative Dispute Resolution (ADR)

General

Methods of resolving disputes outside court, including mediation, arbitration, and negotiation. Courts actively encourage ADR and may penalise parties who unreasonably refuse it.

Amend

Court Procedure

To change or alter a document that has been filed at court, such as particulars of claim or a defence. Permission from the court may be required.

Ancillary Relief

Family Law

The former name for financial remedy proceedings in divorce cases. Now referred to as financial remedy proceedings.

Anton Piller Order

Remedies

Now known as a Search Order. A court order allowing a party to enter premises to search for and seize evidence that might otherwise be destroyed. Named after the case Anton Piller KG v Manufacturing Processes Ltd.

Appeal

Appeals

An application to a higher court to review and change the decision of a lower court. Appeals are generally only allowed on points of law or where the lower court made a serious procedural error.

Appellant

Appeals

The party who brings an appeal against a court decision.

Applicant

Court Procedure

A person who makes an application to the court, for example for an injunction or other court order.

Arbitration

General

A form of alternative dispute resolution where an independent arbitrator makes a binding decision on a dispute, rather than the matter going to court.

Assessment of Costs

Costs

The process by which the court determines the amount of legal costs one party must pay to the other. Can be done on a standard or indemnity basis.

Attachment of Earnings

Enforcement

A method of enforcing a judgment debt by requiring the debtor's employer to make regular deductions from wages and pay them directly to the creditor.

Balance of Probabilities

Evidence

The standard of proof in civil cases. A party must show that their version of events is more likely than not to be true (more than 50% probable).

Bankruptcy

Enforcement

A legal process for individuals who cannot pay their debts. A bankruptcy order may be made by the court following a petition, resulting in the debtor's assets being distributed to creditors.

Barrister

General

A qualified legal professional who specialises in advocacy and giving expert legal opinions. Barristers are typically instructed by solicitors to represent clients in court.

Basic Award

Employment Law

The first element of compensation for unfair dismissal, calculated in the same way as a statutory redundancy payment based on age, length of service, and weekly pay.

Bench

General

The seat or seats where judges sit in court. Also used to refer to the judges collectively.

Bill of Costs

Costs

A detailed document listing all costs claimed by a party in litigation, prepared for the purpose of detailed assessment.

Breach of Contract

Contract Law

The failure by a party to perform their obligations under a contract without a lawful excuse. The innocent party may claim damages or seek other remedies.

Brief

General

Instructions given by a solicitor to a barrister to represent a client at a hearing. Also refers to the bundle of documents provided.

Bundle

Court Procedure

A paginated, indexed collection of documents prepared for a court hearing. Bundles must typically comply with court rules regarding format and content.

Burden of Proof

Evidence

The obligation on a party to prove their case. In civil proceedings, the burden usually falls on the claimant to prove their claim on the balance of probabilities.

Calderbank Offer

Costs

A 'without prejudice save as to costs' offer to settle. Named after the case of Calderbank v Calderbank. Used where Part 36 does not apply.

Capacity

General

The legal ability of a person to enter into contracts, bring legal proceedings, or make decisions. Minors and persons lacking mental capacity have limited legal capacity.

Case Management

Court Procedure

The process by which the court controls the progress of a case, including setting timetables, giving directions, and ensuring cases are dealt with efficiently.

Case Management Conference (CMC)

Court Procedure

A hearing at which the court reviews the progress of a case and gives directions about how it should proceed to trial.

Causation

General

The link between the defendant's wrongful act and the claimant's loss. The claimant must show that the loss was caused by the defendant's breach or negligence.

Cause of Action

General

The legal basis on which a claim is made. For example, breach of contract, negligence, or unfair dismissal.

Caveat

Court Procedure

A formal notice filed to prevent a certain action being taken without the filer being notified, commonly used in probate to prevent a grant being issued.

Chambers

Court Procedure

A judge's private room where hearings may take place away from the public courtroom. Many interim applications are heard in chambers.

Charging Order

Enforcement

A court order that secures a judgment debt against a debtor's property (usually their home). If the debt is not paid, the property may be forced to be sold.

Child Arrangements Order

Family Law

A court order determining with whom a child shall live and when the child shall spend time with each parent or other person.

Chronology

Court Procedure

A timeline of key events relevant to a case, usually prepared as a document for the court. Chronologies help the judge understand the sequence of events.

Circuit Judge

General

A judge who sits in the County Court or Crown Court. Circuit judges hear more complex civil cases than district judges.

Claim Form

Court Procedure

The document (Form N1) used to start civil proceedings in the County Court or High Court. It sets out the basic details of the claim.

Claimant

General

The person who starts civil court proceedings by issuing a claim form. Formerly known as the plaintiff.

Claimant's Costs Budget

Costs

A detailed estimate of the claimant's future costs in multi-track cases, filed on Precedent H for the court to approve or revise.

Committal

Enforcement

Proceedings to send someone to prison for contempt of court, for example for breaching a court order.

Compensatory Award

Employment Law

An award of damages designed to compensate a party for actual losses suffered. In employment law, it is the main element of an unfair dismissal award.

Compromise Agreement

Employment Law

Now called a Settlement Agreement. A legally binding agreement between employer and employee settling claims, usually in exchange for a payment. The employee must receive independent legal advice.

Concurrent Jurisdiction

Court Procedure

Where more than one court has the power to hear a particular case.

Condition Precedent

Contract Law

A condition that must be fulfilled before a contractual obligation becomes binding or before a right can be exercised.

Conditional Fee Agreement (CFA)

Costs

A funding arrangement where a solicitor agrees to act on a 'no win, no fee' basis, with a success fee payable if the case is won.

Consent

General

Agreement or permission given voluntarily. In contract law, valid consent requires capacity, free will, and proper understanding of the terms.

Consent Order

Court Procedure

A court order made with the agreement of all parties. Often used to record the terms of a settlement.

Consideration

Contract Law

Something of value given by each party to a contract in exchange for the other's promise. A contract without consideration (unless made by deed) is generally not enforceable.

Consolidation

Court Procedure

The combining of two or more sets of proceedings into a single action, usually because they involve common issues of fact or law.

Constructive Dismissal

Employment Law

When an employee resigns because the employer has fundamentally breached the employment contract. The resignation is treated as a dismissal in law.

Contempt of Court

General

Behaviour that defies or disrespects the authority of the court, including disobeying court orders, disrupting proceedings, or publishing restricted information.

Contributory Negligence

General

Where the claimant's own carelessness partly caused or contributed to their loss. Damages may be reduced to reflect the claimant's share of blame.

Conveyancing

Property Law

The legal process of transferring ownership of property from one person to another.

Costs

Costs

The legal expenses incurred in bringing or defending a case. The court can order one party to pay some or all of the other party's costs.

Costs Budget

Costs

A detailed estimate of the costs a party expects to incur in litigation, filed with the court for approval in multi-track cases (Precedent H).

Costs Capping Order

Costs

A court order limiting the amount of costs that can be recovered, used to keep litigation proportionate.

Counterclaim

Court Procedure

A claim made by a defendant against the claimant in the same proceedings. It is treated as a separate claim but dealt with at the same time.

County Court

General

A civil court that deals with a wide range of cases including contract disputes, personal injury, housing, and debt recovery. Most civil claims are issued here.

Court of Appeal

Appeals

The court that hears appeals from the High Court, County Court, and certain tribunals. Has Civil and Criminal divisions.

Covenant

Property Law

A formal promise in a deed, particularly in property law. Restrictive covenants limit what can be done with land; positive covenants require certain actions.

CPR (Civil Procedure Rules)

Court Procedure

The rules governing how civil cases are conducted in the County Court and High Court in England and Wales. They set out procedures, time limits, and requirements for all stages of litigation.

Cross-Examination

Evidence

The questioning of a witness by the opposing party or their representative. The purpose is to test the reliability and accuracy of the witness's evidence.

Damages

Remedies

A sum of money awarded by the court as compensation for loss or injury caused by another party's wrongful act or breach of obligation.

Damages-Based Agreement (DBA)

Costs

A funding arrangement where the lawyer's fee is a percentage of the damages recovered. If the case is lost, no fee is payable.

Declaration

Remedies

A court order that states the legal position or rights of the parties, without requiring any party to do or pay anything.

Deed

Property Law

A formal legal document that is signed, witnessed, and delivered. Used for transferring property, granting powers of attorney, and other significant transactions.

Default Judgment

Court Procedure

A judgment entered against a defendant who fails to respond to a claim within the required time period, without the need for a hearing.

Defence

Court Procedure

The document filed by a defendant setting out their response to the claimant's case, including any admissions, denials, or alternative version of events.

Defendant

General

The person against whom civil proceedings are brought. In employment tribunal proceedings, the equivalent is the respondent.

Deposition

Evidence

Evidence given under oath outside court, recorded in writing. Used when a witness is unable to attend the hearing.

Detailed Assessment

Costs

A line-by-line review of a party's legal costs by a costs judge, used when parties cannot agree the amount of costs to be paid.

Dilapidations

Property Law

A claim by a landlord against a tenant for breach of repairing obligations in a lease, usually made at the end of the lease term.

Directions

Court Procedure

Instructions given by the court setting out the steps that must be taken and the timetable for preparing a case for trial.

Disbursements

Costs

Expenses paid by a solicitor on behalf of a client during a case, such as court fees, expert fees, barrister's fees, and photocopying costs.

Disclosure

Court Procedure

The process by which parties must reveal to each other all documents relevant to the issues in the case, whether helpful or harmful to their position.

Discontinuance

Court Procedure

The process by which a claimant can end proceedings without obtaining a judgment. The claimant usually becomes liable for the defendant's costs.

Discovery

Court Procedure

The former term for disclosure. The process of revealing relevant documents to the other party in litigation.

Discrimination

Employment Law

Treating a person less favourably because of a protected characteristic such as age, disability, gender, race, religion, sexual orientation, or pregnancy.

Dismissal

Employment Law

The termination of a person's employment by their employer. Can be fair (with valid reason and proper procedure) or unfair.

District Judge

General

A judge who sits in the County Court and deals with the majority of civil cases, particularly small claims and fast track matters.

Duress

Contract Law

Threats or pressure that compel a person to act against their will. A contract entered into under duress may be voidable.

Duty of Care

General

A legal obligation to take reasonable care to avoid causing harm to others. The foundation of a claim in negligence.

Early Conciliation

Employment Law

A mandatory process through ACAS that potential employment tribunal claimants must undertake before issuing proceedings, giving parties an opportunity to resolve disputes.

Easement

Property Law

A right over someone else's land, such as a right of way or right to light. Easements can be created by deed, prescription, or necessity.

Enforcement

Enforcement

The process of compelling compliance with a court judgment or order. Methods include warrants of control, attachment of earnings, charging orders, and third party debt orders.

Equitable Interest

Property Law

A right in property recognised by equity but not by common law, such as the interest of a beneficiary under a trust.

Equitable Remedy

Remedies

A remedy granted at the court's discretion, such as an injunction, specific performance, or rescission. Available where damages would be inadequate.

Estoppel

General

A legal principle that prevents a person from going back on a promise or representation if another person has relied on it to their detriment.

Evidence

Evidence

Information presented to the court to prove or disprove facts in issue. Includes witness statements, documents, photographs, and expert reports.

Evidence in Chief

Evidence

The evidence given by a witness when first called to give evidence by the party who called them. In civil cases this is typically contained in the witness statement.

Ex Parte

Court Procedure

Now usually called 'without notice'. An application made to the court by one party without the other party being present or having been given notice.

Examination in Chief

Evidence

The questioning of a witness by the party who called them. In civil proceedings this is largely replaced by the witness statement standing as evidence in chief.

Execution

Enforcement

The process of enforcing a court judgment, typically referring to the seizure of goods by enforcement agents to satisfy a debt.

Exemplary Damages

Remedies

Damages awarded to punish the defendant for outrageous conduct, rather than to compensate the claimant. Rare in civil proceedings.

Exhibit

Evidence

A document or item referred to in a witness statement or affidavit and attached to it. Each exhibit must be clearly identified and labelled.

Expert Witness

Evidence

A person with specialist knowledge or qualifications who gives an opinion to the court on matters within their expertise. The expert's overriding duty is to the court.

Fair Dismissal

Employment Law

A dismissal for a potentially fair reason (such as capability, conduct, redundancy, or statutory restriction) where the employer followed a fair procedure.

Fast Track

Court Procedure

The court track for claims valued between £10,000 and £25,000 that can be tried in one day. Has a fixed timetable and limited costs recovery.

Fiduciary Duty

General

A duty of trust and loyalty owed by one person to another, such as a director to a company or a trustee to beneficiaries.

Filing

Court Procedure

The act of delivering documents to the court for inclusion in the court file. Documents can be filed in person, by post, or electronically.

Final Hearing

Court Procedure

The trial or main hearing where the court makes a final determination of the issues in the case, as opposed to interim or preliminary hearings.

Financial Remedy

Family Law

Court orders dealing with the financial arrangements between spouses on divorce, including division of assets, maintenance, and pension sharing.

Fixed Costs

Costs

Predetermined amounts of costs that can be recovered in certain types of cases, as set out in the Civil Procedure Rules.

Force Majeure

Contract Law

An event beyond the control of the parties (such as war, natural disaster, or pandemic) that prevents performance of contractual obligations.

Forfeiture

Property Law

The loss of a right, typically a landlord's right to terminate a lease because the tenant has breached its terms.

Forum

Court Procedure

The court or tribunal in which proceedings are brought. Disputes about the appropriate forum are decided by rules on jurisdiction.

Freehold

Property Law

Absolute ownership of land for an unlimited period. The highest form of land ownership in English law.

Freezing Injunction

Remedies

A court order preventing a party from disposing of or dealing with their assets, to ensure they are available to satisfy a judgment. Formerly called a Mareva injunction.

Frustration

Contract Law

The automatic termination of a contract when an unforeseen event makes performance impossible, illegal, or radically different from what was agreed.

Garnishee Order

Enforcement

Now called a Third Party Debt Order. An order requiring a third party who owes money to the judgment debtor to pay it directly to the judgment creditor instead.

General Damages

Remedies

Compensation for losses that are not easily quantifiable in monetary terms, such as pain and suffering, loss of amenity, or future losses.

Good Faith

Contract Law

Honesty and fairness in dealing with others. An implied duty in certain contracts and increasingly recognised as an obligation in long-term commercial relationships.

Grievance

Employment Law

A formal complaint raised by an employee about their treatment at work. Employers should have a grievance procedure in accordance with the ACAS Code of Practice.

Gross Misconduct

Employment Law

Very serious employee misconduct that fundamentally breaches the employment contract, potentially justifying summary dismissal without notice.

Grounds of Appeal

Appeals

The specific reasons on which an appeal is based. These must be clearly stated in the appellant's notice and usually relate to errors of law or serious procedural irregularity.

Guarantee

Contract Law

A promise by one party (the guarantor) to be responsible for the debt or obligations of another party if that party fails to meet them.

Habeas Corpus

Remedies

A legal remedy requiring a person who is detained to be brought before the court so the lawfulness of their detention can be examined.

Harassment

Employment Law

Unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating environment.

Hearing

Court Procedure

A court session at which a case or application is considered by a judge. Can be in open court or in private (formerly 'in chambers').

Hearsay

Evidence

Evidence of a statement made out of court that is offered to prove the truth of what was said. In civil proceedings, hearsay evidence is admissible but notice must be given.

High Court

General

A senior court that deals with complex or high-value civil cases. Divided into the Queen's Bench Division, Chancery Division, and Family Division.

Implied Term

Contract Law

A term that is not expressly stated in a contract but is read into it by law, custom, or business necessity. For example, terms implied by statute in employment contracts.

Indemnity

General

An obligation on one party to compensate another for loss or damage. Also refers to the more generous basis for assessing costs.

Indemnity Costs

Costs

Costs assessed on a more generous basis than standard costs. Any doubt as to whether costs were reasonably incurred is resolved in favour of the receiving party.

Indictment

General

A formal document setting out the charges against a person accused of a serious criminal offence to be tried in the Crown Court.

Injunction

Remedies

A court order requiring a party to do something (mandatory injunction) or to refrain from doing something (prohibitory injunction). Breach of an injunction is contempt of court.

Injunctive Relief

Remedies

A court order requiring a party to do or refrain from doing something. Granted as an equitable remedy where damages would be inadequate.

Insolvency

Enforcement

The state of being unable to pay debts as they fall due (cash flow insolvency) or having liabilities that exceed assets (balance sheet insolvency).

Interim Application

Court Procedure

An application made during proceedings before the final hearing, such as an application for an injunction, specific disclosure, or summary judgment.

Interim Payment

Remedies

A payment on account of damages or costs ordered by the court before the final determination of the claim.

Interlocutory

Court Procedure

Relating to an interim or provisional step in proceedings, as opposed to a final determination. Now more commonly referred to as 'interim'.

Issue

Court Procedure

To formally start legal proceedings by filing the claim form at court and having it sealed and dated by the court office.

Joinder

Court Procedure

The process of adding additional parties to existing proceedings, either as claimants or defendants.

Joint and Several Liability

General

Where two or more parties are each independently liable for the full amount of a claim. The claimant can recover the full amount from any one of them.

Judgment

Court Procedure

The formal decision of the court on the matters in dispute. A judgment may order the payment of money, grant an injunction, or make declarations.

Judicial Review

Court Procedure

The process by which the High Court reviews the lawfulness of decisions made by public bodies, government ministers, and inferior courts or tribunals.

Jurisdiction

General

The authority of a court to hear and decide a case. Depends on factors such as the type of claim, the amount in dispute, and the geographical area.

Knowledge

General

In legal context, what a person actually knew or ought reasonably to have known. Relevant to limitation periods, discrimination claims, and duties of care.

Landlord and Tenant

Property Law

The area of law governing the relationship between the owner of property and the person who occupies it under a lease or tenancy agreement.

Leasehold

Property Law

Ownership of property for a fixed period of time under a lease. The leaseholder has rights and obligations as set out in the lease.

Leave

Court Procedure

Permission from the court. Now more commonly referred to as 'permission'. For example, permission to appeal or permission to amend a statement of case.

Legal Aid

General

Government-funded legal assistance for people who cannot afford to pay for legal representation. Availability is now very limited in civil cases.

Letter Before Action

Court Procedure

A letter sent to a potential defendant before issuing court proceedings, setting out the basis of the claim and giving the recipient an opportunity to respond. Required by pre-action protocols.

Liability

General

Legal responsibility for one's acts or omissions. A party is liable if the court finds they have breached a duty owed to the other party.

Lien

Property Law

The right to retain possession of another person's property until a debt owed by the owner is paid.

Limitation Period

Court Procedure

The time limit within which legal proceedings must be started. For most contract and tort claims this is 6 years; for personal injury it is 3 years.

Liquidated Damages

Contract Law

A sum specified in a contract as the amount payable in the event of a breach. Must be a genuine pre-estimate of loss to be enforceable.

Lis Pendens

General

A pending lawsuit. The doctrine that a pending legal action gives notice to all parties of a claim on the property involved.

Litigant in Person

General

A person who represents themselves in court proceedings without a solicitor or barrister. Also called a self-represented litigant.

Litigation Friend

General

A person who conducts court proceedings on behalf of a child (under 18) or a protected party (someone who lacks mental capacity).

Locus Standi

General

The right or capacity to bring an action or appear in court. A party must have sufficient interest in the matter to have standing.

Maintenance Pending Suit

Family Law

Temporary financial support ordered by the court during divorce proceedings, before the final financial settlement.

Mandatory Order

Remedies

A court order requiring a public body to perform a public duty. One of the remedies available in judicial review proceedings.

Mareva Injunction

Remedies

The former name for a freezing injunction. An order preventing a party from dissipating their assets before judgment.

Material Breach

Contract Law

A breach of contract that is so serious it goes to the root of the agreement, entitling the innocent party to terminate the contract and claim damages.

McKenzie Friend

General

A person who assists a litigant in person in court by taking notes, quietly making suggestions, and organising documents. They do not usually have a right to address the court.

Mediation

General

A form of alternative dispute resolution where an independent mediator helps the parties negotiate a settlement. The mediator does not make a decision but facilitates agreement.

Misrepresentation

Contract Law

A false statement of fact made by one party to another that induces the other party to enter into a contract. Can be fraudulent, negligent, or innocent.

Mitigation

Remedies

The duty of a claimant to take reasonable steps to minimise their loss. Failure to mitigate can reduce the amount of damages awarded.

Money Claim Online (MCOL)

Court Procedure

An online service for issuing and managing money claims up to £100,000 through the County Court.

Mortgage

Property Law

A legal charge over property given as security for a loan. If the borrower defaults, the lender may seek possession and sale of the property.

Multi-Track

Court Procedure

The court track for cases valued at more than £25,000 or those of particular complexity. Provides for more extensive case management and longer trials.

Natural Justice

General

The fundamental principles of fairness in legal proceedings: that a person is entitled to a fair hearing and that the decision-maker must be impartial.

Negligence

General

A tort consisting of a breach of the duty of care owed to the claimant, which causes foreseeable loss or damage. The claimant must prove duty, breach, causation, and damage.

No Case to Answer

Court Procedure

A submission made by the defendant at the close of the claimant's case that the claimant has not produced enough evidence to establish their claim.

Non-Molestation Order

Family Law

A court order in family law prohibiting a person from molesting, threatening, or intimidating another person or a child.

Notice

Court Procedure

Formal notification given to a party, often required before certain steps can be taken. For example, notice of intention to rely on hearsay evidence.

Nuisance

Property Law

An unlawful interference with a person's use or enjoyment of their land (private nuisance) or with the public's rights (public nuisance).

Oath

Evidence

A solemn promise to tell the truth, typically sworn on a religious text. Witnesses in court give evidence on oath or affirmation.

Objection

Court Procedure

A formal protest raised during a hearing, usually about the admissibility of evidence or the propriety of a question being asked of a witness.

Occupation Order

Family Law

A court order regulating who may live in the family home. Can exclude one party from the home or restrict them to part of it.

Offer to Settle

Court Procedure

A proposal by one party to resolve the case on certain terms. May be made under Part 36 of the CPR, which carries significant costs consequences.

Opinion

General

Written legal advice from a barrister on a particular issue or the merits of a case. Also called a 'counsel's opinion' or 'advice'.

Oral Examination

Enforcement

A court hearing at which a judgment debtor is required to attend and answer questions about their income, assets, and ability to pay under oath.

Order

Court Procedure

A formal instruction from the court requiring the parties or others to do or not do something. Must be obeyed; failure to comply may be contempt of court.

Overriding Objective

Court Procedure

The fundamental principle of the CPR: to deal with cases justly and at proportionate cost. All procedural rules must be interpreted in accordance with this objective.

Parental Responsibility

Family Law

All the rights, duties, powers, and responsibilities a parent has in relation to their child. Mothers have it automatically; fathers may need to acquire it.

Part 36 Offer

Costs

A formal offer to settle made under CPR Part 36. Carries automatic costs consequences if the case goes to trial and the judgment is not more advantageous than the offer.

Particulars of Claim

Court Procedure

The document setting out the details of the claimant's case, including the facts relied upon, the legal basis for the claim, and the remedy sought.

Parties

General

The people or organisations involved in a legal dispute. In civil proceedings these are typically the claimant and defendant.

Penalty Clause

Contract Law

A contractual term requiring a party to pay an excessive sum for breach, which the court may refuse to enforce as being out of proportion to any legitimate interest.

Peremptory Order

Court Procedure

A strict court order, often called an 'unless order', which states that if a party fails to comply, their case (or defence) will be struck out automatically.

Permission

Court Procedure

Authorisation from the court to take a particular step, such as appealing a decision, amending a document, or calling expert evidence.

Permission to Appeal

Appeals

The authorisation required before an appeal can proceed. Can be sought from the judge who made the decision or from the appeal court itself.

Personal Injury

General

Physical or psychological harm caused to a person. Personal injury claims typically involve negligence, workplace accidents, or road traffic accidents.

Petition

Court Procedure

A formal application to the court, used in particular types of proceedings such as divorce, bankruptcy, and winding up.

Pleadings

Court Procedure

The formal documents exchanged by the parties setting out their respective cases, including the particulars of claim, defence, and any reply or counterclaim.

Possession

Property Law

Physical control of land or property. Possession proceedings allow a landlord or mortgage lender to recover property from an occupant.

Practice Direction

Court Procedure

Supplementary rules that accompany the CPR, providing detailed guidance on how specific procedures should be carried out.

Pre-Action Protocol

Court Procedure

Codes of conduct that parties must follow before starting court proceedings. They require exchanging information, considering ADR, and attempting to settle.

Precedent

General

A previous court decision that must be followed by lower courts when dealing with similar legal issues. The doctrine of binding precedent is a cornerstone of English law.

Preliminary Hearing

Court Procedure

A hearing held before the main trial to deal with procedural matters, case management, or to determine a preliminary issue that may resolve the case.

Prescription

Property Law

The acquisition of rights (such as easements) through long use over a specified period. Also refers to the time limits for bringing claims in some jurisdictions.

Privilege

Evidence

The right to withhold documents or communications from disclosure. Includes legal professional privilege (advice from lawyers) and litigation privilege.

Privity of Contract

Contract Law

The principle that only parties to a contract can enforce its terms. Modified by the Contracts (Rights of Third Parties) Act 1999.

Pro Bono

General

Legal work done free of charge, typically for people who cannot afford to pay for legal advice or representation.

Probate

General

The legal process of administering a deceased person's estate, including proving the validity of a will and distributing assets.

Procedural Judge

Court Procedure

A judge dealing with case management and procedural matters, as opposed to the judge who will hear the final trial.

Proportionality

Court Procedure

The principle that the costs and procedures used in a case should be proportionate to the value, importance, and complexity of the issues involved.

Protected Characteristic

Employment Law

One of nine characteristics protected by the Equality Act 2010: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion, sex, and sexual orientation.

Protected Disclosure

Employment Law

A qualifying disclosure of information about wrongdoing in the workplace (whistleblowing). Workers are protected from dismissal or detriment for making protected disclosures.

Protective Award

Employment Law

An award made by an employment tribunal requiring an employer to pay wages to employees for a protected period where the employer failed to properly consult about collective redundancies.

Quantum

Remedies

The amount of money to be awarded as damages. Often dealt with separately from liability (whether the defendant is responsible at all).

Quasi-Judicial

General

A function that resembles that of a court but is exercised by a body that is not a court, such as a tribunal or disciplinary panel.

Reasonable Adjustments

Employment Law

Changes an employer or service provider must make to remove disadvantages faced by a disabled person. Required by the Equality Act 2010.

Recital

Court Procedure

An introductory paragraph in a court order or legal document setting out the background facts or the basis on which the order is made.

Rectification

Remedies

A remedy allowing the court to correct a written document that does not accurately reflect the parties' agreement.

Recusal

Court Procedure

The process by which a judge removes themselves from hearing a case because of a conflict of interest or bias, whether actual or perceived.

Redundancy

Employment Law

Dismissal because the employer's need for employees to do work of a particular kind has ceased or diminished. Employees may be entitled to a statutory redundancy payment.

Relief

Remedies

The remedy or redress sought by a party in legal proceedings, such as damages, an injunction, or a declaration.

Remission

Appeals

The sending back of a case from an appeal court to the original court or tribunal for rehearing or further consideration.

Reply

Court Procedure

A document filed by the claimant in response to the defence, addressing any new matters raised.

Repudiation

Contract Law

A serious breach of contract that entitles the innocent party to treat the contract as at an end and claim damages.

Res Judicata

General

A doctrine preventing the same issue from being litigated again between the same parties once it has been finally determined by a court.

Rescission

Contract Law

The cancellation of a contract, restoring the parties to the position they were in before the contract was made. A remedy for misrepresentation.

Respondent

General

The party against whom an appeal or application is brought. In employment tribunal proceedings, the employer is usually the respondent.

Respondent's Answer

Employment Law

The response filed by the respondent (employer) in employment tribunal proceedings, setting out their defence to the claim.

Restitution

Remedies

A remedy requiring a party to restore a benefit they have unjustly received to the party from whom it was obtained.

Restraint of Trade

Contract Law

A contractual clause restricting a person's right to carry on their trade or profession. Common in employment contracts but must be reasonable to be enforceable.

Scott Schedule

Court Procedure

A table format used to set out claims and counter-claims, particularly in building and construction disputes. Lists each item of claim with the parties' respective positions.

Sealed

Court Procedure

Stamped by the court office with the court seal, confirming that a document has been officially issued or filed.

Security for Costs

Costs

An order requiring a party (usually a claimant) to pay money into court as security for the other party's costs, in case the claim fails.

Service

Court Procedure

The formal delivery of court documents to a party. Rules about how and when documents must be served are set out in the CPR.

Set Aside

Court Procedure

To cancel or reverse a court judgment or order. A judgment entered in default may be set aside if the defendant can show a good reason.

Settlement

General

An agreement between the parties to resolve their dispute without the need for a trial. May be recorded in a consent order or a Tomlin order.

Settlement Agreement

Employment Law

A legally binding agreement between employer and employee settling potential employment claims, usually in exchange for a payment. The employee must receive independent legal advice.

Skeleton Argument

Court Procedure

A concise written document setting out the main points of a party's argument and the authorities relied upon, filed before a hearing.

Small Claims Track

Court Procedure

The court track for claims valued at £10,000 or less. Designed to be simple and informal, with limited costs recovery, making it accessible for litigants in person.

Solicitor

General

A qualified legal professional who provides legal advice, prepares documents, and may represent clients in court. Solicitors are usually the first point of contact for legal matters.

Special Damages

Remedies

Compensation for specific quantifiable financial losses, such as lost earnings, medical expenses, and travel costs.

Specific Disclosure

Court Procedure

An order requiring a party to search for and disclose particular documents or categories of documents that have not been included in standard disclosure.

Specific Issue Order

Family Law

A court order in family proceedings giving directions about a specific question relating to a child's upbringing, such as schooling or medical treatment.

Specific Performance

Remedies

A court order requiring a party to perform their obligations under a contract, rather than paying damages. Typically used for unique items like land.

Standard Disclosure

Court Procedure

The obligation on each party to disclose documents on which they rely, documents that adversely affect their case or support another party's case.

Standard of Proof

Evidence

The level of certainty required for a party to prove their case. In civil proceedings this is the balance of probabilities; in criminal proceedings it is beyond reasonable doubt.

Statement of Case

Court Procedure

The formal documents setting out a party's case, including the claim form, particulars of claim, defence, counterclaim, and reply.

Statement of Truth

Court Procedure

A declaration on a statement of case or witness statement that the contents are believed to be true. Making a false statement of truth may amount to contempt of court.

Statute of Limitations

Court Procedure

Legislation setting out the time limits for bringing different types of legal claims. In England and Wales, the main statute is the Limitation Act 1980.

Statutory Demand

Enforcement

A formal written demand for payment of a debt of at least £750 (for bankruptcy) or £750 (for winding up). If not paid within 21 days, the creditor may petition for insolvency.

Stay

Court Procedure

A halt or suspension of proceedings ordered by the court. Proceedings may be stayed to allow mediation, to await the outcome of another case, or for other reasons.

Striking Out

Court Procedure

The court removing all or part of a statement of case because it discloses no reasonable grounds, is an abuse of process, or there has been non-compliance with court rules or orders.

Submission

Court Procedure

An argument or point of law put forward by a party or their representative to the court, as distinct from evidence of fact.

Subpoena

Evidence

Now called a witness summons. A court order requiring a person to attend court to give evidence or produce documents.

Summary Assessment

Costs

A quick assessment of costs made by the judge at the end of a hearing lasting less than one day, rather than referring costs for detailed assessment.

Summary Judgment

Court Procedure

A procedure allowing the court to decide a claim or issue without a full trial, where one party has no real prospect of success and there is no other compelling reason for a trial.

Summons

Court Procedure

A formal court document requiring someone to attend court. Includes witness summons (to give evidence) and jury summons.

Surety

General

A person who guarantees the performance of another's obligation. If the principal debtor defaults, the surety becomes liable.

Tenancy

Property Law

The right to occupy and use property for a period of time, as granted by a lease or tenancy agreement.

Third Party

General

A person who is not one of the original parties to the proceedings but may be joined or have an interest in the outcome.

Third Party Debt Order

Enforcement

A court order requiring a third party (such as a bank) who owes money to the judgment debtor to pay it directly to the judgment creditor.

Time Limit

Court Procedure

A deadline by which a legal step must be taken. Missing a time limit can result in a claim being barred or a party being unable to take a particular step.

Title

Property Law

The legal right to ownership of property. Title to registered land is recorded at the Land Registry.

Tomlin Order

Court Procedure

A type of consent order that stays proceedings on agreed terms set out in a schedule to the order. Allows the terms of settlement to remain confidential.

Tort

General

A civil wrong that causes harm or loss to another person, giving rise to a claim for damages. Examples include negligence, nuisance, defamation, and trespass.

Track Allocation

Court Procedure

The process by which the court assigns a case to the small claims track, fast track, or multi-track based on value, complexity, and other factors.

Transfer of Undertakings (TUPE)

Employment Law

Regulations that protect employees' terms and conditions when a business or service is transferred to a new employer.

Trespass

Property Law

Unlawful interference with a person's body, land, or goods. Trespass to land means entering or remaining on someone's property without permission.

Trial

Court Procedure

The final hearing at which the court hears all the evidence, considers the arguments of the parties, and makes a binding decision.

Tribunal

General

A specialist body that resolves disputes in particular areas of law, such as employment, tax, or immigration. Less formal than courts but decisions are legally binding.

Undertaking

Court Procedure

A solemn promise given to the court or another party. Breach of an undertaking given to the court is treated as contempt of court.

Undue Influence

Contract Law

The improper use of a position of trust or power to influence another person's decisions, particularly in relation to contracts and gifts.

Unfair Dismissal

Employment Law

The termination of employment without a fair reason or without following a fair procedure. Employees with qualifying service may claim unfair dismissal at an employment tribunal.

Unjust Enrichment

Remedies

A claim that one party has been unfairly enriched at another's expense and should make restitution, even without a contract between them.

Unless Order

Court Procedure

A court order specifying that unless a party takes a particular step by a deadline, their claim or defence will be struck out automatically.

Uplift

Employment Law

A percentage increase to a compensation award, for example when a party has unreasonably failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures.

Vacation of Hearing

Court Procedure

The cancellation of a hearing date, usually at the request of one or both parties and with the court's permission.

Variation

Contract Law

A change to the terms of a contract or court order. Variation of a contract requires agreement; variation of a court order requires application to the court.

Verdict

Court Procedure

The decision of a jury or, more generally, the decision of the court on the issues in the case.

Vexatious Litigant

General

A person who has been made subject to a civil restraint order because of their persistent habit of starting meritless legal proceedings or making unwarranted applications.

Vicarious Liability

General

The legal principle by which an employer is liable for the wrongful acts of their employees committed during the course of their employment.

Void

Contract Law

Having no legal effect from the outset. A void contract is treated as though it never existed.

Voidable

Contract Law

Valid until one party chooses to treat it as void. A voidable contract remains binding unless and until the innocent party elects to rescind it.

Voluntary Disclosure

Court Procedure

The provision of documents or information voluntarily, beyond what is required by the rules on standard disclosure.

Waiver

General

The voluntary giving up of a right or entitlement. Can be express or implied from conduct.

Warrant of Control

Enforcement

An order authorising High Court Enforcement Officers or County Court bailiffs to seize and sell a debtor's goods to satisfy a judgment debt.

Wasted Costs

Costs

Costs incurred as a result of improper, unreasonable, or negligent conduct by a legal representative. The court can order the representative personally to pay these costs.

Whistleblowing

Employment Law

Reporting wrongdoing, illegal activity, or dangers in the workplace. Workers who blow the whistle are protected from dismissal and detriment under the Employment Rights Act 1996.

Winding Up

Enforcement

The process of closing down a company, settling its debts, and distributing any remaining assets to shareholders. Can be compulsory (by court order) or voluntary.

Winding Up Petition

Enforcement

An application to the court by a creditor (or the company itself) to have a company wound up on the grounds that it is unable to pay its debts.

Without Notice

Court Procedure

An application made to the court without giving the other party advance notice. Formerly known as 'ex parte'. Used in urgent cases where notice might defeat the purpose of the application.

Without Prejudice

Evidence

A label applied to communications made in a genuine attempt to settle a dispute. Such communications cannot be disclosed to the court as evidence.

Witness

Evidence

A person who gives evidence in court proceedings, either in writing (witness statement) or orally (at trial).

Witness Statement

Evidence

A written account of a witness's evidence, prepared for use in court proceedings. Must contain a statement of truth and be signed by the witness.

Witness Summons

Evidence

A court order requiring a person to attend court to give oral evidence or produce documents. Formerly known as a subpoena.

Writ

Enforcement

A formal written order issued by the court. In modern civil procedure, largely replaced by claim forms, but writs of control are still used in High Court enforcement.

Wrongful Dismissal

Employment Law

Dismissal in breach of the employment contract, typically by failing to give the correct notice period. Distinct from unfair dismissal, which is a statutory claim.