A

Acknowledgement of service

Form of reply to, or confirmation of, service of process

Act

Act of Parliament

Action

see CLAIM

Adjourned generally or sine die

Suspension of the hearing of a case by order of the Court (maybe for a short period, eg to next day or sine die). See LATIN TERMS

Adjudication

Judgment or decision of a tribunal

Administration order

An order by a County Court directing a debtor to pay a specified monthly instalment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis

Admiralty actions

see High Court

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 for divorce

Advocate

A barrister or solicitor representing a party in a hearing before a Court

Affidavit

(see Statement) A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it

Affirmation

Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath, that the evidence he/she is giving is the truth

Allocation questionnaire

Issued to all parties after a defence has been filed. This form enables the court to give directions for the trial eg: about the filing or giving of  evidence.

Alternative dispute resolution

An alternative method by which parties can resolve their dispute - could be arbitration or mediation

Ancillary relief

Additional claims (eg 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To declare no longer valid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 for review or re-hearing of a decision of a lower Court.

Appellant

Person who appeals

Applicant

Person making the request or demand, eg person who issues an application

Application

The act of applying to a Court

Appraisement or appraisal

Valuation of goods seized under warrant of execution prior to sale

Assisted person (legally)

A party to legal proceedings who is receiving public funding (legal aid)

Attachment of earnings

An order that directs an employer of a debtor to deduct regularly an amount, fixed by the Court, from the debtor's earnings and pay that sum into Court

Award

Result of an arbitration hearing or the amount of damages assessed by a Court

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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

Officer of a County Court empowered to serve Court documents and execute warrants

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

(see Counsel; Silk) A member of the bar: the branch of the legal profession which has rights of audience before all Courts

Bill of costs

(see Taxation of costs, Summary assessment and Detailed assessment.

Brief

Written instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and setting out the facts of the case and any case law relied upon

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C

Case Management conference

Usually the first hearing in a Multi track claim and an opportunity to take stock and consider the way forward

Case number

A unique reference number allocated to each case by the issuing Court

Caution

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

Caveat

A notice given to the Land Registry that effectively prevents action by another party without first notifying the party entering the caveat

Cessate

A grant of representation of limited duration which has ceased and expired

Chambers

i) Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings
ii) Offices used by a barrister

Chancery Division

see High Court

Charge

A formal accusation against a person that a criminal offence has been committed (see also Charging order)

Charging Order

An order directing that a charge be registered at the Land Registry on property owned by the debtor. This is also a form of enforcing civil debt. An order preventing the sale or disposal of a property until the charge has been cleared

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 or Public Law rights and not offences against the state

Civil Justice Reforms

The result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April 1999

Claim

Proceedings issued in the County or High Court. Previously known as an Action

Claimant

The person issuing the claim. Previously known as the Plaintiff

Claim form

The form that a claim is issued on. Previously known as a Summons

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

Committal

1) Committal Order: An order of the Court committing someone to prison
2) Committal Warrant (see WARRANT OF COMMITTAL)

Common Law

The law established, by precedent, from judicial decisions and established within a community

Compensation

Sum of money to make up for or make amends for loss, breakage, hardship, inconvenience or personal injury caused by another

Conduct Money

i) Money paid to a witness in advance of the hearing of a case as compensation for time spent attending Court ii) Commonly used to describe expenses paid to a debtor to cover the costs of traveling to Court

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

Counsel

A Barrister

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. Their jurisdiction is conferred by statute and in some cases is limited according to the monetary value of the claim or the subject matter of the claim.  Many County Courts have extra powers which enable them to deal with divorce and other family proceedings, bankruptcy actions, matters relating to children and cases involving ships and boats known as admiralty actions. Some County Courts also contain branch offices of the High Court known as District registries

Court

Body with judicial powers (see also Court room)

Court of Appeal

Divided into:
i) civil and,
ii) criminal divisions

The civil division hears appeals from decisions in the High Court and County Courts and certain tribunals.

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 room

The room in which cases are heard

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

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D

Damages

An amount of money claimed as compensation for physical/material loss, eg personal injury, breach of contract

Debtor

Person owing money to another party

Decree

An order of the Court in proceedings commenced by petition

Decree Absolute

A final certificate, resulting from an application, dissolving a marriage

Decree Nisi

Order for divorce unless cause to contrary is shown within a set period

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

Default Judgment

Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim ie reply or pay within a 14 day period after service of the claim

Defendant

Person sued

Deponent

Person giving evidence by affidavit

Deposition

A statement of evidence written down and sworn on oath, or by affirmation

Designated Civil Judge

A Judge designated to deal with the Civil Justice Reforms for a group of courts

Detailed Assessment (of costs)

The process by which costs are determined.

Devi

Person to whom freehold land is given by a will

Disability

The inability of a person to handle their own affairs (eg through mental illness or a child under 18 years of age) which prevents involvement in civil legal proceedings without representation

Disclosure of documents

(see INSPECTION 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 fails.

District Judge

A judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as Registrars

District Registrar

see District Judge

District Registry

see High Court

Divisional Court

As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals.

Divorce

Dissolution or nullity of marriage

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E

Enforcement

Method of pursuing a civil action after judgment has been made in favour of a party. 

Entry of Judgment

Decision of the Court in favour of one or other of the parties

Estate

The rights and assets of a person in property

Execution

(see Levy) Seizure of debtors goods following non payment of a Court order for a sum of money

Executor

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

Exempt

To be freed from liability or allegiance

Exhibit

Item or document referred to in an affidavit or used as evidence during a Court trial or hearing or witness statement

Expert Witness

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

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F

Family Division

see High Court

Fast Track

The track that defended claims of more than £5000 but not more than £15000 are allocated to

Fee

Monies payable on issue of an claim or subsequent process

Fiat

A decree or command

Fieri-Facias (FI-FA)

(see Sheriff) High Court version of warrant of execution in County Court. A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt

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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 (see Litigation Friend)

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H

High Court

A civil Court which consists of three divisions:-
i) Queen's Bench (known as King's Bench Division if monarch is a King) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;
ii) Family - concerned with matrimonial matters and proceedings relating to children, eg wardship;
iii) Chancery - property matters including bankruptcy

High Court Judge

see Judge and High Court

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I

Infant

A person under 18 years of age which prevents them from acting on their own behalf in legal proceedings

Injunction

An order by a Court either restraining a person or persons from carrying out a course of action or directing a course of action be complied with. Failure to carry out terms of the order may be punishable by imprisonment

Insolvency

see Bankrupt

Inspection of Documents

(see Disclosure of documents) Following disclosure of each parties documents, the arrangements made by the parties to allow mutual exchange and copying of documents

Interlocutory

Interim, pending a full order/decision, eg judgment for damages pending further hearing to assess amount to be awarded and entered as final judgment

Interpleader

A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership

Intestate

Without leaving a will

Issue

To initiate legal proceedings in pursuit of a claim

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J

Judge

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

Judgment

Final decision of a Court A monetary judgment requires the payment of a sum of money by one party to another

Judicial/Judiciary

i) Relating to the Administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge

Jurat

A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken

Juror

(see Jury) A person who has been summoned by a Court to be a member of the jury

Jury

Body of jurors sworn to reach a verdict according to the evidence in a Court

Jurisdiction

The area and matters over which a Court has legal authority

Juvenile

Person under 17 years of age

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L

Landlord and Tenant Act

Act which governs applications relating to leases eg seeking extension of a lease and other claims concerning tenancies

Law

The system made up of rules established by an Act of Parliament, custom or practice enjoining or prohibiting certain action (see also Common Law)

Law Lords

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

Lease

The letting of land or tenements, eg for rent, for property for a prescribed period

Legal Aid / Public Funding

Facility for the fees and expenses of counsel, solicitors or other legal representatives retained by those of modest means to be paid from a fund administered by the Legal Aid Board

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

Levy

(see Execution and Fi-Fa) A duty carried out by a bailiff or sheriff under the authority of a warrant or writ of fi-fa, for a sum of money whereby goods of value belonging to the debtor are claimed with a view to removal and sale at a public auction in an attempt to obtain payment

Libel

A written and published statement/article which infers damaging remarks on a persons reputation

Lien

A legal right to withhold the goods/property of another until payment is made

Litigation

Legal proceedings

Long Vacation

Period between 1 August and 30 September in each year during which there are only restricted High Court sittings for urgent or other matters

Lord Chancellor

The cabinet minister who acts as speaker of the House of Lords and oversees the hearings of the Law Lords. Additional responsibilities include supervising the procedure of Courts selection of judges, magistrates, queens counsel and members of tribunals

Lord Chief Justice

Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice)

Lord Justice of Appeal

Title given to judges sitting in the Court of Appeal

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M

Maintenance Pending Suit

A temporary order for financial provision made within divorce proceedings until such time as the proceedings are finalised (ie by issue of the Decree Absolute)

Master

(see Registrar) Judicial officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before trial

Master of the Rolls

Senior judge of the Court of Appeal (Civil Division)

Mesne Profits

Sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up

Minor

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

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

Multi Track

The path that defended claims over £15000 are allocated to  

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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 of Issue

Notice sent by a Court to the claimant giving notification of the case number allocated to their claim and details of fees paid. Confirms date of service

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 ie declared never to have existed or to have subsisted until the Court dissolved it

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O

Oath

(see AFFIRMATION) A verbal promise by a person with religious beliefs to tell the truth

Official Receiver

A civil servant who works for the Department of Trade and Industry and is appointed by the Court to act as:-
i) a liquidator when a company is being wound up;
ii) a trustee when an individual is made bankrupt. The duties of an official receiver will include examining the company/bankrupt's property which is available to pay the debts and distributing the money amongst the creditors

Official Solicitor

A solicitor or barrister appointed by the Lord Chancellor whose duties include representing, in legal proceedings, people who are incapable of looking after their own affairs ie children/persons suffering from mental illness

Oral Examination

A method of questioning a person under oath before an officer of the Court to obtain details of their financial affairs

Order

A direction by a Court

Ouster

An order within an injunction to force a person to leave a property

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P

Particulars

Details relevant to a claim

Party

Any of the participants in a claim or court proceedings

Party and Party

Costs that one party must pay to another

Patient

A person who is deemed incapable of handling his/her own affairs by reason of mental incapacity and who is under the jurisdiction of the Court of Protection

Penal Notice

Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment

Personal Application

Application made to the Court without legal representation

Personal Servicee

Personal delivery (ie not by mail) of a claim, summons or notice

Petition

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

Petitioner

A person who presents the petition

Plainiff

see CLAIMANT

Plaint Note

see NOTICE OF ISSUE

Plaint Number

Old-fashioned term for Claim Number

Pleading

Documents setting out claim/defence of parties involved in civil proceedings

Possession Proceedings

Legal proceedings by a landlord to recover land/property ie house, flat, garage etc

Power of Arrest

An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order

Precedent

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

President of the Family Division

Senior judge and head of the Family Division of the High Court of Justice

Pre-trial Review

A preliminary appointment at which the District Judge consider the issues before the Court and fixes the timetable for the trial

Pre-trial checklist

This form is used to ensure that all issues are resolved and that the parties are ready for trial. Used for Fast track and Multi track claims only

Probate

The legal recognition of the validity of a will

Process

The document commencing a claim or subsequent action

Public trustee

A person (usually a barrister or solicitor) appointed by the Lord Chancellor as
i) trustee for trusts managed by the Public Trust Office;
ii) Accountant General for Court Funds;
iii) Receiver (of last resort) for Court of Protection patients

Puisne Judge

(Pronounced Puny) High Court judge. Any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal

Putative Father

The alleged or supposed father of an illegitimate child

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Q

Quash

To annul; ie to declare no longer valid

Quantum

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

Queens Bench Division

see HIGH COURT

Queens 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 Court gown that is worn. Will be known as king's counsel if Monarch is a king.

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R

Receiver

Person appointed by the Court of Protection to act on behalf of a patient

Recognisance

An undertaking before the Court by which a person agrees to comply with a certain condition, eg keep the peace/appear in court. A sum of money is normally pledged to ensure compliance

Recorder

(also Assistant Recorder) Members of the legal profession (barristers or solicitors) who are appointed to act in a judicial capacity on a part time basis. They may progress to become a full time judge

Redetermination

An application by a solicitor or counsel for amounts assessed by determination to be reconsidered

Registrar

(see DISTRICT JUDGE) Registrars and deputy registrars were renamed DISTRICT Judges and Deputy DISTRICT Judges respectively by the Courts and Legal Services Act 1990

Respondent

The person on whom a petition or originating application is served

Right of Audience

Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings

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S

Service

Delivery by post or personal service of the claim, or other court documents

Sheriff

An officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution

SILK

Queens 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

Small Claims Track

The path that defended claims of no more than £5000 (and Personal Injury and Housing Disrepair claims of no more than £1000) are allocated to

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

Squatter

A person occupying land or property without the owners consent

Statement

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

Statutory Instrument

A document issued by the delegated authority (usually a Government Minister or committee) named within an Act of Parliament which supplements the provisions of the original Act, eg The Civil Procedure Act 1997 confers authority on Civil Procedure Rule Committee to make procedural rules.  

Stay of Execution

An order following which judgment cannot be enforced without leave of the court

Subpoena

A summons issued to a person directing their attendance in Court to give evidence

Suit

Legal proceedings commenced by petition

Suitor

Person bringing a suit before the Courts

Summary Assessment (of costs)

Where the question of costs is dealt with at the conclusion of the hearing

Summary Judgment

Judgment obtained by a Claimant or Defendant where there is no defence to the case the claim shows no valid grounds

Summons

Order to appear or to produce evidence to a Court Also the old name for a claim form

Summons (Jury)

Order to attend for jury service

Summons (Witness)

Order to appear as a witness at a hearing

Supreme Court of Judicature

Collective name encompassing - High Court of Justice, Crown Court and Court of Appeal

Surety

A person's undertaking to be liable for another's default or non-attendance at Court

Suspended Sentence

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

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T

Taxation of Costs

(see SUMMARY ASSESSMENT ) now called DETAILED ASSESSMENT An examination of a solicitor's bill in civil proceedings by a Court to ensure that all charges are fair and reasonable (see also PARTY AND PARTY COSTS)

Testor

A person who makes a will

Tipstaff

An officer of the Supreme Court whose duties involve the enforcement of High Court arrest warrants

Tort

A civil wrong committed against a person for which compensation may be sought through a civil Court, eg personal injury, negligent driving, libel etc

Trial Window

A period of time within which the case must be listed for trial

Tribunal

A group of people consisting of a chairman (normally solicitor/barrister) and others who exercise a judicial function to determine matters related to specific interests, eg VAT tribunal - appeals against the amount of duty levied by Customs and Excise; Lands tribunal - appeals against the valuation of land

Trust

Property legally entrusted to a person with instructions to use it for another person (or persons benefit)

Trustee

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

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U

Unspecified Claim

A claim where the amount to be awarded is left to the Court to determine, eg damages to be assessed for personal injuries. Previously known as an unliquidated claim

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V

Vice-Chancellor

Senior judge and head of the Chancery Division of the High Court of Justice (although the Lord Chancellor is the nominal head)

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W

Walking Possession

A signed agreement by a debtor not to remove goods levied by a bailiff under the authority of a warrant of execution and to allow the bailiff access at any time to inspect the goods, in consideration of which the bailiff leaves the goods in the possession of the debtor

Ward of Court

The title given to a child 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 child being carried out by an individual(s) or local authority. As long as the child remains a ward of Court, all decisions regarding the child’s upbringing must be approved by the Court, eg transfer to a different school, medical treatment etc

Wardship

High Court proceding making a child a ward of court

Warrant of Committal

Method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is imprisonment; 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

Method of enforcing a judgment for a sum of money whereby a bailiff is authorised, in lieu of payment, to seize and remove goods belonging to a defendant for sale at public auction

Warrant of Possession

Method of enforcing a judgment for possession of a property whereby a bailiff is authorised to evict people and secure against re-entry

Warrant of Restitution

A remedy available following illegal re-entry of premises by persons evicted under a warrant of possession. The bailiff is authorised to evict all occupants found on the premises and re-deliver the premises to the plaintiff

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 (see also EXPERT WITNESS)

Writ of Summons

(see CLAIM)