Glossary

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

The case is taken out of the court process.

This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case

Civil cases are allocated to one of three case management tracks, depending on financial value, issues of law and the likely duration (length) of the case. The three tracks are (i) the small claims track in which cases to the value of five thousand pounds can be considered and the claimant does not have to have legal representation (ii) the fast track for cases of value between five and fifteen thousand pounds and (iii) the multi- track for cases of value over fifteen thousand pounds. Legal representation is advisable in the fast and multi-tracks

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

The financial value of a case - known as case value - is one of the factors used to asses which track a case (claim) should be allocated to. See also case management tracks

i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person's knowledge
ii) Warning, given by a Police Officer, to a person charged with an offence
iii) Warning, given by a Police Officer, instead of a charge

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

A computer system that manages attachments of earnings orders in bulk.

A certificate of costs allowed following taxation by a judicial or taxing officer (Previously referred to as an Allocatur)

A document stating the date and manner in which the parties were served (given) a document. For example where a claim form is served by the claimant court rule requires the claimant to file a certificate of service within seven days of service of the claim form otherwise he may not obtain judgment in default.

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

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

The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.

A formal accusation against a person that a criminal offence has been committed.

A court order directing that a charge be put on the judgment debtors’ property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land - without paying what is owed to the claimant

A judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court

A charity which can offer free legal and financial advice to the general public.

Matters concerning private rights and not offences against the state

A civil dispute that involves court action. See claim

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

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

The rules and procedures to be followed for civil cases in the county courts and High Court

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

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

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

See Northampton Bulk Centre

The person issuing the claim. Previously known as the Plaintiff

An addendum signed and executed which amends or adds something to a will

Coercion exists when an individual is forced to behave in a particular way, by threats of violence, for example. The person concerned does not act freely

Working together to solve a problem

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

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

i) Committal for trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with
ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge
iii) Committal Order: An order of the Court committing someone to prison
iv) Committal Warrant 

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

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

A person who makes a complaint

A person who makes a complaint

A direction by a Court that a number of sentences of imprisonment should run at the same time

A duplicate of the original writ bearing the same date and expiring at the same time as the original

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

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

An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences

Disobedience or wilful disregard to the judicial process.

In civil cases, for example, failing to appear as a witness without informing the court or the party that called you. A person found to be in civil contempt of court could be fined.

see trial contents

Partial responsibility of a claimant for the injury in respect of which he/she claims damages

A person named as an adulterer (or third person) in a petition for divorce

Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases

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

A Barrister or solicitor in legal proceedings

An individual offence set out in an indictment

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 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

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

Body with judicial powers

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

Divided into:
i) civil and
ii) criminal divisions and hears appeals:
i) from decisions in the High Court and county courts and,
ii) against convictions or sentences passed by the Crown Court, (Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)

The branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs

The room in which cases are heard

A formal agreement or a contract constituting an obligation to perform an act

A person to whom money is owed by a debtor

Person who has been found guilty of a criminal offence

The questioning of a witness for the other side in a case.

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.

• 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.