Rix and Kay Portal
  1. A
  2. B
  3. C
  4. D
  5. E
  6. F
  7. G
  8. H
  9. I
  10. J
  11. K
  12. L
  13. M
  14. N
  15. O
  16. P
  17. Q
  18. R
  19. S
  20. T
  21. U
  22. V
  23. W
  24. X
  25. Y
  26. Z

y

Accused

The person charged. The person who has allegedly committed the offence

Back to top
Acknowledgement of service

When the particulars of a claim form (outlining details of the claim) are served on (delivered to) a defendant, they receive a response pack including a form which they must use to acknowledge they have received the claim. The defendant must file (return) the acknowledgment form within 14 days of receiving the particulars of the claim. The particulars can be served with, or separately from the claim form.

Back to top
Acquittal

Discharge of defendant following verdict or direction of not guilty

Back to top
Act

Law, as an act of parliament

Back to top
Adjourned generally or sine die

Temporary suspension of the hearing of a case by order of the Court (maybe for a short period, e.g. to next day or sine die).

Back to top
Adjournment

The postponing of the hearing of a case until a later date.

Back to top
Adjudication

A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the court

Back to top
Administration order

An order by a County Court directing a debtor to pay a specified monthly installment 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

Back to top
Administrative Court

The Administrative Court is part of the High Court. It deals with applications for judicial review.

Back to top
Admiralty Court

Part of the High Court. An admiralty claim is a claim for the arrest of a ship at sea to satisfy a debt.

Back to top
Admission (including part admissions)

A party involved in a claim may admit the truth of all or part of the other party’s case, at any stage during proceedings. For example, a defendant may agree that he or she owes some money, but less than the amount being claimed. If the defendant makes an admission, the claimant may apply for judgment, on the admission.

Back to top
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

Back to top
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

Back to top
Adversarial

Arrangements designed to bring out the truth of a matter, through adversarial (conflict based) techniques such as cross-examination.

Back to top
Advocate

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

Back to top
Affidavit

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

Back to top
Affirmation

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

Back to top
Allocation

The process by which a judge assigns a defended civil case, to one of three case management tracks, the small claims track, the fast track or the multi-track

Back to top
Allocation questionnaire

A case (claim) is allocated to a case management track, when an allocation questionnaire has been returned completed by the people involved (parties) in the case. Reponses to the questionnaire provide a judge with information on case value and other matters, to assist him or her to allocate the case to the correct track

Back to top
Alternative dispute resolution

These are schemes such as arbitration and mediation which are designed to allow parties to find a resolution to their problem, without legal action. A party’s refusal to consider ADR could lead to sanctions (penalties) against that party, by a judge, even if the party wins the case

Back to top
Amendment

The process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, (once served). The court may reject the amendment, even if the party concerned has permission of other parties to the case

Back to top
Amount offered in satisfaction

An amount of money offered by a defendant to pay a debt or to settle another type of claim, for example in a personal injury case

Back to top
Ancillary relief

Additional claims (e.g. in respect of maintenance) attached to the petition for divorce/judicial separation/nullity

Back to top
Annul

To declare no longer valid

Back to top
Appeal

Application to a higher court or other body for review of a decision taken by a lower court or tribunal. The higher court may overturn or uphold (i.e. reject) the lower court’s decision. Often, permission (leave) is required, to for an appeal to occur.

Back to top
Appellant

A person appealing to a higher court or body against a decision made in a lower court or body

Back to top
Applicant

Person making the request or demand, e.g. person who issues an application

Back to top
Application

The act of applying to a civil court to ask it to do something, for example to start proceedings

Back to top
Apportioning

To place or assign

Back to top
Appraisement or appraisal

Valuation of goods seized under warrant of execution prior to sale

Back to top
Arbitrator or Arbitration

A process in which both sides agree to use an independent arbitrator (an impartial person) who gives a binding decision in the matter. The person making the claim (claimant) has to choose between going to arbitration and court – it is not usually possible to take a claim to court after it has been through arbitration

Back to top
Assisted person (legally)

A party to legal proceedings who is receiving legal aid

Back to top
Assured tenancy

A tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure

Back to top
Attachment of earnings order

An order that instructs an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed

Back to top
Automatic transfer

Providing that a number of criteria are met, proceedings must be transferred automatically to the court nearest to the defendant’s home.

Back to top
Award

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

Back to top
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

Back to top
Bailiff

Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.

A bailiff can also serve (deliver) court documents on people

Back to top
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

Back to top
Bar

The collective term for barristers

Back to top
Barrister

A member of the bar: a lawyer entitled to represent clients in all the courts

Back to top
Bench warrant

A warrant issued by the judge for an absent defendant to be arrested and brought before a Court

Back to top
Bill of indictment

A written statement of the charges against a defendant sent for trial to the Crown Court, and signed by an officer of the Court

Back to top
Bind over

In the Crown Court or (more usually) the Magistrates Court, and signed by an officer of the Court

Back to top
Bind over for sentence

An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty to be enforced

Back to top
Bound / binding

A binding decision is one that must be obeyed by the people concerned. For example, it is not possible to go to court after a binding decision has been issued by an arbitrator

Back to top
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

Back to top
Bulk Centre

See Northampton Bulk Centre

Back to top
Business address

Premises or place from which business activities take place

Back to top
Case

An action, suit or claim in a court of law. It can also mean the arguments put forward by parties in a court of law

Back to top
Case disposal

The case is taken out of the court process.

Back to top
Case Management Conference (CMC)

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

Back to top
Case management tracks

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

Back to top
Case number

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

Back to top
Case value

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

Back to top
Caution

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

Back to top
Caveat

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

Back to top
Centralised Attachment of Earnings Payments (CAPS)

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

Back to top
Certificate of Legal Aid Costs

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

Back to top
Certificate of service

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.

Back to top
Cessate

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

Back to top
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

Back to top
Chancery Division

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

Back to top
Charge

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

Back to top
Charging Order

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

Back to top
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

Back to top
Citizen’s Advice Bureau (CAB)

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

Back to top
Civil

Matters concerning private rights and not offences against the state

Back to top
Civil case or claim

A civil dispute that involves court action. See claim

Back to top
Civil Justice or civil law

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

Back to top
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

Back to top
Civil Procedure

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

Back to top
Civil Procedure Rules

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

Back to top
Claim

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

Back to top
Claim form

Proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought

Back to top
Claim Production Centre (CPC)

See Northampton Bulk Centre

Back to top
Claimant

The person issuing the claim. Previously known as the Plaintiff

Back to top
Codicil

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

Back to top
Coercion

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

Back to top
Collaboration / collaborative

Working together to solve a problem

Back to top
Commercial Court

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

Back to top
Commissioner of Oaths

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

Back to top
Committal

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 

Back to top
Common Law

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

Back to top
Compensation

Usually a sum of money offered in recompense (to make amends) for an act, error or omission that harmed someone. The harm suffered may have been loss, personal injury or inconvenience

Back to top
Complainant

A person who makes a complaint

Back to top
Complaint

A person who makes a complaint

Back to top
Concurrent Sentence

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

Back to top
Concurrent Writ

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

Back to top
Conditional Discharge

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

Back to top
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

Back to top
Consecutive Sentence

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

Back to top
Contempt of Court

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.

Back to top
Contents of trial (civil)

see trial contents

Back to top
Contributory Negligence

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

Back to top
Co-respondent

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

Back to top
Corroboration

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

Back to top
Costs (civil)

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

Back to top
Counsel

A Barrister or solicitor in legal proceedings

Back to top
Count

An individual offence set out in an indictment

Back to top
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

Back to top
County Court

County courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000. There are 218 county courts in England and Wales. The county court is a court of the first instance – where civil cases start

Back to top
County court judgment (CCJ)

A judgment of the county court that orders a defendant to pay a sum of money to the claimant. CCJs are recorded on the Register of County Court Judgments for six years and can affect a defendant’s ability to borrow money

Back to top
Court

Body with judicial powers

Back to top
Court fees

The County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court

Back to top
Court of Appeal

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)

Back to top
Court of Protection

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

Back to top
Courtroom

The room in which cases are heard

Back to top
Covenant

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

Back to top
Creditor

A person to whom money is owed by a debtor

Back to top
Criminal

Person who has been found guilty of a criminal offence

Back to top
Cross-examination

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

Back to top
Crown Court

The Crown Court deals with all crime committed for trial by Magistrates Courts. Cases for trial are heard before a judge and jury. The Crown Court also acts as an appeal Court for cases heard and dealt with by the Magistrates. The Crown Court can also deal with some civil and family matters.

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

First Tier

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

Third Tier

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

 

Back to top
Damages

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

Back to top
Date of service (civil claims)

The date of service of the claim is the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. If the ‘particulars of claim’ section is completed or the particulars of claim are attached, the defendant must acknowledge receipt within 14 days

Back to top
Debt recovery after judgment

See Enforcement

Back to top
Debtor

A person who owes money to someone or to an organisation

Back to top
Declaration

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

Back to top
Decree

An order of the Court in proceedings commenced by petition

Back to top
Decree Absolute

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

Back to top
Decree Nisi

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

Back to top
Deed

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

Back to top
Default Judgment

May be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day period after service of the claim. A claimant can apply for a default judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified.

Back to top
Defence or defending a claim (civil)

When the defendant disputes the claim made by the claimant

Back to top
Defendant (civil)

The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in full

Back to top
Defendant (criminal)

Person standing trial or appearing for sentence

Back to top
Deponent

Person giving evidence by affidavit

Back to top
Deposition

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

Back to top
Designated Civil Judge

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

Back to top
Detailed Assessment (of costs)

When a court makes a costs order it may make a detailed assessment of costs, usually at the conclusion of proceedings. A costs officer would carry out the assessment. See also Summary assessment.

Back to top
Determination (civil)

If the defendant offers to pay to the claimant an amount by instalments and the claimant refuses the offer, an officer of the court will make an assessment of what would be reasonable for the defendant to pay

Back to top
Determination (criminal)

Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable

Back to top
Devi

Person to whom freehold land is given by a will

Back to top
Directions (civil)

case management instructions given by the judge which give a time-table for pre-trial procedures. In cases allocated to the small claims track the judge will usually give standard directions, in cases allocate to the multi-track, there may be several hearings on directions

Back to top
Disability

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

Back to top
Disclosure

Parties to a civil case must disclose (show to the other party) documents they intend to rely on in court to support their case

Back to top
Discontinuance

Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case

Back to top
Discovery of documents

Mutual exchange of evidence and all relevant information held by each party relating to the case

Back to top
Dismissal

To make order or decision that a claim be ceased

Back to top
Disposal

See Case disposal

Back to top
Dispute

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

Back to top
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

Back to top
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. The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court. The Divisional Court of the Queen's Bench Division deals largely with certain appeals on points of law from many Courts. The Divisional Court of the Family Division deals largely with appeals from Magistrates Courts in matrimonial matters a 'next friend' or 'guardian ad litem'

Back to top
Divorce

Dissolution or nullity of marriage

Back to top
Dock

Enclosure in criminal Court for the defendant on trial

Back to top
Either-way Offence

An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury

Back to top
Enforcement

Method of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court

Back to top
Enforcement / enforcing a judgment

When a judgment/order has not been paid or terms obeyed with, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendant’s property for sale

Back to top
Entering judgment on admission

The claimant can ask the court to enter judgment on admission when the defendant has admitted all or part of the case and offered payment or other restitution

Back to top
Entry of Judgment

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

Back to top
Estate

The rights and assets of a person in property

Back to top
Evidence

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

Back to top
Execution

Seizure of debtors goods following non payment of a Court order

Back to top
Executor

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

Back to top
Exempt

To be freed from liability or allegiance

Back to top
Exhibit

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

Back to top
Expert Witness

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

Back to top
Fast Track

The path to which defended claims of not more than £15,000 are allocated.

Back to top
Fiat

A decree or command

Back to top
Fieri-Facias (FI-FA)

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

Back to top
Filing

The process of delivering or presenting forms and other documents to a court. For example a claim or a defence to a claim must be filed

Back to top
Fixed costs

Costs in civil cases that are set at a certain level and can be claimed in specific circumstances. For example, if a defendant does not acknowledge a claim, the claimant can obtain judgment and an order for fixed costs to offset the cost of beginning the claim

Back to top
Garnishee

A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant

Back to top
Group Litigation Orders

 

A Group Litigation Order can be made in a claim in which there are multiple parties or claimants. The order will provide for the case management of claims which give rise to common or related issues of fact or law

Back to top
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

Back to top
Guardian

A person appointed to safeguard/protect/manage the interests of a child or person under mental disability

Back to top
Hearing

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

Back to top
High Court

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

Back to top
High Court Enforcement Officers

An enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders

Back to top
Home court (civil)

The court nearest to the defendant’s home or place of business

Back to top
Housing claim

The procedure that a landlord may use in a county court to recover land or property (and money for arrears of rent or damage to property, if applicable). See also Possession Claim Online (PCOL)

Back to top
Impartial

Not having or showing any favouritism to one side in a dispute

Back to top
Independent

Person or organisation not connected to any of the parties in a dispute or legal case

Back to top
Indictable Offence

A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence

Back to top
Infant

Also known as a minor: A person under 18 years of age which prevents them from acting on their own behalf in legal proceedings

Back to top
Injunction

A court order which either restrains a person from a course of action or behaviour, or which requires a person to follow another course of action.

Back to top
Inspection of Documents

Arrangements made by the parties to allow mutual exchange and copying of documents

Back to top
Instalments

A method of paying a debt in several parts at intervals. Payment by instalments is agreed to make the burden of repayment lighter

Back to top
Interest

A charge for borrowed money, a percentage of the sum borrowed

Back to top
Interim order

An order made during proceedings which is not a final order

Back to top
Interlocutory

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

Back to top
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

Back to top
Intestate

Without leaving a will

Back to top
Issue / issuing

To initiate legal proceedings in pursuit of a claim

Back to top
Judge

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

Back to top
Judgment

The decision or sentence issued by a court in legal proceedings

Back to top
Judgment on liability

See Default judgment

Back to top
Judicial directions

See directions

Back to top
Judicial discretion (civil)

Judges have the power to decide how best to manage the case on the individual facts. They do not necessarily have to look at how similar cases are managed. The judge has very wide case management powers under Rule 3 of the civil procedure rules to decide on the evidence parties produce how best to manage their case

Back to top
Judicial review

The High Court can review decisions of inferior (lower) courts, public bodies and other bodies to ensure that the decision making process has been lawful

Back to top
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

Back to top
Junior Counsel

A member of the bar: the branch of the legal profession which has rights of audience before all Courts

Back to top
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

Back to top
Jurisdiction

The area and matters over which a court has legal authority

Back to top
Juror

A person who has been summoned by a Court to be a member of the jury

Back to top
Jury

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

Back to top
Justice of the Peace

A lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence

Back to top
Juvenile

Person under 17 years of age

Back to top
Landlord

A person or organisation which owns land and / or buildings which are leased to tenants

Back to top
Landlord and Tenant Act

Act which empowers applications (seeking extension of a lease or some other action concerning tenancy

Back to top
Law

The system made up of rules established by an act of parliament, custom or practice enjoining or prohibiting certain action

Back to top
Law Lords

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

Back to top
Lawyer

The legal profession in the UK is divided into two branches. Barristers have the right to represent clients in higher courts whereas most solicitors are restricted to represent their clients in the lower courts

Back to top
Lay representative

A person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse.

Back to top
Leading junior counsel

A senior barrister who deals with more serious cases, but not a QC.

Back to top
Lease

The letting of land or tenements, e.g. rent etc, for property for a prescribed period

Back to top
Leave

Leave means ‘permission’. Some steps in legal action require the permission of the court. For example a losing party may be granted leave to appeal.

Back to top
Legal advice

Advice about the law and your options from a qualified legal representative or advice centre

Back to top
Legal Aid / Public Funding

State funded assistance, for those on low incomes, to cover legal fees.

Back to top
Legal Personal Representative

The person to whom a grant of probate or letters of ADMINISTRATION has been issued

Back to top
Legatee

Person to whom personal estate is given by will

Back to top
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

Back to top
Levy

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

Back to top
Liability

Responsibility or obligation. For example, a debt is a liability or responsibility.

Back to top
Libel

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

Back to top
Licence

Permission to carry out an act that would otherwise be considered illegal

Back to top
Lien

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

Back to top
Listing Questionnaire

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

Back to top
Litigant in person

A person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the court

Back to top
Litigation

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

Back to top
Litigation friend

A person who conducts legal proceedings on behalf of a child or a mentally incapacitated person

Back to top
Lodging

The process of filing (delivering) documents to a court. See also filing

Back to top
Long Vacation

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

Back to top
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 other than Magistrates or Coroners Courts and selection of judges, magistrates, queens counsel and members of tribunals

Back to top
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)

Back to top
Lord Justice of Appeal

Title given to certain judges sitting in the Court of Appeal

Back to top
Magistrates Court

Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. Also has jurisdiction in a range of civil matters

Back to top
Maintenance Pending Suit

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

Back to top
Maladminstration

Maladministration is administration that leads to injustice because of such factors as excessive delay, bias or arbitrary decision-making.

Back to top
Master

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

Back to top
Master of the Rolls

Senior judge of the Court of Appeal (Civil Division)

Back to top
Matter

Proceedings commenced by way of originating application

Back to top
Mediation

A process for resolving disagreements in which an impartial third party (the mediator) helps people in dispute to find a mutually acceptable resolution. If mediation fails court proceedings can be initiated or re-activated

Back to top
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

Back to top
Minor

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

Back to top
Mitigation

Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence

Back to top
Money Claim

A claim for money only in the county court. The claim can be for a fixed on unspecified amount. See also unspecified amount of money

Back to top
Money Claim Online (MCOL)

An online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also

Back to top
Mortgage

A loan of money advanced to purchase property. The transfer of the property is withheld as security for payment

Back to top
Mortgagee

The party that advances the loan

Back to top
Mortgagor

The party obtaining the loan

Back to top
Motion

An application by one party to the High Court for an order in their favour

Back to top
Multi Track

The path that defended claims over £15000 are allocated to  

Back to top
Next Friend

A person representing a minor or mental patient who is involved in legal proceedings

Back to top
Non-Molestation

An order within an injunction to prevent one person physically attacking another

Back to top
Non-Suit

Proceedings where the plaintiff has failed to establish to the Court's satisfaction that there is a case for the defendant to answer

Back to top
Northampton Bulk Centre

Bulk users in court actions are businesses and local authorities. Their claims are issued by this centre in the name of Northampton County Court. This centre deals with administrative casework on a larger scale than most courts. For example, they will issue debt recovery and hire purchase claims in multiples for businesses

Back to top
Notary Public

Someone who is authorised to swear oaths and certify the execution of deeds

Back to top
Notice of Issue

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

Back to top
Notice to Quit

Gives prior notice, when served in possession proceedings, of termination of a tenancy

Back to top
Nullity

Application to the Court for a declaration that a marriage be declared 'void' or be annulled i.e. declared never to have existed or to have subsisted until the Court dissolved it

Back to top
Undertaking

A promise, which can be enforced by law, made by a party (person) or their legal representative during legal proceedings

Back to top
Unspecified amount of money

An unspecified amount of money is one which is not precise. For example, if you are claiming damages (compensation) for loss or injury, you might not be able to work out exactly what those damages are

Back to top
Unspecified Claim

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

Back to top