Glossary

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

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

See Enforcement

A person who owes money to someone or to an organisation

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

An order of the Court in proceedings commenced by petition

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

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

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

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.

When the defendant disputes the claim made by the claimant

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

Person standing trial or appearing for sentence

Person giving evidence by affidavit

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

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

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.

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

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

Person to whom freehold land is given by a will

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

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

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

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

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

To make order or decision that a claim be ceased

See Case disposal

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

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

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'

Dissolution or nullity of marriage

Enclosure in criminal Court for the defendant on trial