Litigation Glossary

Adjournment

The postponement of a hearing of a case until a later date.

Admission

Where one party admits the truth about all or part of the other party’s case at any stage during the case.

Advocate

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

Alternative Dispute Resolution

An overall description of the various methods of resolving disputes without legal action.

Appeal

Application to a higher Court or other body for review of a decision taken by a lower Court or Tribunal.

Appellant

A person appealing to a higher Court against the decision made in a lower Court.

Application

The act of applying to a civil Court to ask it to do something.

ATE Insurance

After the event insurance. Insurance which is taken out to cover some or all of the potential costs liabilities in those proceedings (particularly if the case is lost).

Breach

Breaking a contract.

Claimant

A person, firm or company bringing a Court case.

Contract

An agreement for e.g. to supply goods or perform work at a stated price. The agreement does not need to be in writing.

Costs

Fees, charges, disbursements, expenses, and remuneration in legal proceedings.

Counsel

A barrister.

Counterclaim

A claim made by a Defendant against a Claimant in a court case.

County Court

The County Court deals with lower value civil matters such as disputes over contracts, unpaid debts and negligence claims. The County Court is where most civil cases start.

Creditor

A person to whom money is owed by a debtor.

Damages

Payment of compensation for loss or injury.

Debtor

A person who owes money to someone or to an organisation.

Defendant

A person, firm or company against whom a Court case is brought.

Disclosure

Stating usually by way of a document known as a list of documents, whether a document exists or has existed and whether you are willing to allow your opponent(s) to inspect it.

District Judge

A Judge of the County Court.

Disbursements

Money your solicitors have to pay to third parties for example an expert, Court fees or Counsel's fees.

Fixed Costs

Costs in civil cases that are set at a certain level and can be claimed in specific circumstances.

Injunction

A Court Order which either restrains a person from a course of action or behaviour or which requires a person to follow a course of action.

Lawyer

The legal profession in the UK is divided into two branches. Barrister’s have the right to represent clients in higher Courts whereas most solicitors are restricted to represent their clients in the lower courts for example the County Court.

Litigation

The process of resolving disputes through the Court system.

Mediation

An entirely voluntary private dispute resolution process in which a neutral person known as a Mediator helps the parties to reach a negotiated settlement.

Negligence

A lack of attention or care.

Pre Action Protocol

These are steps to be followed by parties to a dispute before starting legal action.

Respondent

The defending party in an appeal.

Right of Audience

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

Service

Delivery by post or in person of the Claim Form or other Court documents.

Settlement

Resolving a dispute through agreement between the parties whether before or during a Court case.

Small claims court

The County Court when dealing with a case the value of which is £10,000 or less.

Statement of costs

Schedule of a party’s costs in litigation.

Without prejudice

The without prejudice rule prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them.