Small-Claims.net

Word

Definition

‘First Open Date’

The first available date that the Court has after or including the date they give

Act

A collection of laws passed by Parliament that Judges apply made up of Sections

Adjourn/Adjourned

see adjournment

Adjournment

Where a court delays a hearing for a period of time

Affidavit

A special document where a person takes an oath that the contents are true before a person authorised to administer oaths

Allocation

Where a District Judge decides whether a case should be heard as a small claim, on the fast track or multi track

Allocation Questionnaire

A form asking questions that is sent to parties to decide which track (small claim, fast track or multi track) a case should be put on

Alternative Dispute Resolution/ ADR

Where parties try to resolve a case without fighting in court (see arbitration, mediation and negotiation) 

Appeal

A process of overturning a court’s judgment or order by going to a higher court where a party feels that a decision in wrong in law, bias, perverse or irrational

Application

A request by one party for something after a claim has been started

Arbitration

A form of alternative dispute resolution where parties can argue a case in an arena like a court but more informal and with different rules

Bailiff

An officer who enforces a judgment or order – i.e. by removing belongings from an individual or groups property

Box Work

When a judge does paperwork on a case without the parties in the Courtroom

Case Law

Decisions of other courts that are either the law on how to interpret a particular piece of statute or are law in themselves

Case Management

The court’s attempt to control what is done in relation to a case before it gets to trial

Case Management Order

An order that a judge makes to force a

Circuit Judge

A more senior judge than a district judge referred to as ‘your honour’

Civil Procedure Rules

(‘CPR’)

 

A collection of rules governing the County Courts

Claimant

The individual or group making the claim

Contempt

To be found to be misbehaving in Court i.e. lying or being aggressive. This can result in a prison sentence.

Costs

Payment of legal fees. Often courts will order the party that lost a case to pay the party that won for the cost of their lawyers.

Costs in the Case/Application/Appeal

Where the Judge decides that the winning party should have the costs (of legal representation a d Court Fees) of bringing the case, application or appeal paid for by the losing party

Costs Reserved

Where the Judge decides that they will deal with the question of whether one party should pay the another parties’ costs on another occasion (of their legal representation and Court Fees)

Counsel

A lawyer who specialises in appearing at court who is often a specialist in a particular area of law

Counterclaim

A claim by a defendant against a claimant i.e. a road traffic accident where A claims to have been hit by B but B claims to have been hit by A

Court Fee

Money paid to Court

Court Office

Each Court has an administrative office where all case papers are sent, claims or applications are started and

Damages

The money the Court awards for compensation for a wrongdoing (i.e. for a road traffic accident)

Defendant

The individual or group defending the claim

Detailed Assessment

Where, after a hearing, the Judge decides to have the costs (of legal representation and Court Fees) payable by one party to another dealt with at a separate hearing

Disclosure

Where both sides tell one another what documents they have that are relevant to the case

Disposal

A hearing after the Court has made a decision on liability to decide how much one party should give another

District Judge

A low level judge in civil cases referred to as ‘sir’ or ‘madam’

Evidence

The information given by a party to show what they are trying to assert to the Court is true, including documents, sworn oral evidence at the hearing, the claim form, witness statements among others

Ex Parte Application

An request of the Court, either at a hearing or on paper sent to the Court without the knowledge of the other side

Fast Track

A more formal and expensive court process than a small claim for cases of mediocre value and/or some complexity 

File

To send papers to Court

Hearing

Where an individual or group appear before a court

High Court Judge

A more senior judge than a circuit judge referred to as ‘your lordship’ or ‘ladyship’

Home Court

The Court which covers an area where the Defendant resides and is where the Claimant often has to start a claim

Interest

An additional proportion of a judgment debt added on to the judgment to reflect what the winner of a case would have got if they had had the money all along and been able to invest it

Issue

To start a claim

Judgment

A Court decision in favour of a winning party, not always for an amount of money

Judgment in Default

A judgment against an individual or group in a case as a result of them not filed an acknowledgement of service or defence within the time limits

Lay Representative

A person who is not a lawyer but represents a party

Legal Executive  

A representative with a qualification from the Institute of Legal Executives

Legislation

Another word for laws including Regulations and Acts

Litigant in person

An individual who is a party in the proceedings who is representing themselves without a lawyer or representative

Master

A low level judge with a similar rank to a district judge who specialises in one area of law referred to as ‘sir’ or ‘madam’

Mediation

A form of alternative dispute resolution where parties try to resolve a case through an impartial person who does not make a decision but attempts to assist the parties by narrowing the issues between them in a counselling style

Multi Track

A more formal and expensive court process than the fast track for cases of high value and/or high complexity

Negotiation

A method of trying to reach a settlement which involves bargaining to settle a case

No Order As to Costs

Where the Judge decides that the winning party should not be able to receive the costs (of their legal representation and Court Fees) of bringing the claim

Order

A Court decision forcing a person or group to do something

Part 20 Claimant

An individual or group who make a claim within a claim ( i.e. a counterclaim)

Parties

The individual or group involved in the case

Practice Direction

Guidance for how parties and courts on how to deal with a Rule

Pre Action Protocol

A document telling parties how they should behave towards to one another before they start a case

Regulation

A collection of laws passed by Government that Judges have to apply

Reply

Where a claimant answers a defendant’s defence

Return date

Where a court hears a case again after it has been adjourned

Rule

A document telling parties and courts procedure for conduct of a case

Section

An individual law within an Act

Serve

To send papers to another party

Set aside

A process of removing a judgment or order by applying to the court that made the decision

Settlement

Where a case is finished by the parties agreeing not to fight in court

Small Claims Track

The most informal and least expensive court process which is used for cases of little value which are not overly complex

Solicitor

A lawyer who deals with both court representation and paperwork who will often deal with several areas law and sometimes not be a specialist

Solicitors’ Agent

A lawyer who is not a barrister or solicitor but is employed by a solicitor to act for a party at court

Statement of Truth

A specific paragraph where a person swears that what they are saying on a document is true (essential in witness statements, claim forms and particulars of claim)

Statute

Another word for laws including Regulations and Acts

Strike Out

Where the Court orders some documents to be taken away or parts deleted often resulting in an application for summary judgment

Summary Assessment

Where a Court decides the costs (of legal representation and Court Fees) to be paid by one party to another at the hearing and deals with them in an informal way

Summary Judgment

Where a court makes a judgment without hearing a full trial

The Overriding Objective

The central rule of the Civil Procedure Rules which that all cases should do justice to both parties

Third Party Claim

Where a Defendant applies to the Court to transfer liability on to a party not previously involved in the proceedings (i.e. where a driver is being sued by a pedestrian and blames another driver for having to swerve onto the pavement)

Track

see Small Claims Track, Fast Track and Multi Track

Trial

Where the Court listens to each parties case in full and makes a final decision in the form of a judgment or order

Unspecified Claim

Where an amount of money is left to be dealt with by the Court at the hearing

Waive

To allow a person to give up a right or ignore a rule i.e. to give up your right to rely on without prejudice would allow the court to see letters aimed at resolving a case

Without Prejudice

A rule allowing parties to negotiate and make offers without the content of those negotiations being shown to a court

Witness

A person who provide factual evidence in a written statement and/or speech at a trial