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Glossary - Legal terms

To find a particular LEGAL TERM, click on one of the following letters:

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

	ACKNOWLEDGEMENT OF SERVICES
	Form of reply to, or confirmation of, service of process

	ACQUITTAL
	Discharge of defendant following verdict or direction of not guilty

	ACT
	Law, as an act of parliament

	ACTION
	see 'CLAIM'

	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).

	ADJUDICATION
	Judgment or decision of a Court or tribunal

	ADMINISTRATION ORDER
	An order by a County Court directing a debtor to pay a specified monthly instalment 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

	ADMIRALTY ACTIONS
	see 'HIGH COURT'

	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

	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

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

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

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

	ALLOCATION QUESTIONNAIRE
	Issued to all parties after a defence has been filed. This form details all the evidence to be used as well as the required domestic arrangements for the trial

	ALTERNATIVE DISPUTE RESOLUTION
	An alternative method by which parties can resolve their dispute - could be arbitration

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

	ANNUL
	To declare no longer valid

	APPEAL
	Application to a higher Court or authority for review of a decision of a lower Court or authority

	APPELLANT
	Person who appeals

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

	APPLICATION
	The act of applying to a Court

	APPRAISEMENT OR APPRAISAL
	Valuation of goods seized under warrant of execution prior to sale

	ASSISTED PERSON (LEGALLY)
	A party to legal proceedings who is receiving legal aid

	ATTACHMENT OF EARNINGS
	An order that directs an employer of a debtor to deduct regularly an amount, fixed by the Court, from the debtor's earnings and pay that sum into Court

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

	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

	BAILIFF
	Officer of the County Court empowered to serve Court documents and execute warrants

	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

	BAR
	The collective term for barristers

	BARRISTER
	(see COUNSEL ; SILK ) A member of the bar: the branch of the legal profession which has rights of audience before all Courts

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

	BILL OF COSTS
	(See TAXATION OF COSTS , SUMMARY ASSESSMENT and DETAILED ASSESSMENT .

	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

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

	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

	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

CASE CONFERENCE

Usually the first hearing in a Multi Track claim and an opportunity to take stock and consider the way forward

CASE NUMBER

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

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

CAVEAT

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

CERTIFICATE OF LEGAL AID COSTS

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

CESSATE

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

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

CHANCERY DIVISION

see HIGH COURT

CHARGE

A formal accusation against a person that a criminal offence has been committed (see also CHARGING ORDER)

CHARGING ORDER

An order directing that a charge be registered at the Land Registry on property owned by the debtor. This is also a form of enforcing civil debt. An order preventing the sale or disposal of a property until the charge has been cleared

CIRCUIT JUDGE

A judge who sits in the County Court and/or Crown Court

CIVIL

Matters concerning private rights and not offences against the state

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

CLAIM

Proceedings issued in the County or High Court. Previously know as an Action

CLAIMANT

The person issuing the claim. Previously known as the Plaintiff

CLAIM FORM

The form that a claim is issued on. Previously known as a Summons

CLINICAL NEGLIGENCE

Describes a medical accident where a patient has been harmed, not because of a complication which couldn't be avoided, but because a doctor or other healthcare professional has not given the proper standard of care. It doesn't mean that this person was incompetent. It can just mean that in a particular case, they made a mistake which they shouldn't have.

Clinical negligence includes things such as:

•	making a mistake during surgery;
•	giving you the wrong drug; or
•	making the wrong diagnosis or delaying a diagnosis unnecessarily.

Clinical negligence can also include not doing things that should be done, such as:

•	not giving you treatment you needed;
•	not getting your consent (agreement) to treatment; or
•	not warning you about the risks of a particular type of treatment.

If you or a relative have been the victim of clinical negligence, you may be able to claim compensation.

CLINICAL NEGLIGENCE LAW

This area of law covers help with claims for damages against all types of public and private medical practitioner. This includes treatment from doctors, nurses and dentists.

CODICIL

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

COMMISSIONER OF OATHS

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

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 (see WARRANT OF COMMITTAL )

COMMON LAW

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

COMPENSATION

Sum of money to make up for or make amends for loss, breakage, hardship, inconvenience or personal injury caused by another

CONCURRENT SENTENCE

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

CONCURRENT WRIT

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

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

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 travelling to Court

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

CONTEMPT OF COURT

Disobedience or wilful disregard to the judicial process

CONTRIBUTORY NEGLIGENCE

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

CO-RESPONDENT

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

CORROBORATION

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

COUNSEL

A Barrister

COUNT

An individual offence set out in an indictment

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

COUNTY COURT

Sometimes inaccurately referred to as the Small Claims Court, County Courts deal with civil matters including all monetary claims up to £15,000. Many County Courts have extra powers which enable them to deal with divorce and other family proceedings, bankruptcy actions, matters relating to children and cases involving ships and boats known as admiralty actions. Some County Courts are also branch offices of the High Court known as district registries

COURT

Body with judicial powers (see also COURT ROOM )

COURT OF APPEAL

Divided into:
i) civil and,
ii) criminal divisions and hears appeals:
i) from decision in the High Court and County Courts and,
ii) against convictions or sentences passed by the Crown Court, (see also Public Trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)

COURT OF PROTECTION

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

COURT ROOM

The room in which cases are heard

COVENANT

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

CREDITOR

A person to whom money is owed by a debtor

CRIMINAL

Person who has been found guilty of a criminal offence

CRIMINAL LAW

This area of law covers legal help on everything to do with criminal proceedings. For example, it includes being investigated, prosecuted and sentenced. You may need advice on length of prison sentence, detention or parole. This category also covers help about the way prisoners are treated.

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.

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

	DEBTOR
	Person owing money to another party

	DECREE
	An order of the Court in proceedings commenced by petition

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

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

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

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

	DEFAULT JUDGMENT
	Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim i.e. reply or pay within a 14 day period after service of the claim

	DEFENDANT
	Person sued; person standing trial or appearing for sentence

	DEPONENT
	Person giving evidence by affidavit

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

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

	DETAILED ASSESSMENT (of costs)
	Where costs are dealt with by the drawing of a bill of costs

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

	DEVI
	Person to whom freehold land is given by a will

	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

	DISCOVERY OF DOCUMENTS
	(see INSPECTION OF DOCUMENTS ) Mutual exchange of evidence and all relevant information held by each party relating to the case

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

	DISMISSAL
	To make order or decision that a claim be ceased

	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

	DISTRICT REGISTRAR
	see DISTRICT JUDGE

	DISTRICT REGISTRY
	see HIGH COURT

	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'

	DIVORCE
	Dissolution or nullity of marriage

	DOCK
	Enclosure in criminal Court for the defendant on trial

	EITHER-WAY OFFENCE
	(see INDICTABLE OFFENCE , SUMMARY 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

	EMPLOYMENT LAW
	This category covers help on anything to do with what happens at work. For example, you may feel you have been sacked unfairly. You may need advice on aspects of your employment contract or whether you have a case for racial or sexual discrimination. You may want to know whether a strike is legal or how you stand on data protection and employee confidentiality

	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

	ENTRY OF JUDGMENT
	Decision of the Court in favour of one or other of the parties

	ESTATE
	The rights and assets of a person in property

	EXECUTION
	(see LEVY ) Seizure of debtors goods following non payment of a Court order

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

	EXEMPT
	To be freed from liability or allegiance

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

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

	FAMILY DIVISION
	see HIGH COURT

	FAMILY LAW
	This category covers legal help on all family issues. For example, you may want advice on what to do if you want your children to live with you following a divorce and whether the other party should have contact with them. You can get help on what to do about domestic violence, or if your child is being taken into care or being considered for adoption.

	FAST TRACK
	The path that defended claims of more than £