Our legal glossary has been designed to help you understand legal jargon used by our solicitors regarding your claim.
Understandably, you may feel overwhelmed by the complexity of legal terminology. However, reading the simple definitions we have provided may alleviate some of your confusion, helping you prepare for the claims process.
Additionally, our specialist panel of solicitors at Public Interest Lawyers will navigate and support you through your claim, simply explaining each stage and aspect of it. Our advisory team can also answer any questions you have about the legal glossary and how to get a compensation claim started.
Legal Glossary
Here are some brief definitions of the legal terms and phrases you may come across if you make a compensation claim.
Admission Of Liability
An admission of liability is when a defendant admits responsibility for their actions and the consequences of them.
Agreement
In a legal context, an agreement is when two or more parties reach a mutual consensus regarding a particular matter and determine an appropriate course of action.
Allegation
An allegation is a statement made against a person or organisation that is yet to be sufficiently proven.
Allocation
In law, allocation refers to setting cases or decisions aside to ensure it is dealt with in the most appropriate track.
Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) are methods of resolving disputes without going through court proceedings. Examples of this include arbitration, mediation, conciliation, negotiation and adjudication.
Appeal
An appeal is a request made to a higher court to change or overturn the decision of a lower court.
Application
In a legal setting, an application is a specific request issued by a court or legal advisors.
Barrister
A barrister is a specialist legal advisor who represents clients in courts and tribunals within the UK. They have specific qualifications and expertise in presenting cases in court.
Breach Of Duty
A breach of duty refers to a negligent act or omission of a person who violated the conditions of their legal duty of care and responsibility to ensure the reasonable safety of others.
Causation
Causation refers to a proven link between a defendant’s negligent act or omission and the harm the claimant suffered as a result of this. Both factual causation, also known as the but-for test and legal causation must be established to prove this.
Civil Procedure Rules (CPR)
The Civil Procedure Rules (CPR) are a set of rules that provide a structural framework for how civil claims are conducted. They ensure claims are resolved in a fair, cost friendly structured manner.
Compensation
Compensation is a momentary award given to clients who suffered harm due to the actions of another. It typically consists of general and special damages.
Conditional Fee Agreement
A Conditional Fee Agreement (CFA) is a contract between a solicitor and their client regarding how they pay for their legal services. A CFA is a type of No Win No Fee arrangement.
Claimant
A claimant is a person pursuing a claim against an individual or organisation responsible for harm that they suffered.
Claim Notification Form (CNF)
A claim notification form (CNF) is a formal document issued to a defendant or insurance company, informing them a claim is being issued against them.
Contributory Negligence
Contributory negligence is when a claimant is partially responsible for their injuries. In such claims, compensation is reduced by the extent to which they contributed to their injuries.
Costs
In a legal context, costs refer to payments requested throughout the claims process for legal representation, court fees, expert reports and other disbursements.
Counsel
Counsel refers to a barrister or solicitor who is representing a client.
Counter Schedule
A counter schedule is a defendant’s written response to the damages a claimant is requesting. It contains their opinion of the damages and whether they will accept them.
County Court
The County Court is a court within the UK that deals with civil cases, helping claimants obtain compensation for their suffering and financial losses.
Court Of Protection
The Court of Protection is a specialist court within the UK that helps those who lack mental capacity make decisions on financial and welfare matters.
Court Order
A court order is a formal and legally binding decision made by a court in writing that must be fulfilled by the party it is issued to.
Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is a government executive agency that provides compensation payouts to those injured in criminal and violent attacks.
The Compensation Recovery Unit (CRU)
The Compensation Recovery Unit (CRU) is a governmental department that works with solicitors and insurance companies to recover social security benefits to those who have been injured and received compensation for these injuries.
Damages
Damages are momentary compensation awards for injuries and financial losses, provided by a defendant, court or insurance company.
Defence
Defence refers to a defendant’s response to a claim being issued against them.
Defendant
A defendant is a person accused of committing a personal injury or crime.
Disbursement
Disbursement refers to a payment made by solicitors to third parties on behalf of a claimant, who must later reimburse the costs.
Duty Of Care
A duty of care is a legal obligation imposed upon specific individuals or organisations to ensure the safety of others. Depending on your circumstances, location or employment, those responsible for your care may owe a specific duty to ensure your safety.
Eligibility
Eligibility refers to a person’s legal entitlement to pursue a compensation claim. Depending on the type of claim you wish to pursue, you must meet the specific claims eligibility criteria.
Employer’s Liability
Employer’s liability refers to a legal duty of care imposed upon employers to take reasonable steps to ensure their employees remain safe, established under the Health and Safety at Work etc. Act 1974. If employers are in breach of this, employees may pursue an accident at work claim for their suffering.
Evidence
Evidence is a bundle of information that paints a picture of the circumstances of a claim. For example, it determines whether the defendant owed a duty of care, how they breached it and how this resulted in the claimant’s injuries.
Expert
An expert is a person with high knowledge of a particular area. They are typically called upon to provide a professional opinion of the claim based on their expertise.
Fast Track
Fast track refers to straightforward claims that have a maximum value of £25,000, but a minimum value of £10,000. This process is designed to settle non-complex claims within one hearing.
Fees
In a legal context, fees refer to payments or service charges for seeking legal representation on a claim or fees associated with a case, such as civil court fees.
Fundamental Dishonesty
Fundamental dishonesty occurs when a client or party to a claim intentionally provides false information or deliberately fabricates details, having profound consequences on the validity of the claim.
General Damages
General damages are the head of claim that offers momentary compensation awards for a claimant’s physical or mental injuries. Solicitors value this with compensation guidelines created by the Judicial College.
Hearing
A hearing is a formal legal proceeding. During this, the case facts and evidence are presented before a judge to determine the defendant’s liability and potential damages.
High Court
The High Court deals with claims of high value and importance in the UK. It has three divisions, namely, the King’s Bench Division, the Family Division and the Chancery Division.
Instructions
In a legal context, instructions refer to the requests and actions a client informs their solicitor to fulfil.
Interim Payment
Interim payments are advanced compensation payments that assist claimants in paying large and urgent costs while their claim is ongoing. However, this must be approved by a court. The overall sum paid in advance will be deducted from the final award.
Interim Proceedings
Interim proceedings are hearings that take place before trial commences to manage and resolve disputes.
Issue Of Proceedings
Issue of proceedings occur when disputes cannot be resolved outside of a court. This is created by the claimant’s solicitors and given to the court and defendant to issue court proceedings.
Joint Statements
Joint statements are documents that are agreed and signed by the parties to a claim. It states the issues both agreed and disagreed upon.
Judgement
A judgement is the final decision of a court that proclaims the defendant’s status of liability and the damages awarded. In civil cases, a judge determines the judgement however, a jury does so in criminal cases. It can also refer to a written account of the trial to provide a clear summary and how the law was applied.
Judicial College Guidelines
The Judicial College Guidelines (JCG) are an authoritative framework used by solicitors and courts within England and Wales to value general damages in personal injury claims. It aims to provide fairness and consistency with compensation payouts, but the figures contained within are only guidelines.
Letter Of Claim
A letter of claim is a formal and legal document sent by a claimant to a defendant, informing them legal proceedings are being issued against them. It includes a summary of the case, the grounds of the claim and damages.
Liability
Liability is when a person is held legally responsible for the physical or mental harm and financial losses of another person under UK law.
Limitation
Limitation refers to a statutory time limit claimants have to pursue a claim which is governed by the Limitation Act 1980. If claimants go beyond this, their claim is rendered time-barred and they are unable to pursue it.
Litigation
This is the process of pursuing legal action through courts in the UK.
Litigation Friend
A Litigation Friend is a competent person, over the age of 18, who pursues a claim on behalf of a child or person who lacks mental capacity. Their duty is to make legal decisions in the claimant’s best interests.
Mediation
Mediation is a confidential, flexible and voluntary process commenced to resolve disputes between two or more parties. A neutral, third-party mediator runs the discussions to ensure a settlement is fairly and calmly reached without court proceedings.
Medical Expert
A medical expert is a qualified medical specialist who impartially examines the extent of a client’s injuries, treatment and prognosis. They then produce an unbiased report of their findings to be used as medical evidence in a claim.
Motors Insurers Bureau (MIB)
The Motors Insurers Bureau (MIB) is a non-profit organisation of which every vehicle insurer within the UK is a member of. It aims to compensate victims who were harmed by uninsured or untraceable drivers.
Multi Track
In law, multi-track refers to a procedure for handling complicated disputes and high value claims over £25,000. A multi-track process gives the court flexibility to handle the claim in the most appropriate manner.
Negligence
Negligence refers to the wrongful acts or omissions committed by a person or organisation who legally owe a duty of care, causing harm or injury.
No Win No Fee
No Win No Fee refers to a type of agreement made between a solicitor and their client regarding payments for legal representation. A Conditional Fee Agreement is one type of a No Win No Fee arrangement. Under this type of agreement, the claimant does not pay for the solicitor’s services upfront, as the claim is ongoing or if it is unsuccessful, but they will pay a success fee as a percentage of their compensation if they win.
Occupier’s Liability
Occupier’s liability refers to the duty of care that is owed by an occupier of a premises to those who visit the space they are in control of. If they breach this duty, causing harm to a visitor, they may pursue a claim under the Occupiers’ Liability Act 1957.
Part 36 Offer
A part 36 offer is a formal, without prejudice settlement proposal made under the Civil Procedure Rules. It encourages the parties involved in a dispute to reach a settlement without court proceedings.
Portal
In a legal context, a portal refers to a digital system that is used to manage and process low-value claims.
Pre-Action Protocols
Pre-action protocols contain the mandatory steps a court expects the parties to follow before commencing court proceedings. This encourages parties to gather information regarding the claim and negotiate without the claim going to court.
Provisional Damages
Provisional damages ensure that claimants who have not fully recovered can seek further compensation should their condition worsen. They are typically awarded if the claimant’s prognosis is uncertain or if they are likely to deteriorate, to prevent potential injustice with the award.
Public Liability
Public liability refers to the legal duty of care of those in control of an area the public has access to. If businesses, organisations or councils are in breach of this and a person suffers harm, they may pursue a public liability claim.
Rehabilitation
Rehabilitation refers to a set of interventions to support individuals who have suffered an injury, whether physical or mental. It optimises functioning, independence and recovery by reducing disability so people can fulfil their daily lives.
Settlement
A settlement refers to a final compensation figure that is agreed upon between the parties, typically covering general and special damages. Once a settlement has been reached, the claim is generally drawn to a close.
Small Claims
Small claims are generally simple, non-complex claims that are typically valued below £10,000. They often arise to resolve legal disputes without the support of a solicitor.
Solicitor
A solicitor is a legally qualified professional who provides expert legal advice, support and representation. They directly manage civil and criminal claims on behalf of their clients, helping them obtain compensation for their suffering.
Solicitors Regulation Authority
The Solicitors Regulation Authority is an independent regulation authority for solicitors operating in England and Wales. It sets out a code of conduct for solicitors to adhere to, ensuring they meet high standards. Additionally, they have disciplinary powers in the event solicitors do not meet this standard.
Special Damages
Special damages are the head of claim that offer compensation awards for monetary losses that resulted from a client’s injuries. It takes into account losses already incurred as well as future losses such as lost earnings and payments for medical support.
Statement Of Truth
A statement of truth is a formal declaration that is requested at the end of a legal document, report or statement. This aims to confirm the validity of the information that has been proclaimed.
Success Fee
A success fee is a payment given to a solicitor by their client for successfully settling their claim. They are requested as part of a Conditional Fee Agreement and are capped at 25% of the compensation.
Supreme Court
The Supreme Court is the UK’s highest Court of Appeal. It handles civil and criminal cases of the highest public and constitutional importance.
Third Party
A third party is an additional person to a claim. Although they are distinct from the predominant parties, they have some involvement and interest in the outcome of the claim.
Time Bar
A time bar refers to a statutory deadline for pursuing civil and criminal claims. So, if you go beyond this set limitation period, your eligibility to pursue a compensation claim may be denied and said to be time-barred.
Transcript
A transcript is a written and verbatim record of everything stated during courtroom procedures. They note all statements provided by judges, legal representatives and the parties to a claim for authoritative and potential future purposes.
Trial
A trial is a formal legal proceeding that deals with matters of civil or criminal incidents. Throughout a trial, evidence is presented before a judge and jury to determine the defendant’s liability. However, solicitors for compensation claims tend to settle disputes before they reach this stage, as they can be lengthy in time and costly.
Without Prejudice
Without prejudice refers to statements proclaimed in a genuine attempt to settle a dispute. As they are made without prejudice, they cannot be used within legal proceedings against the party that stated them.
Witness
A witness is a person who sees an event, such as a personal injury or criminal incident, take place. They are asked to provide a witness statement containing their personal knowledge of the event, which is then used as evidence during legal proceedings.
More Information
For more information about personal injury claims, please read the following guides.
- Learn about personal injury claims
- Information about personal injury lawyers
- Answers to our frequently asked questions
References
- Find an urgent care facility, NHS.UK
- Access mental health services, NHS.UK
- More legal jargon explained, SRA.ORG.UK
Thank you for reading our legal glossary. We hope that you have found it useful. Please contact an advisor if you have any questions.