A
Accused:
The person charged. The person who has allegedly committed the offence
Acknowledgement of service:
When the particulars of a claim form (outlining details of the claim) are served on (delivered to) a defendant, they receive a response pack including a form which they must use to acknowledge they have received the claim. The defendant must file (return) the acknowledgment form within 14 days of receiving the particulars of the claim. The particulars can be served with, or separately from the claim form.
Acquittal:
Discharge of defendant following verdict or direction of not guilty.
Act:
Law, as an act of parliament.
Adjudication:
A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the court.
Administrative Court:
The Administrative Court is part of the High Court. It deals with applications for judicial review.
Administration order:
An order by a County Court directing a debtor to pay a specified monthly installment 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.
Advocate:
A barrister or solicitor representing a party in a hearing before a Court.
Adversarial:
Arrangements designed to bring out the truth of a matter, through adversarial (conflict based) techniques such as cross-examination.
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. They declare by affirmation that the evidence he/she is giving is the truth.
Allocation:
The process by which a judge assigns a defended civil case, to one of three case management tracks, the small claims track, the fast track or the multi-track.
Annul:
To declare no longer valid.
Appeal:
Application to a higher court or other body for review of a decision taken by a lower court or tribunal. The higher court may overturn or uphold (i.e. reject) the lower court’s decision. Often, permission (leave) is required, to for an appeal to occur.
Appellant:
A person appealing to a higher court or body against a decision made in a lower court or body.
Applicant:
Person making the request or demand, e.g. person who issues an application.
Application:
The act of applying to a civil court to ask it to do something, for example to start proceedings.
Appraisement or appraisal:
Valuation of goods seized under warrant of execution prior to sale.
Arbitrator or Arbitration:
A process in which both sides agree to use an independent arbitrator (an impartial person) who gives a binding decision in the matter. The person making the claim (claimant) has to choose between going to arbitration and court – it is not usually possible to take a claim to court after it has been through arbitration.
Assured tenancy:
A tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure.
Award:
Result of an arbitration hearing or the amount of damages assessed by a Court.
B
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:
Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.
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: a lawyer entitled to represent clients in all the courts.
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.
Bound / binding:
A binding decision is one that must be obeyed by the people concerned. For example, it is not possible to go to court after a binding decision has been issued by an arbitrator.
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.
C
Case:
An action, suit or claim in a court of law. It can also mean the arguments put forward by parties in a court of law.
Case disposal:
The case is taken out of the court process (see Disposal).
Case Management Conference (CMC):
This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case.
Case management tracks:
Civil cases are allocated to one of three case management tracks, depending on financial value, issues of law and the likely duration (length) of the case. The three tracks are (i) the small claims track in which cases to the value of five thousand pounds can be considered and the claimant does not have to have legal representation (ii) the fast track for cases of value between five and fifteen thousand pounds and (iii) the multi- track for cases of value over fifteen thousand pounds. Legal representation is advisable in the fast and multi-tracks
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.
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:
The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.
Charge:
A formal accusation against a person that a criminal offence has been committed (see also Charging order).
Charging Order:
A court order directing that a charge be put on the judgment debtors’ property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land - without paying what is owed to the claimant.
Circuit Judge:
A judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court.
Civil:
Matters concerning private rights and not offences against the state.
Civil Justice or civil law:
A branch of the law which applies to the rights and dealings of private citizens, (including such matters as unpaid debts, negligence and the enforcement of contracts). It does not include criminal, immigration, employment or family matters.
Civil Procedure:
The rules and procedures to be followed for civil cases in the county courts and High Court.
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.
Codicil:
An addendum signed and executed which amends or adds something to a will.
Coercion:
Coercion exists when an individual is forced to behave in a particular way, by threats of violence, for example. The person concerned does not act freely.
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:
Usually a sum of money offered in recompense (to make amends) for an act, error or omission that harmed someone. The harm suffered may have been loss, personal injury or inconvenience.
Concurrent Sentence:
A direction by a Court that a number of sentences of imprisonment should run at the same time.
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.
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.
In civil cases, for example, failing to appear as a witness without informing the court or the party that called you. A person found to be in civil contempt of court could be fined.
Counsel:
A Barrister or solicitor in legal proceedings.
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 judgment (CCJ):
A judgment of the county court that orders a defendant to pay a sum of money to the claimant. CCJs are recorded on the Register of County Court Judgments for six years and can affect a defendant’s ability to borrow money
Covenant:
A formal agreement or a contract constituting an obligation to perform an act.
D
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.
Deed:
A legal document which sets out the terms of an agreement, which is signed by both parties.
Default Judgment:
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.
Defendant (civil):
The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in full.
Defendant (criminal):
Person standing trial or appearing for sentence.
Deposition:
A statement of evidence written down and sworn on oath, or by affirmation.
Determination (criminal):
Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable.
Determination (civil):
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.
Disclosure:
Parties to a civil case must disclose (show to the other party) documents they intend to rely on in court to support their 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.
Dispute:
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.
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.
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’.
E
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.
Estate:
The rights and assets of a person in property.
Executor:
A person or persons specified to carry out the provisions of a will.
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.
F
Fast Track:
The path to which defended claims of not more than £15,000 are allocated.
Fieri-Facias (FI-FA):
(see Sheriff) High Court version of warrant of execution in County Court. A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt.
Filing:
The process of delivering or presenting forms and other documents to a court. For example a claim or a defence to a claim must be filed.
Fixed costs:
Costs in civil cases that are set at a certain level and can be claimed in specific circumstances. For example, if a defendant does not acknowledge a claim, the claimant can obtain judgment and an order for fixed costs to offset the cost of beginning the claim.
G
Garnishee:
A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant.
Guarantor:
Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement.
Guardian:
A person appointed to safeguard/protect/manage the interests of a child or person under mental disability.
H
Hearing:
A hearing is the trial of the case. Hearings are usually held in public.
High Court:
A civil Court which consists of three divisions:-
i) Queen’s Bench (can be known as King’s Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;
ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship;
iii) Chancery - property matters including fraud and bankruptcy.
High Court Enforcement Officers:
An enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders.
Home court (civil):
The court nearest to the defendant’s home or place of business.
I
Independent:
Person or organisation not connected to any of the parties in a dispute or legal case.
Indictable Offence:
A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence.
Injunction:
A court order which either restrains a person from a course of action or behaviour, or which requires a person to follow another course of action.
Inspection of Documents:
Arrangements made by the parties to allow mutual exchange and copying of documents.
Instalments:
A method of paying a debt in several parts at intervals. Payment by instalments is agreed to make the burden of repayment lighter.
Interest:
A charge for borrowed money, a percentage of the sum borrowed.
Interlocutory:
Interim, pending a full order/decision, e.g. interlocutory judgment for damages pending further hearing to assess amount to be awarded and entered as final judgment.
Interpleader:
A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership.
Intestate:
Without leaving a will.
Interim order:
An order made during proceedings which is not a final order.
J
Judgment:
The decision or sentence issued by a court in legal proceedings.
Judicial review:
The High Court can review decisions of inferior (lower) courts, public bodies and other bodies to ensure that the decision making process has been lawful.
Junior Counsel:
A member of the bar: the branch of the legal profession which has rights of audience before all Courts.
Jurat:
A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken.
Jurisdiction:
The area and matters over which a court has legal authority.
Justice of the Peace:
A lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence.
Jurisdiction:
The area and matters over which a Court has legal authority.
Juvenile:
Person under 17 years of age.
L
Law:
The system made up of rules established by an act of parliament, custom or practice enjoining or prohibiting certain action (see also Common Law).
Law Lords:
Describes the judges of the House of Lords who are known as the Lords of Appeal in ordinary.
Lawyer:
The legal profession in the UK is divided into two branches. Barristers have the right to represent clients in higher courts whereas most solicitors are restricted to represent their clients in the lower courts.
Lay representative:
A person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse.
Leading junior counsel:
A senior barrister who deals with more serious cases, but not a QC.
Leave:
Leave means ‘permission’. Some steps in legal action require the permission of the court. For example a losing party may be granted leave to appeal.
Legal Personal Representative:
The person to whom a grant of probate or letters of ADMINISTRATION has been issued.
Legatee:
Person to whom personal estate is given by will.
Letters of Administration:
Authority granted by a Probate Registry to someone interested in the estate of a person who has died without leaving a will. The order allows the ‘administrator’ to carry out the duties relating to the estate.
Levy:
A duty carried out by a bailiff or sheriff under the authority of a warrant or writ of fi-fa, for a sum of money whereby goods of value belonging to the debtor are claimed with a view to removal and sale at a public auction in an attempt to obtain payment
Liability:
Responsibility or obligation. For example, a debt is a liability or responsibility.
Libel:
A written and published statement/article which infers damaging remarks on a persons reputation.
Lien:
A legal right to withhold the goods/property of another until payment is made.
Litigant in person:
A person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the court.
Litigation:
Legal proceedings or court action. Litigation can be either civil or criminal proceedings.
Litigation friend:
A person who conducts legal proceedings on behalf of a child or a mentally incapacitated person.
Lodging:
The process of filing (delivering) documents to a court.
Long Vacation:
Period between 1 August and 30 September in each year during which there are only restricted High Court sittings for urgent matters.
Lord Chancellor:
The cabinet minister who acts as speaker of the House of Lords and oversees the hearings of the Law Lords. Additional responsibilities include supervising the procedure of Courts other than Magistrates or Coroners Courts and selection of judges, magistrates, queens counsel and members of tribunals.
Lord Chief Justice:
Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice).
Lord Justice of Appeal:
Title given to certain judges sitting in the Court of Appeal.
M
Magistrates Court:
A Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. Also has jurisdiction in a range of civil matters.
Maladminstration:
Maladministration is administration that leads to injustice because of such factors as excessive delay, bias or arbitrary decision-making.
Master of the Rolls:
Senior judge of the Court of Appeal (Civil Division).
Mediation:
A process for resolving disagreements in which an impartial third party (the mediator) helps people in dispute to find a mutually acceptable resolution. If mediation fails court proceedings can be initiated or re-activated.
Mesne Profits:
Sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up.
Minor:
Someone below 18 years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian.
Mitigation:
Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence.
Money Claim:
A claim for money only in the county court. The claim can be for a fixed on unspecified amount. See also unspecified amount of money.
Motion:
An application by one party to the High Court for an order in their favour.
N
Non-Molestation:
An order within an injunction to prevent one person physically attacking another.
Non-Suit:
Proceedings where the plaintiff has failed to establish to the Court’s satisfaction that there is a case for the defendant to answer.
Notary Public:
Someone who is authorised to swear oaths and certify the execution of deeds.
Notice of Issue:
Notice sent by a Court to the claimant giving notification of the case number allocated to their action and details of fees paid. Confirms date of service.
Nullity:
Application to the Court for a declaration that a marriage be declared ‘void’ or be annulled i.e. declared never to have existed or to have subsisted until the Court dissolved it.
O
Oath:
To call upon God to witness that what you say at the hearing is the truth or binding. (see affirmation).
Official Receiver:
A civil servant who works for the Department of trade and Industry and is appointed by the Court to act as:-
i) a liquidator when a company is being wound up;
ii) a trustee when an individual is made bankrupt. The duties of an official receiver will include examining the company/bankrupt’s property which is available to pay the debts and distributing the money amongst the creditors.
Ombudsman:
Independent ‘referees’ who consider complaints against public and private organisations in a wide range of fields including housing, health and banking. They are often used as a last resort when complaints cannot be resolved through an organisation’s own complaints procedure. Ombudsman services are free to use. Recommendations made by ombudsmen are not binding on the person making the complaint (complainant). They can still go to court even if the ombudsman decided against them.
Oral evidence:
Evidence given to a court, verbally rather than in writing.
Oral Examination:
A method of questioning a person under oath before an officer of the Court to obtain details of their financial affairs.
Originating Application:
A method of commencing proceedings under the authority of a specific act of parliament, e.g. Landlord and Tenant Act, whereby the applicant asks the Court to grant an order in their favour.
Ouster:
An order within an injunction to force a person to leave a property.
P
Particulars of claim:
This document contains details of the claimant’s claim which must be contained in the claim form or served shortly after the claim form has been served. The particulars should be a concise statement of the facts of the claim.
Party / parties:
People involved in court proceedings either as the defendant(s) or claimant(s).
Party and Party:
Costs that one party must pay to another.
Patient:
A person who is deemed incapable of handling his/her own affairs by reason of mental incapacity and who is under the jurisdiction of the Court of Protection.
Penal Notice:
Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment.
Petition:
A method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved (divorce proceedings).
Petitioner:
A person who presents the petition.
Plea:
A defendant’s reply to a charge put to him by a court; i.e. guilty or not guilty.
Pleading:
Documents setting out claim/defence of parties involved in civil proceedings.
Possession Proceedings:
Legal proceedings by a landlord to recover land or property such as a house or flat.
Power of Arrest:
An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order.
Precedent:
The decision of a case which established principles of law that act as an authority for future cases of a similar nature.
Preliminary hearing:
A hearing in which the Judge ensures that the parties understand what they must do to comply with any directions and offers guidance on such matters as the use of an expert witness. This hearing is before the final hearing.
Probate:
The legal recognition of the validity of a will.
Prosecution:
The institution or conduct of criminal proceedings against a person.
Prosecutor:
Person who prosecutes.
Public trustee:
A person (usually a barrister or solicitor) appointed by the Lord Chancellor as
i) trustee for trusts managed by the Public trust Office;
ii) Accountant General for Court Funds;
iii) Receiver (of last resort) for Court of Protection patients.
Puisne Judge:
(Pronounced Puny) High Court judge. Any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal.
Q
Quasi-judicial functions:
A quasi-judicial function is an executive function that involves the exercise of discretion (judgment). Court staff perform quasi-judicial executive functions such as managing the issuing of claims, serving court documents and deciding what would be reasonable for the defendant to pay – for example, see determination.
Quantum:
In a damages claim the amount to be determined by the court.
Queens Bench Division:
A division of the High Court. The QBD has jurisdiction (reasonability for) civil disputes involving the recovery of money, including breach of contract; personal injuries; libel and slander.
Queen’s Counsel (QC):
Barristers of at least ten years standing may apply to become queen’s counsel. QCs undertake work of an important nature and are referred to as ’silks’ which is derived from the Courts gown that is worn. Will be known as king’s counsel if a king assumes the throne.
R
Re-allocation:
Transferring the case from one allocated track to another. This can happen if the value of the case increases.
Receiver:
Person appointed by the Court of Protection to act on behalf of a patient.
Recognisance:
An undertaking before the Court by which a person agrees to comply with a certain condition, e.g. keep the peace/appear in court. A sum of money is normally pledged to ensure compliance.
Recorder:
(also Assistant Recorder) Members of the legal profession (barristers or solicitors) who are appointed to act in a judicial capacity on a part time bases. They may progress to become a full time judge.
Registrar:
Registrars and deputy registrars were renamed DISTRICT Judges and Deputy DISTRICT Judges respectively in the Courts and Legal Services Act 1990.
Released:
A witness is released (freed from an obligation or duty) by the court, when he or she has given evidence in a case.
Remand:
To order an accused person to be kept in custody or placed on bail pending further Court appearance.
Restitution:
Where a defendant who has been evicted by a bailiff illegally re-enters the property the claimant must issue a warrant of restitution with the court in order to regain possession.
Right of Audience:
Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings.
S
Sanction:
A penalty imposed on a person involved in a case if he or she, for example, fails to comply with directions or refuses to consider an alternative to court. Even though a person wins a case, the judge may order them to pay the other party’s costs.
Satisfaction:
Paying a debt or settling an obligation by an act or deed.
Security of tenure:
A period in which something is held.
Service:
Delivery by post, or in person, of the claim form, or other court documents.
Settlement:
A voluntarily agreement by the claimant and defendant to settle their civil case.
Sheriff:
An officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution.
Skeleton argument:
A written summary of the main points of a case to be heard by an appeal court.
Slander:
Spoken words which have a damaging effect on a person’s reputation.
Solicitor:
Member of the legal profession chiefly concerned with advising clients and preparing their cases and representing them in some Courts. May also act as advocates before certain Courts or tribunals.
Statement:
A written account by a witness of the facts of details of a matter.
Statement of case:
The statement of case contains the outline of the claimant’s case and includes: (i) a claim form, (ii) the particulars of claim – where these are not included in the claim form; (iii) the defence and (iv) a reply to the defence (v) any counterclaim.
Statement of truth:
Every statement of case must be verified by a statement of truth, signed by the parties involved. A statement of truth is a statement that says that a party believes the facts they have written down are true.
Statutory Instrument:
A document issued by the delegated authority (usually a Government Minister or committee) named within an act of parliament which affects the workings of the original Act, e.g. The County Courts Act 1984 confers authority on to the County Court Rule Committee to make rules relating to the operation of the County Courts act.
Stay:
A suspension of court proceedings. This remains in effect until an order has been followed. No action may be taken in the case other than an application to have the stay lifted. A case can also be stayed when an offer of payment is accepted or if the court feels it is necessary.
Stay of Execution:
An order following which judgment cannot be enforced without leave of the court.
Subpoena:
A summons issued to a person directing their attendance in Court to give evidence.
Suit:
Legal proceedings commenced by petition.
Suitor:
Person bringing a suit before the Courts.
Summary Assessment (of costs):
When a court makes a cost order it may make a summary assessment of costs immediately after it has made the order. The court will usually make a summary assessment.
Summary Judgment:
A judgment obtained by a claimant where there is no defence to the case or the defence contains no valid grounds. A summary judgment can be obtained without a trial or hearing. A defendant can also obtain summary judgment if he or she can establish that the claimant has no real prospect of succeeding on the claim. You have to apply to the court for a summary judgement hearing to take place.
Summary Offence:
A criminal offence which is triable only by a Magistrates Court.
Summary procedure:
A procedure by which the court when making an order about costs, orders payment of a sum of money instead of fixed costs or detailed assessment.
Summing-up:
A review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its verdict.
Surety:
A person’s undertaking to be liable for another’s default or non-attendance at Court.
Suspended Sentence:
A custodial sentence which will not take effect unless there is a subsequent offence within a specified period.
T
Testor:
A person who makes a will.
Third party:
Person who is not party to a legal case, but may be relevant because he or she owes the defendant money. In that case the defendant can issue a third party notice against such a party.
Trial:
A public hearing in which the evidence in a case, and the law which applies, are examined.
Trial (civil):
Civil trials are generally held before one or more judges without a jury. The form and length of a civil trial will depend on the track to which the case has been allocated.
Trial bundles:
These are the documents that are likely to be referred to in a trial or tribunal hearing. Identical bundles are prepared for the judge and the parties to the case.
Trial contents:
The contents of the trial include any written statements and documents in trial bundles.
Trial Window:
A period of time within which the case must be listed for trial.
Tribunal:
A tribunal is a body outside of the court structure. They hear disputes relating to specific areas such as immigration, employment and some tax matters and adjudicate on them. Tribunals are thought to be cheap and fast and allow expert knowledge to be applied.
Trust:
Property legally entrusted to a person with instructions to use it for another person (or persons benefit).
Trustee:
A person who holds or administers property in a trust for another (or others).
U
Undertaking:
A promise, which can be enforced by law, made by a party (person) or their legal representative during legal proceedings.
V
Varied order:
If a defendant has been ordered to pay an amount in full or by instalments, which they cannot afford, they can ask the court to vary the order to allow payment by instalments or by reduced instalments.
Vexatious litigant:
A person who regularly brings court cases which have little chance of succeeding. The Attorney General can apply to the High Court for an order to prevent such as person form starting legal proceedings without permission.
Vice Chancellor:
Senior judge and head of the Chancery Division of the High Court of Justice (although the Lord Chancellor is the nominal head).
W
Ward of Court:
The title given to a minor who is the subject of a wardship order. The order ensures that custody of the minor is held by the Court with day to day care of the minor being carried out by an individual(s) or local authority. As long as the minor remains a ward of Court, all decisions regarding the minors upbringing must be approved by the Court, e.g. transfer to a different school, medical treatment etc.
Warrant of Committal:
Method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is imprisonment; the bailiff is authorised to carry out the arrest and deliver the person to prison (or in some instances the Court).
Warrant of Delivery:
Method of enforcing a judgment for the return of goods (or value of the goods) whereby a bailiff is authorised to recover the goods (or their value) from the debtor and return them to the creditor.
Warrant of Execution:
A method of enforcing a judgment, The bailiff is authorised to remove goods belonging to a defendant from their home or business for sale at public auction.
Warrant of Possession:
This gives court bailiffs the authority to take possession of a property and evict the defendant in cases, where an order for possession has been granted by a court.
Warrant of Restitution:
A remedy available following illegal re-entry of premises by persons evicted under a warrant of possession. The bailiff is authorised to evict all occupants found on the premises and re-deliver the premises to the plaintiff.
Winding up:
The voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors.
Witness:
A person who gives evidence in Court, called to give evidence because they witnesses an event (see also Expert witness).
Witness summons:
A document issued by a court which requires a person to give evidence in court or to produce a report or other documentation for the court.
Written evidence / statement:
A written statement of relevant facts which is submitted to the court.