law glossary
Our law glossary explains 511 Latin and English legal terms in plain English, from actus reus to writ of control. It is written for law students in England and Wales, and the entries note where terms have changed, for example after the Civil Procedure Rules in 1999, the creation of the UK Supreme Court in 2009 and the move to King's Counsel in 2022.
Jump to: Latin legal terms · English legal terms
Latin legal terms
| Latin term | English translation | Meaning |
|---|---|---|
| Ab Initio | From the beginning | For example, a contract that is void ab initio is treated as never having existed |
| Actus Reus | Guilty act | The physical element of a crime: the conduct, circumstances and any consequences that make up the offence. It must usually be proved together with mens rea |
| Ad Colligenda Bona | To collect the goods | A temporary order for the Administration of an estate of a deceased person used when the estate is of a perishable nature |
| Ad Hoc | For this purpose | Ad Hoc decisions are made as and when a situation demands:- Ad Hoc committees are formed to address a particular issue - Ad Hoc meetings would take place to discuss specific matters |
| Ad Idem | Of the same mind | In agreement; for example, the parties are ad idem on this point |
| Ad Infinitum | Without limit | Describes an event apparently continuing without end |
| Ad Litem | For the suit | Denotes a temporary appointment which continues during legal proceedings ie Guardian Ad Litem |
| Amicus Curiae | A friend of the court | A neutral party who does not represent any individual party in the case who will be asked by the Court to make representations from an independent viewpoint |
| Ante | Before | An indication within text to refer to an earlier passage |
| Audi Alteram Partem | Hear the other side | A rule of natural justice: each party must have a fair chance to put their case |
| Bona Fide | In good faith | Genuine and honest, without intention to deceive; for example a bona fide purchaser |
| Bona Vacantia | Ownerless goods | Property with no owner, such as the estate of a person who dies without a will or known relatives, or the assets of a dissolved company, which passes to the Crown |
| Caveat | Beware/take care | An entry in the court records that effectively prevents action by another party without first notifying the party entering the Caveat |
| Caveat Emptor | Let the buyer beware | The buyer is responsible for checking goods or property before buying, subject to statutory protections for consumers |
| Certiorari | To be informed | Former name for the remedy quashing an unlawful decision of a public body. Now called a quashing order |
| Compos Mentis | Of sound mind | Having the mental capacity to manage one's affairs or conduct legal proceedings |
| Consensus ad Idem | Agreement on the same thing | The meeting of minds of the parties needed to form a contract |
| Contra Proferentem | Against the one bringing forward | A rule that an ambiguous term is interpreted against the party who drafted or relies on it |
| Coram (Cor) | In the presence of | Used in law reports to name the judges who heard a case, for example "coram Lord Denning MR" |
| De Bonis Non Administratis | Of goods not administered | A person appointed to administer an estate following the death of the original administrator |
| De Facto | In fact | "As a matter of fact" |
| De Jure | By right | As a matter of law, as opposed to de facto (in fact); for example a de jure government is the lawful government |
| Doli Incapax | Incapable of wrong | In England and Wales a child under 10 is conclusively presumed incapable of committing a crime. The presumption that children aged 10 to 13 were doli incapax was abolished by the Crime and Disorder Act 1998 |
| Duces Tecum | Bring with you | Order to produce document to court |
| Ejusdem Generis | Of the same kind | A rule of statutory interpretation: general words that follow specific words are limited to things of the same kind |
| Erratum | An error | A mistake in a printed or published text; a list of corrections is called errata |
| Exempli Gratia (e.g.) | For example | Used to introduce an example |
| Ex Gratia | As a matter of favour | An Ex Gratia payment would be awarded without the acceptance of any liability or blame |
| Ex Officio | By virtue of his office | A magistrate sitting with a judge at the Crown Court would appear ex officio in a case where no judicial function is to be exercised by the magistrate eg case committed to Crown Court for sentence only |
| Ex Parte | By a party | An application made by one party without notice to the other. In civil proceedings it is now called a "without notice" application |
| Ex Post Facto | By a subsequent act | Something that occurs after the event but having a retrospective effect |
| Expressio Unius Est Exclusio Alterius | To express one thing excludes another | A rule of interpretation: listing particular things implies that others are excluded |
| Ex Turpi Causa Non Oritur Actio | No action arises from a disgraceful cause | The illegality defence: a claimant may be barred from relying on their own illegal conduct (see Patel v Mirza [2016] UKSC 42) |
| Forum Conveniens | The convenient forum | The most appropriate court or country to hear a case, considered when deciding questions of jurisdiction (compare forum non conveniens) |
| Functus Officio | Having performed the office | A person or body whose authority has ended because their task is complete; for example a court that has given final judgment cannot normally reopen the decision |
| Habeas Corpus | Produce the body | A writ which directs a person to produce someone held in custody before the court |
| Ibid | In the same place | Used in text to refer to a page previously mentioned |
| Id Est | That is to say | Used as a description to explain a statement |
| Ignorantia Juris non excusat | Ignorance of the law is no excuse | If committing an offence a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law |
| In Camera | In the chamber | A hearing held in private, without the public or press. Now usually described as a hearing "in private" |
| In Curia | In open court | The hearing of a case before a court sitting in public |
| In Personam | Against the person | Proceedings issued against or with reference to a specific person - an admiralty action in personam would be issued against the owner of a ship |
| In Re | In the matter of | A heading in legal documents which introduces the title of the proceedings |
| In Rem | Against the matter | Proceedings issued or directed against property as opposed to a specific person - an admiralty action in rem would be issued against the ship itself |
| In Situ | In its original place | In position; for example, evidence left in situ |
| Inter Alia | Among other things | Indicates that the details given are only an extract from the whole |
| Intra | Within | Used in references to mean within or inside, for example within a statute or document |
| Intra Vires | Within the powers | An act within the legal powers of the person or body doing it, such as a public authority or company. See Ultra Vires |
| Ipso Facto | By the fact itself | As a direct result of a particular fact; for example, a contract that is ipso facto void |
| Locus in Quo | The place in which | The place where something happened, such as the scene of an accident |
| Locus Standi | A place to stand | Standing: the right to bring a claim, for example a sufficient interest in a judicial review |
| Mandamus | We command | Former name for the remedy ordering a public body to perform a duty. Now called a mandatory order |
| Mens Rea | Guilty mind | The mental element of a crime, such as intention, recklessness or knowledge, which must usually be proved together with the actus reus |
| Mutatis Mutandis | The Necessary changes being made | Denotes that instructions should not be followed verbatim but by amending where necessary |
| Nemo Dat Quod Non Habet | No one gives what they do not have | A seller cannot pass a better title to goods than they have, subject to statutory exceptions |
| Nemo Judex in Causa Sua | No one should be a judge in their own cause | A rule of natural justice against bias |
| Non Compos Mentis | Not of sound mind | Lacking the mental capacity to manage one's affairs or conduct legal proceedings |
| Nota Bene (NB) | Note well | An abbreviation denoting that the reader of an article should make a particular note of the article mentioned. |
| Novus Actus Interveniens | A new intervening act | An event that breaks the chain of causation between a defendant's act and the harm |
| Nulla Bona | No goods | A return by an enforcement officer stating that the debtor has no goods of value to take control of (formerly a sheriff's return to a writ of fieri facias) |
| Obiter Dictum | A saying by the way | A remark by a judge on a point of law that is not necessary for the decision. Obiter dicta (plural) are persuasive but not binding (compare ratio decidendi) |
| Pari Passu | With equal step | On an equal footing, for example creditors who share equally in an insolvency |
| Per | Through, by | Used to attribute a statement to a judge, for example "per Lord Atkin" |
| Per Capita | By heads | eg the cost is £50 per capita - £50 each person |
| Per Pro (pp) | On behalf of | Used when signing a document on behalf of another person |
| Per Se | By itself | Denoting that the topic should be taken alone |
| Post | After | An indication to refer to something to be found further on |
| Prima Facie | First sight | Prima Facie evidence would be considered sufficient to prove a case unless disproved - if no Prima Facie evidence can be offered there is no case to answer |
| Pro Forma | A matter of form | Pro Forma procedure is performed subject to and following an agreed manner |
| Pro Rata | In proportion | Dividends distributed on a Pro Rata basis would be according to the amount of investment |
| Pro Tempore (Pro Tem) | For the time being | Temporarily |
| Quantum Meruit | As much as it is worth | A claim for a reasonable sum for work done where no price was agreed or a contract has failed |
| Quasi | As if | Any person exercising powers similar to those of a judge would be sitting in a Quasi-Judicial capacity |
| Ratio Decidendi | The reason for the decision | The principle of law on which a court's decision is based. It is the binding part of a precedent (compare obiter dictum) |
| Res Ipsa Loquitur | The thing speaks for itself | Where an accident would not normally happen without negligence and the thing that caused it was under the defendant's control, the court may infer negligence without the claimant proving exactly what went wrong |
| Res Judicata | A matter already judged | Once a case has been finally decided, the same parties cannot litigate the same issue again |
| Restitutio in Integrum | Restoration to the original position | Putting the parties back in the position they were in before the contract, for example on rescission |
| Semble | It seems | Used in law reports to introduce a statement of the law that the court appears to accept but has not firmly decided |
| Sine Die | Without a day | A hearing adjourned sine die stands open indefinitely without a further hearing having been allocated |
| Stare Decisis | To stand by decided matters | The doctrine of precedent: courts follow the decisions of higher courts |
| Sub Judice | Under a judge | A matter currently before a court. Publishing material that creates a substantial risk of serious prejudice to active proceedings can be contempt of court |
| Subpoena ad Testificandum | Under penalty, to testify | An order requiring a person to attend court and give evidence. In civil proceedings it has been replaced by the witness summons |
| Ultra Vires | Beyond the powers | An act outside the legal powers of the person or body doing it, such as a public authority acting beyond its statutory powers. Such acts can be challenged by judicial review |
| Videlicet (Viz) | Namely | Used in text to introduce a list or explanation |
| Volenti Non Fit Injuria | To a willing person no injury is done | The defence of consent: a claimant who voluntarily accepted a risk cannot claim for the harm |
English legal terms
| English legal term | Meaning |
|---|---|
| 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. |
| 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). See LATIN TERMS |
| Adjournment | The postponing of the hearing of a case until a later date. |
| 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. |
| 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. |
| Administrative Court | The Administrative Court is part of the High Court. It deals with applications for judicial review. |
| Admiralty Court | Part of the High Court. An admiralty claim is a claim for the arrest of a ship at sea to satisfy a debt. |
| Admission (including part admissions) | A party involved in a claim may admit the truth of all or part of the other party’s case, at any stage during proceedings. For example, a defendant may agree that he or she owes some money, but less than the amount being claimed. If the defendant makes an admission, the claimant may apply for judgment, on the admission. |
| 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 someone who is not their spouse. Before April 2022 it was one of the facts used to prove that a marriage had broken down. Under no-fault divorce a statement of irretrievable breakdown is enough |
| Adversarial | Arrangements designed to bring out the truth of a matter, through adversarial (conflict based) techniques such as cross-examination. |
| 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. 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 claim to one of four case management tracks: the small claims track, the fast track, the intermediate track or the multi-track |
| Allocation questionnaire | Former name for the form parties complete so that the court can allocate a defended claim to a track. Since April 2013 it has been called a directions questionnaire |
| Alternative dispute resolution | Ways of resolving disputes without a trial, such as mediation, arbitration and negotiation. Courts encourage ADR and, since Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416, can order parties to take part in it. Unreasonably refusing ADR can lead to costs penalties |
| Amendment | The process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, (once served). The court may reject the amendment, even if the party concerned has permission of other parties to the case. |
| Amount offered in satisfaction | An amount of money offered by a defendant to pay a debt or to settle another type of claim, for example in a personal injury case. |
| Ancillary relief | Former name for financial claims made on divorce, dissolution or nullity, such as maintenance, lump sums and property adjustment. Now called financial remedies |
| 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. |
| Apportioning | To place or assign. |
| Appraisement or appraisal | Valuation of goods taken into control under a writ or warrant of control (formerly execution) before they are sold |
| 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. |
| Assisted person (legally) | A party to legal proceedings who is receiving legal aid. |
| Assured tenancy | A residential tenancy under the Housing Act 1988 under which the tenant has security of tenure |
| Attachment of earnings order | An order that instructs an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed. |
| Automatic transfer | Providing that a number of criteria are met, proceedings must be transferred automatically to the court nearest to the defendant’s home. |
| 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 | Common name for enforcement agents, who are authorised to take control of and sell goods to pay a debt. County Court bailiffs also serve documents and carry out evictions |
| 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 |
| Bench warrant | A warrant issued by the judge for an absent defendant to be arrested and brought before a Court |
| Bill of costs | A detailed statement of the legal costs a party claims. See 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 | An order requiring a person to keep the peace or be of good behaviour for a set period. The person agrees to forfeit a sum of money (a recognisance) if they break it |
| 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 |
| 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 |
| Bulk Centre | See County Court Business Centre |
| Business address | Premises or place from which business activities take place |
| 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 | Defended civil claims are allocated to one of four tracks, depending on their value, complexity and likely length: the small claims track (generally up to £10,000), the fast track (up to £25,000), the intermediate track (up to £100,000, added in October 2023) and the multi-track. Legal representation is advisable outside the small claims track |
| Case number | A unique reference number allocated to each case by the issuing Court |
| Case value | The financial value of a case - known as case value - is one of the factors used to asses which track a case (claim) should be allocated to. See also case management 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 know 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 |
| Centralised Attachment of Earnings Payments (CAPS) | A computer system that manages attachments of earnings orders in bulk. |
| Certificate of Legal Aid Costs | A certificate of the costs allowed following assessment by a judge or costs officer (previously called an allocatur) |
| Certificate of service | A document stating the date and manner in which the parties were served (given) a document. For example where a claim form is served by the claimant court rule requires the claimant to file a certificate of service within seven days of service of the claim form otherwise he may not obtain judgment in default. |
| 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 hea ii) Offices used by a barrister |
| Chancellor of the High Court | The judge who heads the Chancery Division of the High Court (formerly the Vice Chancellor) |
| 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 |
| Citizens Advice (formerly Citizens Advice Bureau) | A charity network offering free, confidential advice on legal, money, housing and other problems |
| Civil | Matters concerning private rights and not offences against the state |
| Civil case or claim | A civil dispute that involves court action. See claim |
| 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 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 |
| Civil Procedure | The rules and procedures to be followed for civil cases in the county courts and High Court |
| Civil Procedure Rules | The rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts. |
| Claim | Proceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim |
| Claimant | The person issuing the claim. Previously known as the Plaintiff |
| Claim form | Proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought |
| Claim Production Centre (CPC) | Part of the County Court Business Centre that issues claims in bulk for claimants such as businesses and local authorities |
| 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 |
| Collaboration / collaborative | Working together to solve a problem |
| Commercial Court | Part of the King's Bench Division of the High Court and of the Business and Property Courts, dealing with complex commercial disputes |
| 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 |
| Complainant | A person who makes a complaint |
| Complaint | Expressing discontent for something |
| Concurrent Sentence | A direction by a Court that a number of sentences of imprisonment should run at the same time |
| Concurrent Writ | Under the rules in force before April 1999, a duplicate of the original writ bearing the same date and expiring 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 |
| Conditional order | The first order in divorce or dissolution proceedings, confirming that the marriage or civil partnership can be ended (formerly decree nisi) |
| Conduct Money | Money paid to a witness when a witness summons is served, to cover reasonable travel to and from court and compensation for loss 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. |
| Contents of trial (civil) | see trial contents |
| Contributory Negligence | Partial responsibility of a claimant for the injury in respect of which he/she claims damages |
| Co-respondent | A person named in a divorce petition as having committed adultery with the respondent. Under no-fault divorce, introduced in April 2022, co-respondents are no longer named |
| Corroboration | Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases |
| Costs (civil) | In civil proceedings the general rule is the person who wins the case is entitled to his or her costs. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. The award of costs is at the court’s discretion |
| Counsel | A barrister (or other advocate) acting for a party in court 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 | County courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000. There are 218 county courts in England and Wales. The county court is a court of the first instance – where civil cases start |
| County Court Business Centre (CCBC) | A centralised County Court office in Northampton that issues bulk claims and handles Money Claim Online claims |
| 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 |
| Court | Body with judicial powers (see also Courtroom) |
| Court fees | The County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court |
| Court of Appeal | The court divided into a Civil Division, which hears appeals from the High Court, the County Court and some tribunals, and a Criminal Division, which hears appeals against convictions and sentences in the Crown Court |
| Court of Protection | A specialist court that makes decisions under the Mental Capacity Act 2005 about the property, finances, health and welfare of people who lack mental capacity |
| Courtroom | The room in which cases are heard |
| Court sanction | See sanction |
| 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 |
| Cross-examination | The questioning of a witness for the other side in a case. |
| Crown Court | The court that tries serious criminal cases before a judge and jury, sentences defendants sent from magistrates' courts and hears appeals against decisions of magistrates' courts |
| Damages | An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract |
| Date of service (civil claims) | The date of service of the claim is the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. If the ‘particulars of claim’ section is completed or the particulars of claim are attached, the defendant must acknowledge receipt within 14 days |
| Debtor | A person who owes money to someone or to an organisation |
| Debt recovery after judgment | See Enforcement |
| Declaration | Court order setting out the rights of a party in the form of a statement |
| Decree | An order of the court, particularly in family proceedings. In divorce, decrees nisi and absolute were replaced in April 2022 by conditional and final orders |
| Decree Absolute | Former name for the final order that ends a marriage. Since 6 April 2022 it is called a final order |
| Decree Nisi | Former name for the first order in divorce proceedings, stating that the marriage can be ended. Since 6 April 2022 it is called a conditional order |
| 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. |
| Defence or defending a claim (civil) | When the defendant disputes the claim made by the claimant |
| 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 |
| 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) | When a court makes a costs order it may make a detailed assessment of costs, usually at the conclusion of proceedings. A costs officer would carry out the assessment. See also Summary assessment. |
| 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 |
| Determination (criminal) | Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable |
| Devisee | A person to whom land is left by will |
| Directions (civil) | Case management instructions given by the judge which give a time-table for pre-trial procedures. In cases allocated to the small claims track the judge will usually give standard directions, in cases allocate to the multi-track, there may be several hearings on directions |
| Directions questionnaire | A form each party completes in a defended civil claim so that the court can allocate the claim to a track and give directions (formerly the allocation questionnaire) |
| 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 |
| 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 |
| Discovery of documents | Former name, before the Civil Procedure Rules 1998, for disclosure. See Disclosure |
| Dismissal | To make order or decision that a claim be ceased |
| Disposal | See Case disposal |
| 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 |
| 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 | The legal ending of a marriage by court order (a final order, formerly called a decree absolute). Nullity, which declares a marriage void or voidable, is a separate procedure |
| Dock | Enclosure in criminal Court for the defendant on trial |
| Either-way Offence | An offence that can be tried either in a magistrates' court or in the Crown Court. If the magistrates accept the case, the defendant can still choose (elect) trial by jury in the Crown Court |
| 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 |
| Enforcement / enforcing a judgment | When a judgment/order has not been paid or terms obeyed with, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendant’s property for sale |
| Entering judgment on admission | The claimant can ask the court to enter judgment on admission when the defendant has admitted all or part of the case and offered payment or other restitution |
| 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 |
| Evidence | Documentary or other material which is used to support a person’s case in a court of law |
| 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 |
| Fast Track | The track for defended claims worth more than £10,000 and up to £25,000 that can be tried in one day |
| Fees and costs | see Court fees |
| Fiat | A decree or command |
| Fieri-Facias (FI-FA) | A High Court writ ordering enforcement against a debtor's goods. Since April 2014 it has been replaced by the writ of control, enforced by High Court Enforcement Officers |
| 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 |
| Final order | The order that legally ends a marriage or civil partnership (formerly decree absolute) |
| Financial remedy | An order dealing with finances on divorce, dissolution or nullity, such as maintenance, a lump sum, property adjustment or pension sharing (formerly ancillary relief) |
| 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 |
| Garnishee | Former name for the procedure that lets a creditor obtain money owed to the debtor by a third party, such as money in a bank account. Replaced in 2002 by the third party debt order |
| Group Litigation Orders | A Group Litigation Order can be made in a claim in which there are multiple parties or claimants. The order will provide for the case management of claims which give rise to common or related issues of fact or law |
| 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 and manage the interests of a child or a person who lacks capacity. See Litigation friend |
| Hearing | A hearing is the trial of the case. Hearings are usually held in public |
| High Court | The senior civil court below the Court of Appeal, with three divisions: the King's Bench Division (including contract, personal injury, defamation and judicial review in the Administrative Court), the Chancery Division (business, property, trusts, insolvency and probate disputes) and the Family Division |
| High Court Enforcement Officers | An enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders |
| High Court Judge | see Judge and High Court |
| Home court (civil) | The court nearest to the defendant’s home or place of business |
| Housing claim | The procedure that a landlord may use in a county court to recover land or property (and money for arrears of rent or damage to property, if applicable). See also Possession Claim Online (PCOL) |
| Impartial | Not having or showing any favouritism to one side in a dispute |
| Independent | Person or organisation not connected to any of the parties in a dispute or legal case |
| Indictable Offence | An offence that can be tried in the Crown Court. Indictable only offences, such as murder, manslaughter and robbery, can only be tried there; either-way offences may be tried there or in a magistrates' court |
| Infant | Old term for a minor (a person under 18). In civil proceedings a minor is called a child and acts through a litigation friend |
| 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. |
| Insolvency | see Bankrupt |
| Inspection of Documents | (see Disclosure 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 |
| Interim order | An order made during proceedings which is not a final order |
| Interlocutory | Former term for applications and orders made before final judgment. Now usually called interim. See Interim order |
| Intermediate track | Since October 2023, the track for defended claims worth more than £25,000 and up to £100,000 that can be tried in three days or less, with limited expert evidence |
| Interpleader | A procedure for deciding who owns goods or money claimed by two or more people, for example where a third party claims goods taken into control by an enforcement agent |
| Intestate | Without leaving a will |
| Issue / issuing | To initiate legal proceedings in pursuit of a claim |
| Judge | An officer appointed to administer the law and who has authority to hear and try cases in a court of law |
| Judgment | The decision or sentence issued by a court in legal proceedings |
| Judgment on liability | See Default judgment |
| Judgment set aside | A judgment or order can be set aside (made void) at the request of a party to the case in certain circumstances, for example if they were too ill to attend court on the day of the judgment |
| Judicial directions | See directions |
| Judicial discretion (civil) | Judges have the power to decide how best to manage the case on the individual facts. They do not necessarily have to look at how similar cases are managed. The judge has very wide case management powers under Rule 3 of the civil procedure rules to decide on the evidence parties produce how best to manage their case |
| Judicial/Judiciary | i) Relating to the Administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge |
| 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 | (see Counsel; Silk) 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 |
| Juror | (see Jury) A person who has been summoned by a Court to be a member of the jury |
| Jury | Body of jurors sworn to reach a verdict according to the evidence in a Court |
| 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 |
| Juvenile | A young person under 18 in the criminal justice system. Their cases are usually heard in the youth court |
| King's Bench Division | A division of the High Court (called the Queen's Bench Division until September 2022). It hears civil claims such as contract and personal injury claims and defamation, and includes the Administrative Court |
| King's Counsel (KC) | Senior barristers and solicitor advocates appointed in recognition of excellence in advocacy. Known as Queen's Counsel (QC) until September 2022. Often called "silks" |
| Landlord | A person or organisation which owns land and / or buildings which are leased to tenants |
| Landlord and Tenant Act | Act which empowers applications (seeking extension of a lease or some other action concerning tenancy |
| 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 | Judges of the House of Lords (Lords of Appeal in Ordinary), formerly the UK's highest court. Since 1 October 2009 their role has been taken by the Justices of the Supreme Court of the United Kingdom |
| 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. |
| Lease | The letting of land or tenements, e.g. rent etc, for property for a prescribed period |
| 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 advice | Advice about the law and your options from a qualified legal representative or advice centre |
| Legal Aid / Public Funding | State funded legal help for people who meet the financial and merits tests, administered by the Legal Aid Agency. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 fewer types of civil case are covered |
| Legal counsel | See Counsel, Barrister, Solicitor |
| Legal Personal Representative | The person to whom a grant of probate or letters of ADMINISTRATION has been issued |
| Legal representation | See Counsel, Barrister, Solicitor |
| 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 | Taking control of a debtor's goods under a writ or warrant of control, with a view to selling them to pay the debt. See Writ of control |
| Liability | Responsibility or obligation. For example, a debt is a liability or responsibility. |
| Libel | A defamatory statement in permanent form, such as writing, print or an online post, that harms a person's reputation. Under the Defamation Act 2013 the claimant must show serious harm to their reputation |
| Licence | Permission to carry out an act that would otherwise be considered illegal |
| Lien | A legal right to withhold the goods/property of another until payment is made |
| Listing Questionnaire | Former name for the pre-trial checklist, which parties complete in fast track and multi-track claims to confirm they are ready for trial |
| 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 protected party (a person who lacks capacity to conduct proceedings) |
| Lodging | The process of filing (delivering) documents to a court. See also filing |
| 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 | Government minister, also Secretary of State for Justice, responsible for the courts, prisons and the justice system. Since the Constitutional Reform Act 2005 the Lord Chief Justice, not the Lord Chancellor, is head of the judiciary of England and Wales |
| Lord Chief Justice | Head of the judiciary of England and Wales and President of the Courts of England and Wales. The Lord Chief Justice also heads the Criminal Division of the Court of Appeal |
| Lord Justice of Appeal | Title given to certain judges sitting in the Court of Appeal |
| Magistrates' Court | Where almost all criminal cases start. Magistrates (justices of the peace) or District Judges (Magistrates' Courts) try summary and many either-way offences and send more serious cases to the Crown Court. Magistrates' courts also deal with some civil and family matters |
| Maintenance Pending Suit | A temporary order for financial provision during divorce proceedings, lasting until the final order is made |
| Maladministration | Maladministration is administration that leads to injustice because of such factors as excessive delay, bias or arbitrary decision-making. |
| Master | (see Registrar) Judicial officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before trial |
| Master of the Rolls | Senior judge of the Court of Appeal (Civil Division) |
| Matter | (see Originating Application) Proceedings commenced by way of originating application |
| 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 under 18. In civil proceedings a child usually acts through a litigation friend |
| 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 |
| Money Claim Online (MCOL) | An online Service that allows claimants to start legal proceedings which relate to money. Defendants can use the service to respond to a claim against them also |
| Mortgage | A loan of money advanced to purchase property. The transfer of the property is withheld as security for payment |
| Mortgagee | The party that advances the loan |
| Mortgagor | The party obtaining the loan |
| Motion | An application to the court for an order. In civil proceedings the term has largely been replaced by "application" |
| Multi Track | The track for defended claims that are not suitable for the small claims, fast or intermediate tracks, generally those worth more than £100,000 or of greater complexity |
| Next Friend | Former name for a litigation friend, who conducts proceedings on behalf of a child or a protected party |
| Non-Molestation | An order within an injunction to prevent one person physically attacking another |
| Non-Suit | Former term for the dismissal of a claim where the claimant fails to show that there is a case for the defendant to answer |
| Northampton Bulk Centre | Former name for the County Court Business Centre (CCBC) in Northampton, which issues bulk claims for businesses and handles Money Claim Online claims |
| 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 |
| Notice to Quit | Gives prior notice, when served in possession proceedings, of termination of a tenancy |
| 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 |
| Oath | To call upon God to witness that what you say at the hearing is the truth or binding. (see affirmation) |
| Objection | Disagreement with an argument or set out by another at the hearing |
| 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 |
| Official Solicitor | An official who acts in court proceedings for children and people who lack capacity when there is no one else suitable to act for them. The office is combined with that of the Public Trustee |
| 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 |
| Order | A direction by a Court |
| Originating Application | (see MATTER) 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 |
| Part admission | See admission |
| Part 8 Claim | An alternative procedure for issuing a claim to the court |
| 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 and Party | Costs that one party must pay to another |
| Party / parties | People involved in court proceedings either as the defendant(s) or claimant(s) |
| Patient | Former term for a person unable to manage their own affairs because of mental incapacity. In civil proceedings such a person is now called a protected party and acts through a litigation friend |
| Penal Notice | Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment |
| Permission | See leave |
| Personal Application | Application made to the Court without legal representation |
| Personal injury claim | A civil claim, which relates to physical or mental harm suffered by a claimant, due to the defendant’s alleged negligence |
| Personal Service | Personal delivery (i.e. not by mail) of a claim, summons or notice |
| Personal Support Unit (PSU) | Former name of Support Through Court. See Support Through Court |
| Petition | A document that starts certain proceedings, such as a petition to wind up a company. Divorce proceedings were started by petition until April 2022; they now start with an application |
| Petitioner | A person who presents a petition. In divorce, the person applying is now called the applicant |
| Plaintiff | Former name, until April 1999, for the person who brings a civil claim. See Claimant |
| Plaint Note | see NOTICE OF ISSUE |
| Plaint Number | Old-fashioned term for Claim Number |
| Plea | A defendant's reply to a charge put to him by a court; i.e. guilty or not guilty |
| Pleading | Former term for the documents setting out each party's case. Under the Civil Procedure Rules they are called statements of case |
| Possession Claim Online (PCOL) | An online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also |
| 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 |
| Practice Directions | These are steps to be followed by parties to a dispute prior to legal action. The aim of the to increase co-operation between parties and therefore the chances of an early settlement |
| Pre-action protocols | These are steps to be followed by parties to a dispute prior to legal action. The aim is to increase co-operation between parties and therefore the chances of an early settlement |
| 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 |
| President of the Family Division | Senior judge and head of the family Division of the High Court of Justice |
| Pre-trial checklist | A pre-trial checklist is completed before the trial. The checklist is for the parties and the Judge, as a reminder of the issues to be considered. The checklist will then be reviewed at a pre-trial review just before the final hearing. |
| Pre-trial Review | A meeting at which the Judge considers the issues before the timetable for the trial /final hearing date is finalised |
| Probate | The legal recognition of the validity of a will |
| Process | The document commencing a claim or subsequent action |
| Prosecution | The institution or conduct of criminal proceedings against a person |
| Prosecutor | Person who prosecutes (see PROSECUTION) |
| Protected party | A party who lacks capacity to conduct proceedings and so acts through a litigation friend |
| Public trustee | An official appointed under the Public Trustee Act 1906 who acts as executor, administrator or trustee of last resort where no one else is willing and suitable to act. The office is combined with that of the Official Solicitor |
| 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 |
| Putative Father | The alleged father of a child, where paternity is disputed or has not been legally established |
| QC | Queen's Counsel, the title used until September 2022. See King's Counsel |
| Quantum | In a damages claim the amount to be determined by the court |
| Quash | To annul; i.e. to declare no longer valid |
| 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. |
| Queen's Bench Division | Former name of the King's Bench Division of the High Court, renamed in September 2022. See King's Bench Division |
| Queen's Counsel | The title of senior barristers and solicitor advocates appointed as counsel to the Crown during the reign of Queen Elizabeth II. Since September 2022 they have been King's Counsel (KC). See King's Counsel |
| Re-allocation | Transferring the case from one allocated track to another. This can happen if the value of the case increases |
| Receiver | A person appointed to manage property or a business, for example by a court or a lender. Before the Mental Capacity Act 2005, the Court of Protection appointed receivers for people who lacked capacity; they are now called deputies |
| 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 | A barrister or solicitor appointed to sit as a part time judge, usually in the Crown Court or County Court. Many go on to become full time judges |
| Redetermination (civil) | If the defendant or claimant objects to the rate of repayment set by a court officer, the judge will decide on the matter. See Determination. |
| Redetermination (criminal) | An application by a solicitor or counsel for amounts assessed by determination to be reconsidered |
| Register of judgments, orders and fines | A public register containing details of county court and High Court judgments, fines enforced by magistrates' courts and county court administration orders |
| Registrar | (see DISTRICT JUDGE) Registrars and deputy registrars were renamed DISTRICT Judges and Deputy DISTRICT Judges respectively in the Courts and Legal Services Act 1990 |
| Registry Trust Limited (RTL) | The company contracted to the Ministry of Justice to maintain the Register of Judgments Orders and Fines. You can find out if an individual or a company at a particular address has unsatisfied (unpaid) court judgments against them by searching the Register of Judgments, Orders and Fines. There is a small fee for this. You can get further information about searching the Register from: Registry Trust Ltd, 73-75 Cleveland Street, London, WT 6QR |
| 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 |
| Representation | See Legal representation |
| Respondent (Civil & Crime) | The defending party (person) in an appeal or in a petition to the courts. See also Appellant |
| Respondent (Family) | The person on whom a divorce application or other family application is served |
| Response pack | A response pack is sent to the defendant in a civil claim with the claim form or with the particulars of claim (if they were served separately). The pack contains all the forms needed to reply to the claim |
| 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 |
| 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 | Legal protection allowing a tenant to stay in a property, so that the landlord can end the tenancy only on grounds set out in law and with a court order |
| Senior Courts | The Court of Appeal, the High Court and the Crown Court of England and Wales (formerly the Supreme Court of Judicature) |
| Service | Delivery by post, or in person, of the claim form, or other court documents |
| Set aside judgment | See judgment set aside |
| Settlement | A voluntarily agreement by the claimant and defendant to settle their civil case. |
| Sheriff | Historically the Crown officer who enforced High Court writs in England and Wales. Since 2004 this work has been carried out by High Court Enforcement Officers |
| Silk | A King's Counsel (KC), so called after the silk gown they wear. Before September 2022, a Queen's Counsel (QC) |
| 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 |
| Small Claims Track | The track for defended claims worth up to £10,000, with lower limits for personal injury claims (generally £1,000 for pain and suffering, or £5,000 for most road traffic injury claims) and for housing disrepair claims. Hearings are informal and legal costs are limited |
| 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 |
| Specified amounts of money | A specific and easily calculable amount of money, such as a debt owed to a claimant |
| Specified Claim | A type of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated claim |
| Squatter | A person occupying land or property without the owners consent |
| Squatting | The occupation of land or property without the owner’s consent |
| Standard directions | See directions |
| 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 |
| Striking a case out (striking out) | The court can strike out a case (prevent all further proceedings) if a party fails to comply with a rule, practice direction or court order. It can also happen if it appears there are no reasonable grounds for bringing or defending a claim. Either party (the defendant or the claimant) can ask the court to strike a case out |
| Subpoena | An order requiring a person to attend court to give evidence or produce documents. In civil proceedings it was replaced in 1999 by the witness summons |
| Suit | Legal proceedings; an action or claim. The word survives in "lawsuit" |
| 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 | (see INDICTABLE, EITHER WAY 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 |
| Summons | Order to appear or to produce evidence to a court |
| Summons (Jury) | Order to attend for jury service |
| Summons (Witness) | Order to appear as a witness at a hearing |
| Support Through Court | A charity, formerly the Personal Support Unit, giving free practical and emotional support (not legal advice) to people facing court without a lawyer |
| Supreme Court of Judicature | Former collective name for the Court of Appeal, High Court and Crown Court of England and Wales. Renamed the Senior Courts of England and Wales in October 2009, to avoid confusion with the new UK Supreme Court |
| Supreme Court (UK) | The highest court in the United Kingdom for civil cases, and for criminal cases from England, Wales and Northern Ireland. It replaced the Appellate Committee of the House of Lords in October 2009 |
| 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 |
| Taxation of Costs | Former name for the court's assessment of a party's legal costs. Costs are now assessed by summary assessment or detailed assessment |
| Technology and Construction Court | A specialist court dealing with construction, engineering and technology disputes. It is part of the King's Bench Division and of the Business and Property Courts |
| Telephone hearing | Hearings which can be conducted by telephone unless otherwise ordered are: · all allocation hearings · listing hearings · case management hearings · and interim applications. They are under an hour. Any other application, requires the consent of all the parties and the agreement of the court |
| Tenant | A person which holds land or property under a lease |
| Testator | 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 |
| Third party debt order | An order issued by a Claimant, against a third party, to seize money or other assets in their keeping, but belonging to the debtor. Orders can be granted preventing a defendant from withdrawing money from their bank or building society account. The money is paid to the claimant from the account. A third party debt order can also be sent to anyone who owes the defendant money |
| Tipstaff | An officer of the Senior Courts responsible for enforcing High Court orders for arrest and for the return of children |
| Tort | An action in tort is a claim for damages to compensate the claimant for harm suffered. Such claims arise from cases of personal injury, breach of contract and damage to personal reputation. As well as damages, remedies include an injunction to prevent harm occurring again |
| Track allocation | The court's decision to allocate a defended claim to the small claims, fast, intermediate or multi-track. See Case management tracks and Directions questionnaire |
| Trial | A public hearing in which the evidence in a case, and the law which applies, are examined |
| 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 (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 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) |
| Undertaking | A promise, which can be enforced by law, made by a party (person) or their legal representative during legal proceedings |
| Unspecified amount of money | An unspecified amount of money is one which is not precise. For example, if you are claiming damages (compensation) for loss or injury, you might not be able to work out exactly what those damages are |
| Unspecified Claim | A claim where the amount to be awarded is left to the Court to determine, e.g. damages to be assessed for personal injuries. Previously known as an unliquidated claim |
| 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 |
| Verdict | The finding of guilty or not guilty by a jury |
| 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 | Former title of the judge who heads the Chancery Division of the High Court. Since 2005 the title has been Chancellor of the High Court |
| Voluntary | Something is voluntary when it is entered into without compulsion, as a result of the free choice of the person(s) concerned |
| Walking Possession | Former name for an agreement under which a debtor keeps goods that have been taken into control, on condition that they are not removed or sold. Since April 2014 it is called a controlled goods agreement |
| 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 |
| Wardship | High Court action making a minor a ward of court |
| 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 control | A County Court warrant authorising an enforcement agent to take control of and sell a debtor's goods (formerly a warrant of execution) |
| 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 | Former County Court warrant authorising the seizure and sale of a debtor's goods. Since April 2014 it has been replaced by the warrant of control |
| 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 after people evicted under a warrant of possession unlawfully re-enter the property. Bailiffs are authorised to evict the occupants again and return the property to the claimant |
| Will | A declaration of a person's intentions to distribute his/her estate and assets |
| Winding up | The voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors |
| Without notice application | An application made to the court without telling the other party first (formerly ex parte) |
| 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 |
| Writ of control | A High Court writ authorising an enforcement officer to take control of and sell a debtor's goods (formerly a writ of fieri facias) |
| Writ of Summons | The document that started most High Court actions before April 1999. Replaced by the claim form under the Civil Procedure Rules |
| Written evidence / statement | A written statement of relevant facts which is submitted to the court. |
| Youth court | A type of magistrates' court that deals with most cases involving young people aged 10 to 17 |
Looking for more? Our law lectures, law notes and Law Library explain these terms in context.
Frequently asked questions
What does actus reus mean?
Actus reus means "guilty act". It is the physical element of a crime, which together with the mental element (mens rea) must usually be proved.
What is the difference between ratio decidendi and obiter dictum?
The ratio decidendi is the legal principle on which a decision is based and is binding on lower courts. Obiter dicta are other remarks made by the judge, which can be persuasive but are not binding.
Are QCs now called KCs?
Yes. Since the accession of King Charles III in September 2022, Queen's Counsel (QC) have been known as King's Counsel (KC).
Is "plaintiff" still used in England and Wales?
No. Since the Civil Procedure Rules came into force in April 1999, the person bringing a civil claim is called the claimant.
