A comprehensive guide to the most common legal terms you’ll encounter across our website.
£85 million in compensation
Check Out Our Handy Legal Glossary
A comprehensive guide to the most common legal terms you’ll encounter across our website.
CS: 3% – HC – LO/JFLaw/GL/002 – Legal Glossary
Plan: https://docs.google.com/document/d/1RikgM0Un98uFBwnRBb2Yl2fkl12zmZVitv5-5wQ9fQU/edit?usp=sharing
The legal realm can appear to be full of complex terminology and excessive jargon. As you’re reading through our guides, we’d be very surprised if every term made complete sense to you. To help break down that litigation language barrier, we’ve created this legal glossary to explain some of the most common terms you’ll encounter.
Of course, we can’t cover everything here, but we hope this is helpful to you. To get in touch with an advisor for a free eligibility consultation, use the contact details provided here:
- Call the team on 0151 375 9916.
- Or, contact us online by completing our callback form.
Admission Of Liability
When a defendant admits they were responsible for the accident. They may make this admission either straight away or at a later stage in the claims process.
Public Liability
Another way of referring to the occupiers’ duty of care. A public liability claim can be made if injuries are sustained due to the occupier not taking steps to ensure their premises are reasonably safe for use.
Limitation Period
Also known as a time limit, the limitation period is how long you have to begin your claim under the Limitation Act 1980. In most personal injury claims, it is 3 years from the date of the accident.
There are circumstances where exceptions may apply, and other types of claims can have different limitation periods. Our advisors can provide additional guidance on the correct time limit for your particular claim.
Time Bar
A time bar is the expiry of the time limit to start legal action. If a claim has not been started within the relevant limitation period, and no exceptions apply, then the claim is said to be “time-barred” and compensation can no longer be sought.
Litigation Friend
In cases where the injured person cannot make a compensation claim for themselves, such as if they’re under 18 or lack sufficient mental capacity, the court may appoint a suitable adult as their litigation friend. Often, a parent or solicitor fills the role.
A litigation friend has the power to make decisions on behalf of the injured person and must act in their best interests. They will also attend court in the individual’s stead if the claim reaches that stage.
Litigation
This is quite simply the process of taking a claim to court.
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After The Event Insurance
Also known as ATE insurance, this is a policy that is put in place to cover the legal costs in any type of claim. Solicitors will purchase a policy on their client’s behalf after discussing what coverage is best for the given circumstances.
The name comes from these policies being purchased “after the event,” meaning they’re put in place after the accident but before any significant cost has been incurred.
Solicitor
Solicitors are trained legal professionals whose qualifications enable them to carry out certain reserved legal activities. These include the conduct of litigation, probate, and tasks relating to land registration. If you make a personal injury claim with a solicitor, they will handle the majority of your case.
No Win No Fee Agreement
No Win No Fee agreements are a type of contract a solicitor can offer claimants. They ensure claimants do not pay a solicitor’s fee upfront, during the process, or if a claim fails.
Conditional Fee Agreement (CFA)
A Conditional Fee Agreement (CFA) is a specific type of No Win No Fee contract that was brought in by The Conditional Fee Agreements Order 2013. The defining feature of a CFA is that the success fee is deducted from the compensation that is paid out, a percentage subject to a binding cap of 25%. This is the contract we can offer eligible claimants.
Solicitor’s Regulation Authority (SRA)
The Solicitor’s Regulation Authority (SRA) is the professional regulator for all law firms in England and Wales. They set the Code of Conduct that all solicitors must adhere to when providing legal services. Moreover, they have disciplinary powers to take action against solicitors who fail to meet expected standards.
Barrister
A barrister is a specialist lawyer who is trained specifically in advocacy. If your claim ends up going to court, your solicitor will instruct a barrister to represent you before the judge. Most barristers are either self-employed and work out of chambers or are employed by the Crown Prosecution Service (CPS). However, some barristers are hired exclusively by companies to be their in-house legal representatives.
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Counsel
There are 3 main uses of the term “counsel” in the English and Welsh legal system. These are:
- A colloquial term: Usually a barrister who presents a case in court, but not always.
- An in-house counsel: a barrister hired by a company to be their legal representative exclusively.
- A King’s Counsel (KC) or Queen’s Counsel (QC): a senior barrister who has demonstrated considerable knowledge and experience in their field of practice. Being appointed as a KC/QC is informally referred to as “taking silk.”
Compensation Recovery Unit (CRU)
A division of the Department of Work and Pensions (DWP), the role of the Compensation Recovery Unit (CRU) is to recover benefits paid to a successful claimant.
Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is a government-funded executive agency that was established to give the victims of crimes of violence a means of seeking compensation if other claim options are not possible. Compensation in successful criminal injury claims is awarded as per the fixed tariff from the Criminal Injuries Compensation Scheme 2012.
Success Fee
If a claimant instructs a solicitor under the terms of a CFA, they will pay a percentage of their compensation to as their success fee. The law caps the percentage at 25%.
Occupiers’ Liability
Occupiers’ liability refers to the duty of care owed by the party in control of a public space to take steps to ensure the reasonable safety of any visitors to their premises. This duty of care is established by the Occupiers’ Liability Act 1957.
Motor Insurer’s Bureau (MIB)
The Motor Insurer’s Bureau (MIB) is a non-profit organisation that every insurer in the UK is required to be a member of. They aim to eliminate uninsured driving. You can claim compensation through the MIB if a driver is uninsured or untraceable is responsible for an accident that was not your fault.
Duty Of Care
The legal obligation that a party has to ensure the safety of others. How an organisation or individual fulfils that duty of care varies by the type of claim, such as personal injury or medical negligence.
Breach Of Duty
A breach of duty means the action or inaction of a person or organisation has violated that legal obligation to ensure another’s safety.
Causation
Sometimes referred to as the “but-for test,” causation is the chain of reasoning that explains how the actions of a third party caused someone to become injured. The question that solicitors and judges need to ask is, “But for X, would Y have taken place?” As an example, if your employer had carried out the necessary repairs on the warehouse lift, would the load have still fallen and broken your leg?
Negligence
Negligence occurs when a failure to take action results in some form of harm. For the purposes of making a claim for personal injury compensation, negligence is defined as a breach of duty that has caused injury.
Employer’s Liability
An employer’s liability is established by the Health and Safety at Work etc Act 1974. The law requires that reasonable steps be taken to ensure the safety of all employees. If a failure to meet this duty of care results in an injury, an accident at work claim can be made.
Protective Proceedings
Issuing court proceedings protectively is done when a claim is nearing the end of its limitation period in order to prevent a time bar.
Claimant
The person suing the defendant for damages. When we discuss claimants on our website, we could very well be talking about you!
Defendant
The person or organisation the claim is being made against.
Compensation or Damages
This refers to the money that the defendant pays to the claimant for their injuries. There are two different heads of claim for which compensation can be awarded: General damages and special damages.
General Damages
Compensation for injuries is awarded under general damages. In order to determine a potential damages figure, your solicitor can refer to your medical evidence alongside the Judicial College Guidelines (JCG). This publication contains guideline award figures for a huge range of injuries, compiled from the payouts awarded in English and Welsh courts.
Special Damages
Special damages are awarded for financial losses. As this head of claim accounts for both past and future losses, awards for special damages are often substantially higher than general damages.
Interim Payments
If it seems likely that a claim will be successful, interim payments can be made if the claimant has incurred costs that mean they cannot wait for the final payment. This could include something like a mortgage payment being due.
Any interim payments are deducted from the final payout figure.
Settlement
A settlement is the final compensation amount that is agreed upon by all parties. Once a settlement has been accepted, the process is brought to a close.
Contributory Negligence
This is when the injured party is said to have contributed to their injuries in some manner. An example of this would be if a speeding car rear-ended your vehicle at a set of traffic lights, but you were not wearing your seatbelt. While you had nothing to do with the accident, you made your injuries worse by not wearing your seatbelt.
Split Liability
Where someone is said to have contributed to the accident. Split liability most commonly applies to road traffic collisions where two or more road users are not using the roads safely. For instance, two vehicles were reversing out of parking bays, but both failed to use their mirrors and drove into one another.
Pre-Action Protocols
The Pre-Action Protocols are the steps that all claims must follow during their respective process. It is important to note that there are specific protocols for various types of claims, such as medical negligence and personal injury cases, which follow different steps.
We fully appreciate just how daunting these steps can seem. However, if you are eligible to claim, one of our solicitors can complete many of these tasks for you and support you with the others. You can check your eligibility to claim for free by getting in touch with our advisors.
Letter Of Claim
The letter of claim is the formal opening of the dispute sent by the claimant to the defendant, informing them that a claim is being made. The letter should stipulate a summary of the facts, on what grounds the claim is being made, and what damages are being sought.
Witness
Witnesses are persons who saw an incident occur and are called upon to provide a statement of what happened. The solicitor will interview witnesses in order to get a written account and use these statements as evidence.
Expert Or Expert Witness
An expert, or expert witness, is an individual with a high level of case-specific knowledge who is called upon to provide a professional opinion of what happened.
As an example, in a case of housing disrepair, a structural engineer could be asked to examine the issues with the building and say how they should have been dealt with.
Issue Of Court Proceedings
An issue of court proceedings occurs when a matter cannot be resolved outside of the courts. The claim form is completed by the claimant’s solicitor and submitted to the court. The form is then served to the defendant as an official issuing of court proceedings.
Statement Of Evidence
A written summary of the facts of the dispute that is submitted to the judge. This statement informs the judge of what evidence a given party will be brought for consideration before the court.
Trial
Trials occur when a dispute is heard in a court of law. Most claims do not make it this far since court proceedings are both lengthy and expensive. Given that, it’s in everyone’s best interest to resolve matters before it gets to this stage.
Solicitors for both parties will instruct a barrister to represent their case before the judge. After hearing all the evidence, the judge reaches a decision (for a civil trial) before the matter is resolved.
It is important to note that there are different types of trials. Medical negligence, personal injury, and data breaches are deemed civil matters, where a judge makes the decision. In criminal trials, juries decide whether a defendant is guilty or not guilty.
Judgement
A judgment is the final decision in a court case. However, the term can also refer to the written judgment, the summary of the court proceedings, and what decision was made. In civil matters such as personal injury, judges are predominantly responsible for making decisions. For criminal trials, juries make the judgement.
Get Help From JF Law
There is no way around the fact that we have just thrown an awful lot of information at you, and we are in no way expecting it all to make perfect sense. As we said at the beginning of this guide, legal jargon is sometimes confusing and complicated.
If you have questions about making a claim or are looking for a free eligibility assessment, please get in touch with our dedicated advisors using the contact information given below.
Contact Our Solicitors
- Call the team on 0151 375 9916.
- Contact us online by completing our callback form.
Thank you for taking the time to read this legal glossary. Use the contact details above to find out more about making a claim in your particular circumstances.
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