Legal Glossary
The legal sphere is notorious for its jargon and complex terminology. That’s why we have made this legal glossary to explain some of the most common terms you may encounter when looking to start a claim.
For more information, you can get in touch with our dedicated team at any time via the contact information provided here:
- Call us on 020 3870 4868.
- You can also begin your claim online by completing this form.
- Or, open the live chat window on your screen now.
Glossary Of Legal Terms
This list by no means contains every legal term you could encounter while making a claim, although we have tried to be as thorough as possible. During the claims process, a solicitor from our expert panel will explain everything that is going on with your claim and help you break the legal language barrier.
Have a look through our glossary, and if you still have questions, an advisor is only a phone call away.
General Damages
General damages is one of the two heads of claim, also referred to as heads of loss, that personal injury compensation can be awarded under. This head of claim compensates for the physical and psychological harm caused by the accident.
Litigation
Litigation means the process of taking the claim to court.
Letter of Claim
A letter of claim is the formal notification of your intention to begin litigation against the third party. A letter claim should clearly set out what injuries were sustained and on what grounds you are making a claim and be addressed to whomsoever you are claiming against.
Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is an executive agency funded by the government that provides the victims of violent crimes a means of claiming compensation. If you see a page referring to making a “criminal injury claim” on our website, that type of claim is made through the CICA.
Fundamental Dishonesty
Where it is found that a claimant has misrepresented facts, exaggerated details of the claim or outright lied about what occurred, they are said to be fundamentally dishonest. If it is found that a claimant has been dishonest, then the court can strike out the claim, order the claimant to pay all of the defendant’s legal costs or refer the case to the Crown Prosecution Services (CPS) to charge them with contempt of court.
This is a serious matter that can be avoided by ensuring you have robust evidence for the claim you are making. A solicitor from our panel could support you with the collection of evidence so if you are looking to make a claim, get in touch with our advisory team now.
Contributory Negligence
This is where a claimant is deemed to have contributed to their injuries.
Conditional Fee Agreement (CFA)
A Conditional Fee Agreement (CFA) is a type of No Win No Fee contract brought in by The Conditional Fee Agreements Order 2013. By instructing a solicitor under this agreement, you are protected from any fees unless your claim succeeds.
The success that is taken by the solicitor after you win your claim is capped at 25% and does not include compensation for financial losses so the advantage is placed firmly with the claimant.
Judgment
A judgment is a final decision in a case, although the term “judgment” is also used to refer to the written summary of that decision. In civil claims, this is predominantly done by the judge themselves. In criminal trials, the decision is made by a jury.
No Win, No Fee Agreement
In the simplest possible terms, a No Win No Fee agreement means if your solicitor does not win the case, you do not pay them a fee. The No Win Fee contract our panel of solicitors work under is the Conditional Fee Agreement, but other contracts with different terms do exist.
Success Fee
A small fee taken by a solicitor as payment for their services in the event of a successful claim. How much a success fee will be depends on the type of contract between the claimant and their solicitor.
Motor Insurer’s Bureau (MIB)
The Motor Insurer’s Bureau (MIB) is an organisation that aims to eliminate uninsured driving. All insurers in the UK are required to be members and pay a fee to keep the organisation running. If you’re involved in a road traffic collision where the other vehicle is uninsured, stolen or fails to stop and is at fault for the incident, then your claim will be made through the MIB.
Limitation/Time Bar
The Limitation Act 1980 sets a general time limit of 3 years from the date of the accident. A claim is said to be “time barred” once this period elapses. What this means is that a claim cannot be made once the limitation period has passed.
Defendant
A defendant is the third party who you are making the claim against. For example, the defendant could be your employer, your healthcare provider or a business.
Fees
Fees refer to what a solicitor charges for their services. So, if you start your claim with a solicitor from our panel, a success fee will be taken from your compensation award.
Barrister
Barristers are lawyers who have completed the Bar Practice Course and are trained in advocacy. Barristers present legal cases in courts of law. In the UK, most barristers are self employed and work out of chambers.
Protective Proceedings
When a claim is nearing the end of the limitation period, a party can choose to issue protective proceedings. This effectively pauses the time limit and prevents the claim from being time barred.
Negligence
Negligence refers to a breach of duty that has caused harm. This applies to both personal injury, and medical negligence claims.
Settlement
The agreed compensation amount that brings the legal matter to a close.
Breach of Duty
Different parties owe duties of care depending on the circumstances. A failure to uphold this responsibility is said to be a breach of duty.
Solicitor’s Regulation Authority (SRA)
The SRA are the professional regulator for solicitors in England and Wales. They issue a Code of Conduct that all solicitors are expected to uphold during their practice.
Occupiers’ Liability
Under the Occupiers’ Liability Act 1957, the party in control of a public place must take steps to ensure the reasonable safety of all visitors to the premises. Think management of bars, restaurants and hotels, as well as public authorities such as local councils.
Witness
A witness is someone who saw what happened. Witness testimony is useful evidence no matter what type of claim is being made. Your solicitor will interview the relevant witnesses during the claim so you don’t need to worry about this. Just make sure you have up to date contact information for anyone you would like to call upon.
Interim Payments
Interim payments are advances on a compensation settlement that can be awarded in certain cases. Where the defendant has admitted liability and negotiations on a final compensation sum are ongoing, but the claimant is in need of financial support now, the court may decide to award interim payments.
Any interim payment is deducted from the final compensation sum.
Public Liability
Public liability refers to the legal responsibliltiy those in control of public spaces have to keep visitors to their premises safe. A public liability claim is made under the Occupiers’ Liability Act 1957.
Expert or Expert Witness
An expert, or expert witness, is a person with a significant level of knowledge in the relevant field to the claim. So for example, in a claim for an accident on a construction site, various structural engineers or heavy equipment mechanics could be called upon to determine whether safe practices were being used prior to the accident.
Liability
Liability refers to legal responsibility. A party found liable for an accident is deemed to be responsible for that accident occurring and any injuries that were caused.
Claimant
The claimant is the person making the claim against the third party. If you see us talking about claimants anywhere, we could very well be talking about you!
Admission of Liability
Where the defendant admits responsibility for the harm caused to the claimant.
Issue of Court Proceedings
This means issuing a claim form to the court once all other means of resolving the dispute have failed. The claim form will then need to be served to the defendant, informing them that the dispute is going to trial.
Duty of Care
A duty of care is a legally binding responsibility to keep certain people safe. So, your employer is required to take steps to keep you and your colleagues safe that are reasonable for the work you do.
Special Damages
Special damages is the second head of claim and is concerned with financial losses. This can mean both current and future losses so it is very often he case that special damages payments are much higher than general damages.
Compensation or Damages
Compensation is the awarding of money for the harm caused to the claimant by the accident if the claim succeeds. This can be for the physical injuries themselves, psychological distress, or financial losses resulting from those injuries. It is also the case that non-monetary compensation may be included in a settlement. An example of this would be a public apology.
Employers’ Liability
This refers to an employer’s responsibility for your injuries. In order to make your claim, you will need to prove that your employee breached their legal duty of care and caused the accident in which you were injured.
Solicitor
Solicitors are lawyers who have specific training and qualifications that permit them to carry out reserved legal activities. In the majority of personal injury cases it is a solicitor who will handle your claim, negotiate a settlement and instruct a barrister if the claim goes to court.
Counsel
“Counsel “ is used to refer to the individual conducting the case in court. This term is most commonly used to refer to barristers, but you may also see companies with an “in-house counsel” as their legal representative.
Senior barristers who have demonstrated considerable expertise in their fields are appointed King or Queen’s Counsel KC/QC, depending on the current monarch. An appointment to KC/QC is also known as “taking silk.”
Compensation Recovery Unit (CRU)
The CRU is part of the Department of Work and Pensions (DWP) that recovers benefits paid out for the same loss after compensation has been awarded. The aim is to help the claimant until their compensation is paid, and then recover the state’s money once the settlement has been received.
Statement of Evidence
The statement of evidence is a document provided by the claimant to their solicitor. In it, the claimant will set out the facts of the case, the injuries they have suffered and the impact this had on their life.
Litigation Friend
A litigation friend is an adult of sound mind who has been appointed by the court to make decisions about a claim on behalf of an injured person who is a minor or lacks sufficient mental capacity and is, therefore, unable to make those decisions for themselves.
Trial
There are many different types of trials. The one you are probably most familiar with is a criminal trial, where a jury hears arguments from prosecution and defence barristers and then hands down a guilty or not guilty verdict. A civil trial is where a judge decides a dispute between two or more parties. Most civil claims are resolved before trial.
Personal injury and medical claims are civil matters, and if they go to trial, they will not have a jury.
Causation
Causation refers to the cause and effect of something. In law, this means the chain of reasoning between what happened and what injuries were caused. So, for example, your employer didn’t inspect the company ladders for faults. You were instructed to use the ladder, fell due to the fault and broke your leg. In our example, there is a direct line between the employer failing to inspect and the employee breaking their leg.
Pre-Action Protocol
The Pre-action Protocol is the steps that must be taken during the claims process. There is a different pre-action protocol for personal injury claims, as well for clinical negligence.
While all these steps seem pretty daunting, a solicitor from our panel can support you throughout the claims process, and undertake a lot of these key tasks on your behalf. They will also ensure any court instructions and deadlines are complied with.
Need More Help?
We fully appreciate that this glossary contains a lot of information. For answers to any questions you may have, or to find out if you’re eligible to claim compensation, talk to our advisors today.
Our team are available 24/7 using any of the contacts provided here:
- Call us on 020 3870 4868.
- You can also begin your claim online by completing this form.
- Or, open the live chat window on your screen now.
Thank you for taking the time to read our legal glossary.
