Glossary of Terms

On this page we have explained some of the common legal terms or phrases used when dealing with personal injury claims in the UK.

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

X

Y

Z

A
	Act A piece of legislation, an Act of Parliament. Award Another term used to describe compensation.
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B
	Barrister A specialist legal adviser who advises on the strengths and weaknesses of a case. Also has specialist training and qualifications (advocacy skills) to argue cases in court. Breach An act of violating or failing to adhere to an obligation.
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C
	Civil Procedure Rules (CPR) These are rules stating the way in which court cases should be conducted in England and Wales. The Civil Procedure Rules were introduced in 1999 and replace Rules of the Supreme Court 1965 (RSC) and the County Court Rules 1981 (CCR). Claim Proceedings issued in the County Court or High Court. Previously know as ‘Action’. Claimant The person or company who issues a Claim against a Defendant. Claim Form An official court document used to issue a Claim. Previously used to be known as a Summons. Common Law Law established as precedence by judges after a trial in higher courts or by custom or tradition over many years. Compensation A sum of money to make up for or make amends for loss, hardship, inconvenience or injury caused by another. Conditional Fee Agreement (CFA) A funding agreement between a solicitor and their client, more commonly referred to as “No Win No Fee”. Contributory Negligence Partial contribution to the blame of an accident or injury caused. Costs Refers to legal fees and disbursements. Counsel Another term used to describe a barrister. County Court A civil Court dealing with all monetary claims up to £15,000. Many County Courts have extra powers which enable them to deal with divorce and other family proceedings, bankruptcy actions, matters relating to children and cases involving ships and boats known as admiralty actions.
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D
	Damages Another term used to describe compensation. Defendant The person or company a claim has been issued against. Disbursements Fees paid on your behalf by your solicitor. These generally include costs for obtaining reports, court fees and travelling expenses. They do not include a solicitors basic charges. Duty of Care The minimum legal standard that requires an individual or organisation to ensure that all reasonable steps are taken so that others are not at risk as a result of their actions or activities.
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E
	Evidence Proof of the material facts in a case. Can be in the form of an object, a document including imagery or the opinion of an expert. Also see Expert Witness. Expert Witness A person who is normally employed and has relevant expertise or qualifications to give evidence on a subject for example, a Chiropodist.
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F
	Fast Track The name given to the procedure for handling claims with a value between £5,001 and £15,000. Allocation to this procedure also depends on the complexity of the claim.
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G
	General Damages The part of the compensation award for the injuries and consequences suffered by a claimant.
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H
	High Court A civil Court consisting of divisions; I) Queen's Bench - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander; II) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship; III) Chancery - property matters including fraud and bankruptcy
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I
	Interim Payment A payment made in respect of the damages prior to the settlement of a claim.
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L
	Lawyer A universal term to describe a solicitor or barrister. Law Society The association which regulates all Solicitors in England and Wales. Legal Expenses Cover Insurance cover to pay for legal expenses. Normally purchased or provided with a household or motor insurance policy. Cover is also sometimes provided with some credit cards, mortgages or Trade Union membership. Liability A term used to describe ‘blame’. Limitation The time limit allowed in which to issue proceedings against a defendant. In personal injury cases this is usually 3 years from the date of the accident. However, there is an exception to this rule under certain circumstances. Click here to read more on our FAQs page. Litigation Friend An adult, normally a parent or guardian who issues or defends a claim on behalf of a Minor or a patient (as defined under the Mental Health Act 1983).
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M
	Medical Report A report prepared by a specialist Doctor which details the injuries someone has sustained, how it has affected them together with a prognosis on their recovery. This report is used to decide the amount of compensation that should be awarded. Under the Pre-Action Protocol, a medical report of the claimant must be attached when issuing a claim. Minor A person under the age of 18 years old. Motor Insurers Bureau (MIB) The MIB is an organisation who settles road traffic accident claims on behalf uninsured or untraced drivers. Multi Track The name of the procedure for handling claim with a value of anything more than £15,000. Allocation to this procedure also depends on the complexity of the claim.
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N
	Negligence The failure of exercising the care that an ordinarily prudent person would exercise under the same circumstances. Non-pecuniary losses See Special Damages. No Win No Fee See Conditional Fee Agreement.
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P
	Part 36 Offer A rule which allows a defendant to offer a sum of compensation in an attempt to settle a case. This is done with a view to saving costs on a case, pursuant to Part 36 of the Civil Procedure Rules. If the offer is not accepted and the court fails of award more than the offer made by a defendant, the claimant will have to pay the full legal costs of his own and opposing side solicitors. If the offer is accepted, the claimant will not have to pay for the legal costs for either side. Particulars of Claim A part on a Claim Form or as a separate document that accompanies a Claim Form that provides full details relevant to the claim. Pecuniary losses See General Damages. Pre-Action Protocol A process under the Civil Procedure Rules requiring parties to communicate and share information in a certain manner before a claim is issued. Precedent The decision of a case which establishes principles of law on a legal point or question. The case acts as an authority in future cases of a similar nature. Proceedings Another term used to describe a claim.
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Q
	Quantum The amount of compensation to be determined by the court.
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S
	Small Claims The name given to the procedure for handling claims in a County Court with a value of up to £5,000. Solicitor A practitioner who is qualified, trained and has the knowledge to offer legal advice and other legal services in a range of areas in accordance with law. Special Damages The part of the compensation award for quantifiable losses for example, loss of earning, damage to vehicle and prescription/medical costs. Statutory Duty A requirement imposed by an Act of Parliament. For example, Section 41 of the Highways Act 1980 imposes a statutory duty on the Highway Authorities to maintain the highway. Summons An Order to appear or to produce evidence to a court. Also was the previous name used for a Claim Form.
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T
	Third Party Insurers The term used to refer to a defendants insurance company. Tort A civil wrong committed against a person whether intentional or accidental and injures that person. Total Loss The condition of a motor vehicle or other property when the costs to repair the damage would exceed the value of the vehicle or property.
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W
	Without Prejudice Negotiations conducted by the parties without admitting liability with a view to settlement of a claim. Any document headed “without prejudice” may only be revealed to the court in limited circumstances. Witness A person who gives evidence in Court. See Expert Witness.
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