The legal sphere is laden with tricky terms and complicated jargon. While we do our best on our site to keep things as simple as we can, you’ll encounter a whole range of these terms when reading our guides. As you may not be familiar with them, we’ve put together this handy legal glossary to help you bust some jargon.
If any questions crop up, or you’d like to learn more about making a claim in your circumstances, then we operate a 24/7 advisor service that you can connect with at a time that suits you.
Use any of the contact information provided here to talk to a member of our team:
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Legal Glossary
This legal glossary does not contain every term that could possibly crop up when looking to make a claim or once the case has gotten underway. Nevertheless, we’ve tried to be as thorough as possible and give you an overview of some of the most common terms you may encounter during the claims process.
If you would like further advice or to get a free eligibility assessment, get in touch with our team today using the details given at the end.
Admission Of Liability
An admission of liability is where the defendant accepts responsibility for what occurred. This acknowledgement may happen straight away, or at a later stage during the claim. Defendants may also admit partial liability, accepting responsibility for certain occurrences while disputing others.
After The Event Insurance
After the Event (ATE) insurance is a policy that covers the legal costs that may arise during a claim. A solicitor will discuss what level of coverage you may need and then find a policy that works for you.
The term refers to how this insurance policy is put in place ‘after the event,’ essentially following an accident but prior to any significant expenses.
Barrister
A barrister is a type of specialist lawyer who has been trained in advocacy (addressing a court of law). If a claim goes to trial, it is most commonly a barrister who will present that case before the judge. The majority of barristers are self-employed and work out of chambers. There are 2 types of barristers who are not:
- Crown Prosecution Service: CPS barristers are employed directly by the government to act as prosecutors in criminal cases.
- In-house counsels: Refers to barristers who work exclusively for a company as their “in-house” counsel.
Breach Of Duty
A breach of duty is where a person or organisation has failed to uphold their legal responsibility for the safety of others. This breach may occur because of a third party’s action or inaction.
Causation
The chain of reasoning that explains how the actions of the defendant caused another to suffer injury or harm. You’ll sometimes see this referred to as the ‘but for test.’ Legal professionals examine a situation and ask, ‘But for X, would Y have occurred?’
For instance, if you had received proper manual handling training at work, would you have attempted to lift a load that should have been carried by 2 people and torn a ligament in your shoulder?
Claimant
Claimants are the party that is suing a defendant for damages. So, if you decide to pursue compensation, you will be referred to as a claimant.
Compensation Or Damages
There are 2 different heads of claim under which compensation may be paid out: General and special damages.
Compensation Recovery Unit (CRU)
The Compensation Recovery Unit (CRU) is a body of the Department of Work and Pensions that is responsible for recovering benefits from claimants who have won compensation.
Conditional Fee Agreement (CFA)
A type of No Win No Fee contract that our solicitors can offer their services under. A key feature of a CFA is that there are no upfront or ongoing solicitor fees during a claim.
No solicitor fees are paid when a claim fails, but a success fee is charged for the work performed on a case if it wins. It is taken as a percentage of a claimant’s compensation and is capped at 25%. These contracts were first brought in under The Conditional Fee Agreements Order 2013.
Contributory Negligence
This term refers to a claimant who has contributed to their injuries in some manner. A straightforward example to illustrate this concept is not wearing a seatbelt. So, say you were using a forklift to unload a delivery truck and a lack of maintenance work caused a brake failure.
You aren’t responsible for the accident, but because you aren’t using a seatbelt or other restraining system, you are more seriously injured than you would have been.
Counsel
Under English and Welsh law, ‘counsel’ may refer to:
- A person who argues a case in court. It is often applied to a barrister, but not in every instance.
- An in-house counsel hired by a company to be its legal representative.
- Senior barristers who are appointed by the current monarch to be a King’s or Queen’s Counsels (KC/QC). This reflects excellence in their area of practice and highlights the substantial knowledge and experience they possess. The appointment to KC/QC is sometimes known as ‘taking silk’ in reference to the black gowns that are worn.
Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is an executive agency sponsored by the Ministry of Justice that was set up to give the victims of violent crimes a means of claiming compensation. In criminal injury cases, compensation is awarded according to a tariff set by the Criminal Injuries Compensation Scheme 2012.
Defendant
A defendant is the individual or organisation against whom the claim is made.
Duty Of Care
A duty of care is a legally binding obligation that a third party has to keep others safe. How this duty is approached varies depending on the type of claim, such as those involving public liability or road traffic accidents.
Employer’s Liability Insurance
Employer’s liability insurance is a legal requirement for most employers. This insurance will cover the cost of compensation if an employee is injured in a workplace accident and makes a claim.
Expert Witness
An expert witness is any individual with a high level of knowledge in the field the claim is about. Experts can be called upon by both claimants and defendants to provide a professional opinion on what occurred.
Fundamental Dishonesty
Where a claimant withholds information, misrepresents the facts, or makes outright falsehoods about what happened during the claim. If proven, the court may strike out the claim, and the claimant will be liable for any costs the defendant has incurred.
The claimant can also be referred to the Crown Prosecution Service on a charge of contempt of court. While this is a very serious matter, it can be avoided. Your solicitor will help you collect a strong body of evidence and make sure that whatever you are claiming can be proven.
General Damages
General damages are the first of 2 heads of claim that compensation may be awarded under. This head compensates an individual for the physical and psychological harm they have suffered.
Solicitors can look at your medical evidence alongside the guidelines from the Judicial College (JCG) to calculate the potential value of this part of a claim. The JCG is a publication that compiles suggested compensation brackets for various injuries.
Injury
An injury is the harm that has been caused to the claimant. In medical negligence cases, this is referred to as ‘harm.’ For data breach cases, it’s ‘non-material damage,’ but they all mean the same thing.
Interim Payments
Interim payments can be awarded in cases where a claimant has costs that mean they need some of their compensation paid out early before a claim is settled. These payments can happen in circumstances where compensation seems likely, or a defendant admits liability.
Say, for example, you’d been out of work for some weeks because you’d broken your leg. Your rent or mortgage is due, but you can’t pay as you haven’t been earning. An interim payment could be made to help you cover this cost. Any payment will be subtracted from your compensation.
Issue of Court Proceedings
Where a claim cannot be resolved through negotiation, it is heard in a court of law. The claimant’s solicitor will complete a claim form and submit it to the court. That form is served to the defendant as an official issuing of court proceedings.
Judgement
A Judgement can refer to either:
- The final decision of a court case.
- A written summary of what happened in the court and what decision was made.
In civil cases, there isn’t a jury most of the time, so the decision is made by the judges themselves. Juries are, however, usually present for criminal cases heard in Crown Courts.
Letter Of Claim
This letter is sent as a formal notification to a defendant that a claim is being opened against them. The letter should set out the grounds on which the claim is being made, a summary of the facts, and what compensation is being sought.
Limitation Period
A limitation period or time limit is the length of time you have to start a claim. It is typically 3 years from the date of the incident as per the Limitation Act 1980.
Different limitation periods can apply in certain cases and there are some exceptions to the standard 3-year time limit. You can speak to an advisor about the time limit in your specific circumstances.
Litigation
Possibly the simplest definition on our list. Litigation is the process of a claim being taken to court.
Litigation Friend
If a person cannot seek compensation by themselves, such as if they’re a minor or lack sufficient mental capacity, then a litigation friend can be appointed to claim on their behalf. The role can be filled by any suitable adult, typically a loved one or solicitor.
Loss Of Amenity
A loss of amenity refers to how your injuries have affected your quality of life. For instance, you may no longer be able to partake in sports, help your children, attend social gatherings, or enjoy your hobbies. Claiming for a loss of amenity attempts to put a financial value on this impact.
Motor Insurer’s Bureau (MIB)
The Motor Insurer’s Bureau (MIB) is a non-profit organisation that all car insurers in the UK must be a member of. It’s funded by premiums paid by insured motorists. You can claim through the MIB if you are involved in a road traffic accident caused by a driver who is uninsured or cannot be traced (such as a hit-and-run incident).
Negligence
Negligence is when the inaction of an individual or organisation has caused some form of harm. When it comes to making a personal injury claim, you’ll need to show that a breach in the duty of care caused you to experience injuries.
No Win, No Fee Agreement
In No Win No Fee agreements, the solicitor only takes a fee for their work if they win the claim for the client. Our solicitors offer their services to eligible claimants under a specific type of No Win No Fee contract called a Conditional Fee Agreement.
Occupiers’ Liability
Under the Occupiers’ Liability Act 1957, those in control of public spaces must take steps to ensure the reasonable safety of any visitors.
Pre-Action Protocols
The Pre-Action Protocols are the steps that must be followed during the claims process. There are different protocols for each type of claim and it’s important that the correct protocol is followed.
These steps can seem a little technical and intimidating. If you choose to claim using one of our solicitors, they can do a lot of this work for you and provide continued support through the others. Get your free eligibility check today by talking to one of our advisors.
Protective Proceedings
When a claim is approaching the end of the limitation period, court proceedings may be issued protectively in order to prevent a time bar.
Public Liability
A public liability claim could be started if you can show you were injured because an occupier did not take steps to ensure the reasonable safety of visitors. This is often interchangeable with occupiers’ liability.
Settlement
The compensation award that is agreed upon by all parties to the dispute. Once a settlement has been accepted, then the matter is considered resolved.
Solicitor
Legal professionals who have specific qualifications and training that allow them to conduct certain reserved legal activities. These activities include wills and probate, litigation, and land registration. If you start a personal injury, medical negligence, data breach, or wrongful death claim, a solicitor will be handling the case in most instances.
Solicitors Regulation Authority (SRA)
This organisation is the professional regulator for all law firms in England and Wales. The Solicitors Regulation Authority set a code of conduct all solicitors are expected to uphold and has the power to take disciplinary actions against those who do not meet the professional standards expected of them.
Special Damages
Financial losses in personal injury and medical negligence claims are compensated under special damages. As this head of claim may take into account both past and future losses, payouts can be higher than any compensation for the injuries themselves.
Split Liability
If an individual contributed to an accident, then they may be able to claim on the basis of split liability. This is most commonly seen in road traffic accident cases. For instance, a pair of vehicles might collide while merging because they both failed to pay attention to their surroundings.
In split liability claims, compensation is reduced by the degree to which a person is deemed to be responsible for the accident. So, if the driver in the above scenario is found to be 25% at fault, then compensation will be reduced by 25%.
Statement Of Evidence
The statement of evidence is a written summary of the facts of the dispute. It is submitted to the judge so they know what evidence will be presented for consideration by each party.
Success Fee
A success fee is paid to the solicitor for their services if a claim is won. The exact amount that comes out of a claimant’s compensation will vary depending on the particular agreement signed between the solicitor and their client. However, the percentage charged is capped at 25%.
Time Bar
A time bar occurs when a claim has reached the end of its limitation period, and the claimant is now barred from pursuing compensation.
Trial
A trial happens when a case is heard in a court. It is important to note that the majority of claims do not end up going to trial, as most are settled out of court. Given that they can be lengthy and potentially costly, it suits all parties involved to settle outside of court if at all possible.
For a civil matter, the solicitors for the parties will instruct barristers to present the case before a judge (typically in the County Courts) and then a ruling will be given. For criminal trials in the Crown Courts, the jury will usually decide the verdict.
Witness
Persons who saw the incident take place could provide a witness statement. You can provide a solicitor with their contact details so that they can collect accounts of what happened to use as part of your evidence.
Wrongful Death
A wrongful death, or an avoidable death, is when someone dies as a result of another’s negligence. This can apply to both personal injury and medical negligence cases.
The deceased’s estate or a qualifying dependant may be able to make a fatal accident claim. You can find out more by talking to our advisory team today.
Speak To Legal Expert’s No Win No Fee Solicitors
If you would like to speak with one of our expert No Win No Fee solicitors, and we definitely recommend that you do, get in touch with our advisors for a free eligibility consultation today.
While we hope you’ve found this page useful, we fully appreciate that we’ve given you an enormous amount of information, and you no doubt have questions.
Contact Our Solicitors
For further guidance on the claims process or to get a free eligibility assessment, contact our team today using the details provided below:
- Call an advisor on 0800 073 8804.
- Contact us by completing a contact form.
- Use the live chat window on your screen now.
Thank you for taking the time to read our legal glossary.
