Temporary suspension of the hearing of a case by order of the Court (maybe for a short period).
The postponing of the hearing of a case until a later date.
A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the court.
The Administrative Court is part of the High Court. It deals with applications for judicial review.
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.
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.
A barrister or solicitor representing a party in a hearing before a Court.
A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it
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
The process by which a judge assigns a defended civil case, to one of three case management tracks, the small claims track, the fast track or the multi-track.
A case (claim) is allocated to a case management track, when an allocation questionnaire has been returned completed by the people involved (parties) in the case. Reponses to the questionnaire provide a judge with information on case value and other matters, to assist him or her to allocate the case to the correct track
These are schemes such as arbitration and mediation which are designed to allow parties to find a resolution to their problem, without legal action. A party’s refusal to consider ADR could lead to sanctions (penalties) against that party, by a judge, even if the party wins the case
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
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
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.
A person appealing to a higher court or body against a decision made in a lower court or body
Person making the request or demand, e.g. person who issues an application
The act of applying to a civil court to ask it to do something, for example to start proceedings
To place or assign
Valuation of goods seized under warrant of execution prior to sale
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
A party to legal proceedings who is receiving legal aid
A tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure
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
Providing that a number of criteria are met, proceedings must be transferred automatically to the court nearest to the defendant’s home.
Result of an arbitration hearing or the amount of damages assessed by a Court
Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.
A bailiff can also serve (deliver) court documents on people
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
The collective term for Barristers
(see Counsel; Silk) A member of the bar: a lawyer entitled to represent clients in all the courts
A warrant issued by the judge for an absent defendant to be arrested and brought before a Court
(see Taxation of costs, Summary assessment and Detailed assessment.)
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
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
Premises or place from which business activities take place
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
The case is taken out of the court process (see Disposal).
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
Civil cases are allocated to one of three case management tracks, depending on financial value, issues of law and the likely duration (length) of the case. The three tracks are (i) the small claims track in which cases to the value of five thousand pounds can be considered and the claimant does not have to have legal representation (ii) the fast track for cases of value between five and fifteen thousand pounds and (iii) the multi- track for cases of value over fifteen thousand pounds. Legal representation is advisable in the fast and multi-tracks
A unique reference number allocated to each case by the issuing Court
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
A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat
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.
i) Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings
ii) Offices used by a barrister
The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.
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
A judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court.
Matters concerning private rights and not offences against the state
A civil dispute that involves court action. See claim
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
The rules and procedures to be followed for civil cases in the county courts and High Court
The rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts.
Proceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim
The person issuing the claim. Previously known as the Plaintiff
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
The law established, by precedent, from judicial decisions and established within a community
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
A person who makes a complaint
Expressing discontent for something
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.
see trial contents
Partial responsibility of a claimant for the injury in respect of which he/she claims damages
A person named as an adulterer (or third person) in a petition for divorce
Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases
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
A Barrister or solicitor in legal proceedings
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 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
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
Body with judicial powers (see also Courtroom)
i) civil and
ii) criminal divisions and hears appeals:
i) from decisions in the High Court and county courts and,
ii) against convictions or sentences passed by the Crown Court, (see also Public trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)
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
A person to whom money is owed by a debtor
The questioning of a witness for the other side in a case.