Jargon Buster Civil Law Category - P-R

Part 8 Claim

An alternative procedure for issuing a claim to the court

Part admission

See admission

Particulars of claim

This document contains details of the claimant’s claim which must be contained in the claim form or served shortly after the claim form has been served. The particulars should be a concise statement of the facts of the claim

Party / parties

People involved in court proceedings either as the defendant(s) or claimant(s)

Party and Party

Costs that one party must pay to another

Penal Notice

Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment

Permission

See leave

Personal Application

Application made to the Court without legal representation

Personal injury claim

A civil claim, which relates to physical or mental harm suffered by a claimant, due to the defendant’s alleged negligence

Personal Service

Personal delivery (i.e. not by mail) of a claim, summons or notice

Pleading

Documents setting out claim/defence of parties involved in civil proceedings

Possession Claim Online (PCOL)

An online Service which allows claimants to start legal proceedings related to property online. Defendants can use the service to respond to a claim against them also

Possession Proceedings

Legal proceedings by a landlord to recover land or property such as a house or flat.

Power of Arrest

An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order

Practice Directions

These are steps to be followed by parties to a dispute prior to legal action. The aim of the to increase co-operation between parties and therefore the chances of an early settlement

Pre-action protocols

These are steps to be followed by parties to a dispute prior to legal action. The aim is to increase co-operation between parties and therefore the chances of an early settlement

Precedent

The decision of a case which established principles of law that act as an authority for future cases of a similar nature

Preliminary hearing

A hearing in which the Judge ensures that the parties understand what they must do to comply with any directions and offers guidance on such matters as the use of an expert witness. This hearing is before the final hearing

Pre-trial checklist

A pre-trial checklist is completed before the trial. The checklist is for the parties and the Judge, as a reminder of the issues to be considered. The checklist will then be reviewed at a pre-trial review just before the final hearing.

Pre-trial Review

A meeting at which the Judge considers the issues before the timetable for the trial /final hearing date is finalised

QC

See Queen's Counsel

Quash

To annul; i.e. to declare no longer valid

Quasi-judicial functions

A quasi-judicial function is an executive function that involves the exercise of discretion (judgment). Court staff perform quasi-judicial executive functions such as managing the issuing of claims, serving court documents and deciding what would be reasonable for the defendant to pay – for example, see determination.

Quantum

In a damages claim the amount to be determined by the court

Queens Bench Division

A division of the High Court. The QBD has jurisdiction (reasonability for) civil disputes involving the recovery of money, including breach of contract; personal injuries; libel and slander

Queen's Counsel

Barristers of at least ten years standing may apply to become queen's counsel. QCs undertake work of an important nature and are referred to as 'silks' which is derived from the Courts gown that is worn. Will be known as king's counsel if a king assumes the throne

Re-allocation

Transferring the case from one allocated track to another. This can happen if the value of the case increases

Redetermintaion (civil)

If the defendant or claimant objects to the rate of repayment set by a court officer, the judge will decide on the matter. See Determination.

Response pack

A response pack is sent to the defendant in a civil claim with the claim form or with the particulars of claim (if they were served separately). The pack contains all the forms needed to reply to the claim

Restitution

Where a defendant who has been evicted by a bailiff illegally re-enters the property the claimant must issue a warrant of restitution with the court in order to regain possession

Right of Audience

Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings