Home > Glossary of Legal Terms

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To find a particular LEGAL TERM, click on one of the following letters: A | B | C | D | E | F | G | H | I | J | L | M | N | O | P | Q | R | S | T | U | V | W To find a particular LATIN TERM, click on one of the following letters: A | B | C | D | E | F | H | I | L | M | N | O | P | Q | R | S | U | V
LEGAL TERMS
A
ACCUSED	The person charged. The person who has allegedly committed the offence
ACKNOWLEDGEMENT OF SERVICE	Form of reply to, or confirmation of, service of process
ACQUITTAL	Discharge of defendant following verdict or direction of not guilty
ACT	Law, as an act of parliament
ACTION	see CLAIM
ADJOURNED GENERALLY OR SINE DIE	Temporary suspension of the hearing of a case by order of the Court (maybe for a short period, eg to next day or sine die). See LATIN LINES
ADJUDICATION	Judgment or decision of a Court or tribunal
ADMINISTRATION ORDER	An order by a County Court directing a debtor to pay a specified monthly instalment 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
ADMIRALTY ACTIONS	see HIGH COURT
ADOPTION	An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage
ADULTERY	Voluntary sexual intercourse between a married person and another person who is not the spouse, while the marriage is still valid. This is a common fact relied on for divorce
ADVOCATE	A barrister or solicitor representing a party in a hearing before a Court
AFFIDAVIT	(see STATEMENT) A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it
AFFIRMATION	Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath, that the evidence he/she is giving is the truth
ALLOCATION QUESTIONNAIRE	Issued to all parties after a defence has been filed. This form details all the evidence to be used as well as the required domestic arrangements for the trial
ALTERNATIVE DISPUTE RESOLUTION	An alternative method by which parties can resolve their dispute - could be arbitration
ANCILLARY RELIEF	Additional claims (eg in respect of maintenance) attached to the petition for divorce/judicial separation/nullity
ANNUL	To declare no longer valid
APPEAL	Application to a higher Court or authority for review of a decision of a lower Court or authority
APPELLANT	Person who appeals
APPLICANT	Person making the request or demand, eg person who issues an application
APPLICATION	The act of applying to a Court
APPRAISEMENT OR APPRAISAL	Valuation of goods seized under warrant of execution prior to sale
ASSISTED PERSON (LEGALLY)	A party to legal proceedings who is receiving legal aid
ATTACHMENT OF EARNINGS	An order that directs an employer of a debtor to deduct regularly an amount, fixed by the Court, from the debtor's earnings and pay that sum into Court
AWARD	Result of an arbitration hearing or the amount of damages assessed by a Court
B
BAIL	Release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions
BAILIFF	Officer of the County Court empowered to serve Court documents and execute warrants
BANKRUPT	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
BAR	The collective term for barristers
BARRISTER	(see COUNSEL; SILK) A member of the bar: the branch of the legal profession which has rights of audience before all Courts
BENCH WARRANT	A warrant issued by the judge for an absent defendant to be arrested and brought before a Court
BILL OF COSTS	(see TAXATION OF COSTS, SUMMARY ASSESSMENT and DETAILED ASSESSMENT.
BILL OF INDICTMENT	A written statement of the charges against a defendant sent for trial to the Crown Court, and signed by an officer of the Court
BIND OVER	In the Crown Court or (more usually) the Magistrates Court, and signed by an officer of the Court
BIND OVER FOR SENTENCE	An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty to be enforced
BRIEF	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
C
CASE CONFERENCE	Usually the first hearing in a Multi Track claim and an opportunity to take stock and consider the way forward
CASE NUMBER	A unique reference number allocated to each case by the issuing Court
CAUTION	i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person's knowledge ii) Warning, given by a Police Officer, to a person charged with an offence iii) Warning, given by a Police Officer, instead of a charge
CAVEAT	A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat
CERTIFICATE OF LEGAL AID COSTS	A certificate of costs allowed following taxation by a judicial or taxing officer (Previously referred to as an Allocatur)
CESSATE	A grant of representation of limited duration which has ceased and expired
CHAMBERS	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
CHANCERY DIVISION	see HIGH COURT
CHARGE	A formal accusation against a person that a criminal offence has been committed (see also CHARGING ORDER)
CHARGING ORDER	An order directing that a charge be registered at the Land Registry on property owned by the debtor. This is also a form of enforcing civil debt. An order preventing the sale or disposal of a property until the charge has been cleared
CIRCUIT JUDGE	A judge who sits in the County Court and/or Crown Court
CIVIL	Matters concerning private rights and not offences against the state
CIVIL JUSTICE REFORMS	The result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April 1999
CLAIM	Proceedings issued in the County or High Court. Previously know as an Action
CLAIMANT	The person issuing the claim. Previously known as the Plaintiff
CLAIM FORM	The form that a claim is issued on. Previously known as a Summons
CODICIL	An addendum signed and executed which amends or adds something to a will
COMMISSIONER OF OATHS	Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence
COMMITTAL	i) Committal for Trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge iii) Committal Order: An order of the Court committing someone to prison iv) Committal Warrant (see WARRANT OF COMMITTAL)
COMMON LAW	The law established, by precedent, from judicial decisions and established within a community
COMPENSATION	Sum of money to make up for or make amends for loss, breakage, hardship, inconvenience or personal injury caused by another
CONCURRENT SENTENCE	A direction by a Court that a number of sentences of imprisonment should run at the same time
CONCURRENT WRIT	A duplicate of the original writ bearing the same date and expiring at the same time as the original
CONDITIONAL DISCHARGE	A discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time
CONDUCT MONEY	i) Money paid to a witness in advance of the hearing of a case as compensation for time spent attending Court ii) Commonly used to describe expenses paid to a debtor to cover the costs of travelling to Court
CONSECUTIVE SENTENCE	An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences
CONTEMPT OF COURT	Disobedience or wilful disregard to the judicial process
CONTRIBUTORY NEGLIGENCE	Partial responsibility of a claimant for the injury in respect of which he/she claims damages
CO-RESPONDENT	A person named as an adulterer (or third person) in a petition for divorce
CORROBORATION	Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases
COUNSEL	A Barrister
COUNT	An individual offence set out in an indictment
COUNTERCLAIM	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 COURT	Sometimes inaccurately referred to as the Small Claims Court, County Courts deal with civil matters including 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. Some County Courts are also branch offices of the High Court known as district registries
COURT	Body with judicial powers (see also COURT ROOM)
COURT OF APPEAL	Divided into: i) civil and, ii) criminal divisions and hears appeals: i) from decision 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)
COURT OF PROTECTION	The branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs
COURT ROOM	The room in which cases are heard
COVENANT	A formal agreement or a contract constituting an obligation to perform an act
CREDITOR	A person to whom money is owed by a debtor
CRIMINAL	Person who has been found guilty of a criminal offence
CROWN COURT	The Crown Court deals with all crime committed for trial by Magistrates Courts Cases for trial are heard before a judge and jury. The Crown Court also acts as an appeal Court for cases heard and dealt with by the Magistrates. The Crown Court can also deal with some civil and family matters
The Crown Court is divided into tiers, depending on the type of work dealt with. FIRST TIER · Defended High Court Civil work. · All classes of offence in criminal proceedings. · Committals for sentence from the Magistrates' Court. · Appeals against convictions and sentences imposed at Magistrates' Court. SECOND TIER · All classes of offence in criminal proceedings. · Committals for sentence from Magistrates' Court. · Appeals against convictions and sentences imposed at Magistrates' Court. THIRD TIER · Class 4 offences only in criminal proceedings. · Committals for sentence from Magistrates' Court. · Appeals against convictions and sentences.
D
DAMAGES	An amount of money claimed as compensation for physical/material loss, eg personal injury, breach of contract
DEBTOR	Person owing money to another party
DECREE	An order of the Court in proceedings commenced by petition
DECREE ABSOLUTE	A final certificate, resulting from an application, dissolving a marriage
DECREE NISI	Order for divorce unless cause to contrary is shown within a set period
DECLARATION	Court order setting out the rights of a party in the form of a statement
DEED	A legal document which sets out the terms of an agreement, which is signed by both parties
DEFAULT JUDGMENT	Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim ie reply or pay within a 14 day period after service of the claim
DEFENDANT	Person sued; person standing trial or appearing for sentence
DEPONENT	Person giving evidence by affidavit
DEPOSITION	A statement of evidence written down and sworn on oath, or by affirmation
DESIGNATED CIVIL JUDGE	A Judge designated to deal with the Civil Justice Reforms for a group of courts
DETAILED ASSESSMENT (of costs)	Where costs are dealt with by the drawing of a bill of costs
DETERMINATION	Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable
DEVI	Person to whom freehold land is given by a will
DISABILITY	The inability of a person to handle their own affairs (eg through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation
DISCOVERY OF DOCUMENTS	(see INSPECTION OF DOCUMENTS) Mutual exchange of evidence and all relevant information held by each party relating to the case
DISCONTINUANCE	Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case
DISMISSAL	To make order or decision that a claim be ceased
DISTRICT JUDGE	A judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as Registrars
DISTRICT REGISTRAR	see DISTRICT JUDGE
DISTRICT REGISTRY	see HIGH COURT
DIVISIONAL COURT	As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals. The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court. The Divisional Court of the Queen's Bench Division deals largely with certain appeals on points of law from many Courts. The Divisional Court of the Family Division deals largely with appeals from Magistrates Courts in matrimonial matters a 'next friend' or 'guardian ad litem'
DIVORCE	Dissolution or nullity of marriage
DOCK	Enclosure in criminal Court for the defendant on trial
E
EITHER-WAY OFFENCE	(see INDICTABLE OFFENCE, SUMMARY OFFENCE) An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury
ENFORCEMENT	Method of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court
ENTRY OF JUDGMENT	Decision of the Court in favour of one or other of the parties
ESTATE	The rights and assets of a person in property
EXECUTION	(see LEVY) Seizure of debtors goods following non payment of a Court order
EXECUTOR	A person or persons specified to carry out the provisions of a will
EXEMPT	To be freed from liability or allegiance
EXHIBIT	Item or document referred to in an affidavit or used as evidence during a Court trial or hearing
EXPERT WITNESS	Person employed to give evidence on a subject in which they are qualified or have expertise
F
FAMILY DIVISION	see HIGH COURT
FAST TRACK	The path that defended claims of more than £5000 but not more than £15000 are allocated to
FEE	Monies payable on issue of an claim or subsequent process
FIAT	A decree or command
FIERI-FACIAS (FI-FA)	(see SHERIFF) High Court version of warrant of execution in County Court. A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt
G
GARNISHEE	A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant
GUARANTOR	Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement
GUARDIAN	A person appointed to safeguard/protect/manage the interests of a child or person under mental disability (see NEXT FRIEND)
H
HIGH COURT	A civil Court which consists of three divisions:- i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - 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, eg wardship; iii) Chancery - property matters including fraud and bankruptcy
HIGH COURT JUDGE	see JUDGE and HIGH COURT
I
INDICTABLE OFFENCE	A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence
INFANT	Also known as a minor: A person under 18 years of age which prevents them from acting on their own behalf in legal proceedings (see NEXT FRIEND)
INJUNCTION	An order by a Court either restraining a person or persons from carrying out a course of action or directing a course of action be complied with. Failure to carry out terms of the order may be punishable by imprisonment
INSOLVENT	see BANKRUPT
INSPECTION OF DOCUMENTS	(see DISCOVERY OF DOCUMENTS) Following disclosure of each parties documents by discovery, the arrangements made by the parties to allow mutual exchange and copying of documents
INTERLOCUTORY	Interim, pending a full order/decision, eg interlocutory judgment for damages pending further hearing to assess amount to be awarded and entered as final judgment
INTERPLEADER	A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership
INTESTATE	Without leaving a will
ISSUE	To initiate legal proceedings in pursuit of a claim
J
JUDGE	An officer appointed to administer the law and who has authority to hear and try cases in a Court of law
JUDGMENT	Final decision of a Court A monetary judgment requires the payment of a sum of money by one party to another
JUDICIAL/JUDICIARY	i) Relating to the administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge
JURAT	A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken
JUROR	(see JURY) A person who has been summoned by a Court to be a member of the jury
JURY	Body of jurors sworn to reach a verdict according to the evidence in a Court
JUSTICE OF THE PEACE	A lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder