Jargon

Resolving Commercial Disputes

CPR:
The Civil Procedure Rules. These are rules governing the way that proceedings in court must be pursued. If they are not followed, the court can make costs orders against you.
Arbitration:
An alternative form of dispute resolution using an expert (such as a surveyor) in the role of judge. The process is similar to court proceedings but is less formal.
Adjudication:
An alternative form of dispute resolution using an expert as a decision-maker on a specific matter. It is widely used in construction and technology disputes.
Litigation:
Proceedings in court, including small claims.
Small Claims Track:
A court process for claims valued £5000 and under. Costs are not generally recoverable so engaging a solicitor to act for you may not be cost effective.
Fast Track:
A stream of court cases valued over £5000 and not exceeding £15,000. A trial is limited to a maximum of 1 day.
Multi-Track:
A stream of court cases valued over the fast-track limit or involving complex points of law or evidence and/or requiring more than a 1 day trial.
County Court:
The local Civil Court.
High Court:
A court higher than a local County Court which has hearings at limited locations including the Royal Courts of Justice (London), Bristol and Birmingham.
Allocation:
The point in proceedings when a judge considers the claim and the defence, decides which track is appropriate for the claim and gives a timetable to bring the case before the court for trial.
Disclosure:
A stage in proceedings when each party discloses to the other parties in a dispute the details of documents (including electronic documents) which are relevant to matters in dispute and help or hinder any parties’ position in the proceedings.
Witness Statement:
A written statement of the information a witness can give to provide the court with a full factual picture of the dispute.
Statement of Truth:
A written endorsement in a document for court confirming that the contents are true.
Directions:
The timetable of actions set by a judge and required to be completed to bring a case to readiness for trial.
Without Prejudice:
A way to speak, write or communicate proposals to try to reach agreement on the case or any issue within it which may involve conceding ground but which cannot be mentioned in proceedings if the offer is rejected. This avoids a judge’s view being coloured. If without prejudice offers are made and rejected, they can later be taken into account by a judge when an order for costs is being considered.
Part 36 Offer :
An offer made under Part 36 of the CPR which, if rejected and later beaten at trial, or if accepted immediately will carry automatic costs and interest consequences.
Mediation :
A without prejudice way of alternative dispute resolution in which a neutral mediator facilitates a negotiated settlement between the parties.
Court Fees:
The CPR requires parties (largely the Claimant) in court proceedings to pay fees at various stages to cover the costs of court administration. Fees payable are laid down by Statutory Instrument. Court fees paid are shown on your bill.
Counsel:
A barrister appointed to advise or represent a party or to draft specialist documents in court proceedings.
HMLR:
Her Majesty’s Land Registry – a register of land ownership.

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