Jargon

Accident and Diseases

Accident Line:
The Law Society approved scheme run by solicitors who are members of a specialist panel of personal injury lawyers, providing a free half hour consultation to claimants who have suffered personal injuries, including industrial accidents/diseases.
CFA:
Conditional fee agreements or “no-win, no-fee” agreements mean that solicitors take no payment for their work unless they win the case. If your claim is not successful, then you may be liable for the other party's legal costs, but, as your Accident Line solicitor, we will provide insurance called Accident Line Protect, to cover that eventuality. If you win the case, you will receive compensation and the insurance premium and your legal costs should be recoverable from the other side.
Letter of Claim:
A letter which is sent to the party believed to be responsible for causing injury/illness setting out allegations of negligence/breaches of statutory duty to take care and the nature of the injury/illness. This letter triggers the commencement of the Pre-action Protocol for Personal Injury/Disease and Illness claims.
Pre-action Protocol:
Guidance to encourage the exchange of early and full information about the claim, to enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings, to support the efficient management of proceedings where litigation cannot be avoided. Non-compliance may result in cost penalties if court proceedings are commenced.
Liability:
Legal responsibility for acts or omissions.
Causation:
Establishing the link between negligence/breaches of statutory duty to take care and the injury/illness suffered.
Quantum:
The value of your claim.
Schedule of Loss:
A document which sets out the financial losses sustained as a direct result of suffering injury or disease e.g. loss of earnings, travelling expenses, cost of care.
Occupational Illness:
Diseases or medical conditions which arise as a result of exposure at work to substances such as asbestos.
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.
Litigation:
Proceedings in court, including small claims.
Small Claims Track:
A court process for claims valued £1000 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.

General

Beneficial Owner:
An owner of land entitled to use it for his own benefit.
Beneficiary:
A person entitled to benefit under a trust or will.
Charge:
A legal or equitable interest in land securing the payment of money, e.g a mortgage
Codicil:
A supplement to a will adding to, varying or revoking provisions in the will.
Completion date:
When buying or selling a house, the date you move out or in.
Contact Order:
In Children Act proceedings it is the order defining the nature and extent of contact a child is to have with other individuals.
Contract:
A legally binding agreement.
Conveyance:
A document that transfers an interest in land, now usually referred to as a transfer.
Decree absolute:
In divorce proceedings it is the order bringing the marriage to an end.
Decree Nisi:
In divorce proceedings it is the stage when the court has determined the marriage is at an end and when decree absolute can be granted after 6 weeks and a day.
Easement:
A right enjoyed/owned by one owner of land over another owner’s land, e.g a right of way.
Estate:
In land it is the extent of a person’s ownership e.g freehold or leasehold. In relation to a deceased person it is all the property/belongings etc owned by that person at his death.
Execute:
The signing of a document to make it legal.
Freehold:
The most complete ownership of land.
HIP :
A Home Information Pack contains information about a residential property you wish to sell on the open market, such as an energy performance certificate, a sale statement, evidence of title to the property, a local search and a water company search.
Joint tenant:
Ownership of land by two or more persons who have equal interests in the whole of the land and when one of them dies his/her rights pass to the survivor(s) (compare tenants in common ).
Leasehold:
Land or property held under a lease for a period of fixed minimum duration.
Mortgage:
An interest in property/land created as security for a loan which gives the giver of the loan (Mortgagee) important rights over the property/land of the owner of the property/land (Mortgagor) usually given to help buy a house.
Office copies:
A copy of the entry held at the Land Registry proving ownership of property registered at the Land registry and showing if the property is subject to a charge or mortgage.
Parental Responsibility:
The powers and duties that by law a parent has towards his/her children under 18 years. Parental Responsibility can be acquired by certain people on application to the court or for unmarried fathers whose names are not on a child born after 31 December 2003 by such application or an agreement with the mother.
Power of Attorney:
Authority given by one person to another to act for him/her in his/her absence.
Residence order:
In Children Act proceedings it is the order stating with whom a child is to live.
SDLT:
Stamp Duty Land Tax
Searches:
Enquiries made by a buyer’s solicitor to find out whether there are any rights or interests in the property owned/held by someone other than the owner of the property, e.g easement, lease, mortgage.
Swear:
To take an oath on the bible or by confirming the truth that the contents of a document are true and accurate and signing the document to that effect.
Tenant in common:
Ownership of land by two or more persons who have unequal interests in the whole of the land and when one of them dies his/her rights do not pass to the survivor(s) but will be part of his/her estate (compare joint tenant).
Transfer:
The usual name for a conveyance. It details information about the transaction e.g the property, buyer, seller, price. Also known as a TR1.
Trust:
Property is transferred to a person who will use it for a particular purpose for the benefit of someone else.
Will:
A document stating a person’s wishes regarding how they wish their property to be disposed of after their death.

Employment Law

Employment Tribunal:
The Tribunal normally consists of a chairman who is a lawyer anD two other members, one from a panel of members representing employers,and the other from a panel of members representing employees. In certain circumstances however it may consist of a chairman sitting alone or with just one lay member.
Preliminary hearing :
This may be arranged, before the substantive case is heard, to enable a tribunal to determine any issue relating to the entitlement of any party to bring or contest proceedings. Any of the parties may apply for such a hearing, or it may be convened at the decision of the tribunal.
Pre-hearing review:
A full tribunal, or a chairman sitting alone may conduct a pre-hearing review of a case in advance of the full tribunal hearing. If it appears that the case has little prospect of success either party may be ordered to pay a deposit of up to £500 as a condition of continuing to proceed with, or defend the case.
Final hearing:
If the complaint is not settled or withdrawn at an earlier stage, it proceeds to a full hearing by an employment tribunal. At the hearing, tribunals try to keep their proceedings as simple and informal as possible. Many claimants and respondents put their own cases to the tribunal although some choose to have a representative who may be a lawyer, trade union official, representative of an employers' organisation, or simply a friend or colleague.
ACAS :
An independent publicly-funded organization promoting good employment relations. ACAS has a legal duty in most cases to offer conciliation when someone has a complaint about their employment rights with a view to finding a solution that both parties find acceptable instead of going to a tribunal hearing.
Liability:
Legal responsibility for acts or omissions.
Quantum:
The value of your claim.
Schedule of Loss:
A document which sets out the financial losses sustained by the Claimant e.g. loss of earnings, loss of pension.
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 tribunal with a full factual picture of the dispute.
Statement of Truth:
A written endorsement in a document for the tribunal confirming that the contents are true.
Directions:
The timetable of actions set by the Tribunal and required to be completed to bring a case to readiness for final hearing.

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 the Tribunal’s view being coloured.

Mediation : A without prejudice way (link) of alternative dispute resolution in which a neutral mediator facilitates a negotiated settlement between the parties.

Counsel: A barrister appointed to advise or represent a party or to draft specialist documents in tribunal proceedings.

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