Legal Jargon

The final court appointment where the judge or magistrates will make a decision about how the issues in dispute should be resolved. The parties and any witnesses, including the CAFCASS officer, attend the hearing and give verbal evidence, and are questioned by the other party’s representative. The parties will be legally bound by the decision at this hearing. If the parties reach an agreement between themselves a final hearing may not be necessary.

The first preliminary court hearing following an application being issued.

Someone appointed to advise the court about a matter requiring specific expertise, such as medical, engineering or valuation evidence. Expert witnesses can be appointed by one party or jointly by both parties.

The process by which one party can bring an application to the court to make the other party comply with the terms of the order. The court may impose penalties on the non-compliant party and in some situations can change the terms of the order to meet the intentions of the original order.

Any expenditure or costs that your solicitor incurs on your behalf and are payable to a third party (for example the Court, Tribunal, Land Registry or independent expert).

An application or ‘request’ asking the court to consider a case and make a judgement.

Another term for a barrister – the person(s) who represent you in court.

The process where one side’s counsel (barrister) seeks to challenge or test a witness’s evidence by asking them questions in court.

Generally speaking, it is desirable to have a single joint expert report to the Court where specialist advice is required. However, there are circumstances where one or both parties may wish to consult an expert of their choosing to decide whether they should challenge the report of the single joint expert. This is now known as a Daniels v Walker application after the case in which a ruling of this kind was first made [2000]. This is applicable to all matters that reach court and where expert evidence is required. Experts appointed this way are still required to be impartial.

The legal costs charged to you by your legal team for working on your behalf in relation to the claim, together with any expenses in relation to this (see also Disbursements).