Legal Jargon

A personal injury trust can be set up to hold and manage a person’s damages to ensure that this money is not taken into account for assessment of means-tested benefits or care contributions.

A general direction or supplemental protocol laid down in the Civil Procedure Rules, or issued by a Court or judge, to explain how a rule should be interpreted and to outline what the parties are required to do in order to comply with that rule.

A supplemental protocol to rules of civil and criminal procedure in the courts – “a device to regulate minor procedural matters” – and is “an official announcement by the court laying down rules as to how it should function.”

A hearing to decide a point of procedure or a specific issue that goes fundamentally to the heart of the claim or a defence.

A Latin term that means “at first appearance” or “on the face of it”. In civil and criminal law it is used to say that at first look, and without any further investigation, there is sufficient evidence to support a case. In practice, is it used to justify a decision to pursue a case or, in if there is no prima facie evidence, to either dismiss the case or investigate more closely.

A court document that sets out the detail of a claim, the case that the defendant must defend, and the facts upon which a claim relies. In personal injury and medical negligence claims to progress, the Claimant must submit the Particulars of Claim, along with the Claim form, in order for the claim to proceed.
Particulars of Claim are widely used in other types of civil claims, but they are not necessarily a requirement.

A formal offer to settle which is governed by Part 36 of the Civil Procedure Rules as opposed to the “without prejudice” regime, and which is governed by strict rules, including costs consequences.

Someone who has not yet reached the age when they have full legal rights and responsibilities. In the UK this is the age of 18 years. Up until the age of 18, a minor would need a Litigation Friend to act on their behalf. Usually this is the child’s parent.

The age when a person gains full legal rights and responsibilities. In the UK this is the age of 18. Up until then, a minor would generally need a Litigation Friend to act on their behalf.

Any party in a non-criminal court case, for example the applicant, claimant, respondent and defendant.