Legal Jargon

A party to a court case who is not represented by a lawyer.

Taking legal action for civil matters through the courts i.e. a court case.

Mediation is a form of alternative dispute resolution (ADR) that is widely used in both personal and commercial disputes to try to find a satisfactory solution without the disputing parties having to go to court, with all the delay, expense and uncertainty that that can entail. In mediation, an independent mediator, usually an experienced lawyer, is appointed to help the parties resolve the matter. Mediators will review documents and arguments from the parties and/or their legal representatives. They will apply their knowledge of the relevant law to the unique circumstances of the matter at hand and make a recommendation for how the matter should be settled. Both parties must be agree to the mediation for it to take place. Mediation is not legally binding and parties can decide to proceed to court if they are unhappy with the outcome. Mediation decisions can be made legally binding, if both parties agree, through a court order. Mediation is commenced ‘without prejudice’, which means the judge is not informed of the content of discussions.

Mediation is a form of alternative dispute resolution that can be used to settle a wide range of legal disputes and avoid some of the expense, delay and potential risk associated with court action. In mediation, a neutral, trained third-party individual is appointed to assist disputing parties in coming to a mutually acceptable resolution through negotiation and compromise. In certain cases, the disputing parties’ legal advisers will attend a mediation. Mediation is voluntary for both the claimant and defendant and is non-binding until it is written into an agreement that both parties sign. If not satisfactory agreement can be reached, the parties can still decide to pursue the matter through the court system.

In family cases it is usually a requirement to have attempted mediation before an application can be made to the court. Mediations for family cases are generally attended by the parties only.

Any disorder or disability of the mind, including any mental health problem normally diagnosed in psychiatry and certain learning disabilities.

Financial support provided by the government-funded Legal Aid Agency that covers the cost of legal advice and representation under certain qualifying conditions. Legal aid is designed to ensure that everyone has access to legal representation and the court system, regardless of their income or wealth. Different criteria apply to the eligibility for legal aid, depending on the nature of the case and the individual’s personal financial circumstances, except for cases where someone is detailed under section, in which case legal aid is available to anyone.

The fee payable to the court at the start of the case.

In cases where liability has been admitted and a financial settlement is pending but the final sum has not been determined, a claimant may be able to request an interim payment in advance of the final settlement. Any interim payment will be deducted from the final settlement.

A remedy granted by the Court during proceedings, that remains in effect (normally) until a final hearing. An interim order may be awarded, for example, to preserve property or assets until the claim is resolved, or to protect an individual while their care is being considered.

Latin meaning ‘among other things’.