Legal Jargon

Better know as ‘punitive damages’ which are assessed to punish a defendant for their conduct, in excess of a parties loss. Exemplary damages are awarded in specific and limited circumstances.

The process of explaining your witness statement to the Court in person at a court hearing. Normally a witness statement will provide the basis for this although your solicitor or barrister may seek to ask some further questions in order to draw our further information and/or context.

The formal process in legal proceedings where parties make available to the other side relevant documents on which their arguments are based, provided they are not protected by privilege, in which case they may not have to be shared.

A right attached to the title of a property such as a right of access over private lanes or paths, or rights to connect into services such as water pipes and cables. Easements may be benefits to a property and its owners, and they may also be considered to be burdens, example a right to situate a septic tank on a neighbour’s land and access it.

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).

A person, company or other legal entity defending a court claim that has been commenced against them.

The document served by a Defendant if they do not admit the whole claim against them.

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

These outline the estimated likely costs of each stage of the court process and are usually filed by the parties in a prescribed form called a Precedent H. They are intended to provide transparency over court expense and a framework for the successful party to recover costs quickly at the end of the proceedings (see CMC or CCMC).

Where the Defendant brings a claim against the Claimant (usually when filing their Defence).