Legal Jargon

Causation is the link between a person’s action (or inaction) and a specific outcome. So, in a medical negligence and/or personal injury claim, causation is the link between the opponent’s breach of duty and the resulting injury. The claimant has to establish that what the medical professional did (or failed to do) led to an identifiable injury and loss. In other civil claims, the causation depends on the type of claim.

In legal disputes, one party has the responsibility of proving their case – the burden of proof – while the other party has no such burden and is presumed innocent until proven otherwise. In civil cases, it is usually the claimant who carries the burden of proof, though this can be reversed in certain situations. This means that in a medical negligence case, for example, the patient and/or their representatives have to prove that the medical professional or body was at fault.

The process where a party applies to a higher Court to review and potentially reverse the decision of a lower Court where they have grounds to do so.

A release from the police station or court with an obligation to return. Sometimes bail is granted with certain conditions. Failure to return when required may be judged a breach of bail, in which case any penalties written into the conditions will be applied.