Legal Jargon

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).

This is an insurance policy that covers your legal expenses and losses in the event of an injury or loss. As the name suggests, this is a pre-existing insurance policy that is taken out before the loss or injury.

Medical and other professionals owe their patients a “Duty of Care”, which is a responsibility to take care of them properly and to a reasonable standard. If the care given does not live up to the required standard and the shortcomings could reasonably have been avoided by the professional concerned, then this may be classed as a Breach of Duty. This is also known as professional or clinical negligence. In civil cases, the claimant usually carries the burden of proof although this can be reserved in certain situations. It is usually for the Claimant to prove their case.

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.

A person’s ability to understand information and make and communicate decisions about their life. The Court of Protection can be asked to determine whether a person has capacity. Where they do not have capacity, the Court can make decisions and appoint people to make decisions for them in their best interests.

A Case Management Conference is a hearing where directions are agreed or made by the Court and a timetable set out to trial.

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.

The rules that govern how civil claims are to be conducted. They are supplemented by practice directions.

The document used to commence a claim. It is usually supported by Particulars of Claim but this depends on the type of claim and the procedure which must be followed.

The procedural ‘track’ for claims with a value ranging between £25,000 – £100,000.