Legal Jargon

A written declaration (statement) signed before a Justice of the Peace or a person who is authorised to administer oaths (such as a solicitor) but which is not sworn on any religious book (not “made upon oath”).

In conveyancing matters this is a document similar to a statement made under oath (affidavit), however, it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available – for example the use of a right of way.

The process by which legal proceedings are stopped temporarily.

In many types of claim, lawyers may agree to advise clients under a fee agreement (FA). This allows them to charge for their time and also to charge an additional fee if the case is successful.

The formal requirement to give or send documents to an interested party in accordance with specific rules.

The process where the parties agree the outcome without the matter progressing to trial.

Where documents are privileged, a party can refuse to disclose these documents as part of the disclosure exercise. The two main examples of privilege are documents created between a solicitor and a client (legal professional privilege) and negotiations between parties with a view to settling litigation (negotiation privilege).

Quantum is an assessment of the value of a claim – how it is calculated.

The Rehabilitation Code 2015 is a framework for lawyers and the counterparties to a personal injury claim to work together to ensure that the injured person’s health, quality of life, independence and ability to work are restored as quickly as possible. The aim is to restore the individual as far as possible to the position they were in before the injury and/or to minimise the ongoing impact of the injury on the person’s life. The code calls for this process to begin before/alongside any claim being settled, both to accelerate the individual’s recovery and also to minimise any settlement required.

The document filed by the claimant in order to respond to issues raised by the defendant in a Defence and/or Counterclaim.

A PPO is an order from the court that stating that the defendant, rather than handing over compensation as a lump sum, should pay an annual amount, frequently in addition to an initial lump sum, to the claimant for the duration of their natural life.