Legal Jargon

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.

The procedural ‘track’ for claims with a value exceeding £100,000.

A collective term for processes such as mediation or arbitration that can be used under agreement from both parties to settle a claim without the potential cost, delay and risk of conventional Court procedures.

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.