Making a Clinical Negligence claim can be emotionally and mentally challenging. We do not want the legal process and the wording we use to make the situation worse so we strive to keep legal jargon to a minimum. We appreciate you will come across terms you may not understand so we have tried to explain these as clearly as possible in the definitions below, so that you fully understand the process you are going through.
If you need further explanation then please do contact us.
In personal disputes cases this is a specific form of Alternative Dispute Resolution that is commonly used. It involves appointing an independent party to help the parties to a claim resolve the matter. Usually the Solicitors will also attend. Mediation is commenced on a without prejudice basis which means the judge is not informed about the content of discussions.
In family cases this is a service separate to solicitors and the court, where a trained mediator assists the parties to resolve or limit issues in dispute through discussion between themselves.
In family cases it is a requirement to have attempted mediation before an application can be made to the court.
Mediation is voluntary for both the claimant and defendant.
Someone who has not yet reached the age when they get full legal rights and responsibilities. In the UK this is the age of 18 years. Up until the age of 18, a minor would need a ‘Litigation Friend’ to act on their behalf. Usually this is the child’s parent.
A formal offer to settle which is governed by Part 36 of the Civil Procedure Rules as opposed to the “without prejudice” regime and has strict rules about how it is dealt with including costs consequences.
The court document that sets out the detail to the claim. It must be submitted to the court by the Claimant with the Claim form in order to begin a claim.
General term for the documentation submitted to the court to bring or defend a claim.
A general direction order made by the Court to help explain how a Civil Procedure Rule should be interpreted and to outline what the parties are required to do in order to comply with that Civil Procedure Rule.
A hearing to decide a point of procedure or a specific issue that goes fundamentally to the heart of the claim or a defence.
“On the face of it” – something which has been said without the position having been investigated fully.
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).
The document submitted by the Claimant in order to respond to issues raised by the Defendant in their Defence.