Dealing with any dispute is stressful and worrying. 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.
An Order made by the Court either to restrain a party from pursuing a particular course of action or alternatively an Order to force a party to take a particular action.
The Court process which determines as far as possible the identity of the deceased and where, when and how he or she came to die. Findings are then recorded at the conclusion of the inquest. The inquest is not a mechanism for apportioning blame for the death but can be a useful evidence gathering opportunity to support a successful medical negligence claim. (Link to blog and Inquest page).
The process following disclosure where the actual documents disclosed by the other party are considered and reviewed.
A remedy granted by the Court either before or during proceedings and which remains in effect (normally) until a final hearing. They may be awarded for example to preserve property until the claim is resolved.
The fee payable to the court at the start of the case.
Any party in a non criminal court case – for example Applicant, Claimant, Respondent, Defendant.
A party to a court case who is not represented by a lawyer.
Taking legal action through the courts – a court case.
The age when a person gains full legal rights and responsibilities. In the UK this is the age of 18. Up until then, a minor would need a ‘Litigation Friend’ to act on their behalf.
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.