Clinical Negligence

General term for Court documentation.

A general direction or supplemental protocol laid down in the Civil Procedure Rules, or issued by a Court or judge, to explain how a rule should be interpreted and to outline what the parties are required to do in order to comply with that rule.

A supplemental protocol to rules of civil and criminal procedure in the courts – “a device to regulate minor procedural matters” – and is “an official announcement by the court laying down rules as to how it should function.”

A hearing to decide a point of procedure or a specific issue that goes fundamentally to the heart of the claim or a defence.

A Latin term that means “at first appearance” or “on the face of it”. In civil and criminal law it is used to say that at first look, and without any further investigation, there is sufficient evidence to support a case. In practice, is it used to justify a decision to pursue a case or, in if there is no prima facie evidence, to either dismiss the case or investigate more closely.

Someone who has not yet reached the age when they have 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 court document that sets out the detail of a claim, the case that the defendant must defend, and the facts upon which a claim relies. In personal injury and medical negligence claims to progress, the Claimant must submit the Particulars of Claim, along with the Claim form, in order for the claim to proceed.
Particulars of Claim are widely used in other types of civil claims, but they are not necessarily a requirement.

A formal offer to settle which is governed by Part 36 of the Civil Procedure Rules as opposed to the “without prejudice” regime, and which is governed by strict rules, including costs consequences.

Any party in a non-criminal court case, for example the applicant, claimant, respondent and defendant.

A party to a court case who is not represented by a lawyer.

Taking legal action for civil matters through the courts i.e. 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 generally need a Litigation Friend to act on their behalf.

Mediation is a form of alternative dispute resolution (ADR) that is widely used in both personal and commercial disputes to try to find a satisfactory solution without the disputing parties having to go to court, with all the delay, expense and uncertainty that that can entail. In mediation, an independent mediator, usually an experienced lawyer, is appointed to help the parties resolve the matter. Mediators will review documents and arguments from the parties and/or their legal representatives. They will apply their knowledge of the relevant law to the unique circumstances of the matter at hand and make a recommendation for how the matter should be settled. Both parties must be agree to the mediation for it to take place. Mediation is not legally binding and parties can decide to proceed to court if they are unhappy with the outcome. Mediation decisions can be made legally binding, if both parties agree, through a court order. Mediation is commenced ‘without prejudice’, which means the judge is not informed of the content of discussions.

Mediation is a form of alternative dispute resolution that can be used to settle a wide range of legal disputes and avoid some of the expense, delay and potential risk associated with court action. In mediation, a neutral, trained third-party individual is appointed to assist disputing parties in coming to a mutually acceptable resolution through negotiation and compromise. In certain cases, the disputing parties’ legal advisers will attend a mediation. Mediation is voluntary for both the claimant and defendant and is non-binding until it is written into an agreement that both parties sign. If not satisfactory agreement can be reached, the parties can still decide to pursue the matter through the court system.

In family cases it is usually a requirement to have attempted mediation before an application can be made to the court. Mediations for family cases are generally attended by the parties only.

Any disorder or disability of the mind, including any mental health problem normally diagnosed in psychiatry and certain learning disabilities.

In cases where liability has been admitted and a financial settlement is pending but the final sum has not been determined, a claimant may be able to request an interim payment in advance of the final settlement. Any interim payment will be deducted from the final settlement.

Financial support provided by the government-funded Legal Aid Agency that covers the cost of legal advice and representation under certain qualifying conditions. Legal aid is designed to ensure that everyone has access to legal representation and the court system, regardless of their income or wealth. Different criteria apply to the eligibility for legal aid, depending on the nature of the case and the individual’s personal financial circumstances, except for cases where someone is detailed under section, in which case legal aid is available to anyone.

The fee payable to the court at the start of the case.

A remedy granted by the Court during proceedings, that remains in effect (normally) until a final hearing. An interim order may be awarded, for example, to preserve property or assets until the claim is resolved, or to protect an individual while their care is being considered.

Latin meaning ‘among other things’.