Clinical Negligence

A form of guarantee where one party agrees to compensate another party for any specific loss or damage caused by the first party’s action (or failure to act).

An infant approval hearing is a hearing in which a judge reviews the evidence of a personal injury case involving a child to ensure that the settlement offered by the defendant is fair.

The Inheritance (Provision for Family and Dependants) Act 1975 enables certain classes of people to make a claim against the estate of the deceased if they feel the deceased’s will does not make sufficient provision for them, or if the deceased died without leaving a will. In these circumstances, a person can make a claim under the Inheritance Act for a financial award from the deceased’s estate.

To bring a claim, a person must be one of the following:

– the spouse / civil partner of the deceased;
– the former spouse / civil partner of the deceased who has not remarried or entered into a further civil partnership;
– living with the deceased for at least two years prior to their death;
– the deceased’s child (which includes an adult child);
– treated as the deceased’s child, including but not limited to someone who was adopted by, fostered by or a step-child of the deceased; or
– being ‘maintained’ by the deceased.

With the exception of a spouse or civil partner, a claimant is only entitled to sufficient financial provision as required for their maintenance.

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 that determines, as far as is possible, a deceased person’s identity and the circumstances of their death. An inquest is not a mechanism for apportioning responsibility or blame for the death, but it can be a useful evidence gathering opportunity to support a successful medical negligence claim.

The process following disclosure where the actual documents disclosed by the other party in a case/claim are considered and reviewed.

In medical negligence and personal injury cases, general damages are an element of the overall compensation awarded that cover pain, suffering and loss of amenity. In other types of civil claim, this can vary depending on the facts of the case and type of claim being pursued.

In a personal injury claim, the defendant may allege that the claimant is being substantially dishonest and portraying an untrue recollection of the facts.

The process by which one party can bring an application to the court to make the other party comply with the terms of the order. The court may impose penalties on the non-compliant party and in some situations can change the terms of the order to meet the intentions of the original order.

The process of explaining your witness statement to the Court in person at a court hearing. Normally a witness statement will provide the basis for this although your solicitor or barrister may seek to ask some further questions in order to draw our further information and/or context.

The person or persons appointed in a will to deal with the administration of a deceased person’s estate. This could involve dealing with the deceased’s bank account, selling properties and distributing money to the beneficiaries named in the will.

Someone appointed to advise the court about a matter requiring specific expertise, such as medical, engineering or valuation evidence. Expert witnesses can be appointed by one party or jointly by both parties.

The formal process in legal proceedings where parties make available to the other side relevant documents on which their arguments are based, provided they are not protected by privilege, in which case they may not have to be shared.

Any expenditure or costs that your solicitor incurs on your behalf and are payable to a third party (for example the Court, Tribunal, Land Registry or independent expert).

A physical or mental impairment that affects an employee’s day-to-day activities, which may be deemed a disability under the Disability Discrimination Act 1995.

An agreement between solicitors, barristers and clients to defer payment of legal fees until a later date.

A person, company or other legal entity defending a court claim that has been commenced against them.

The document served by a Defendant if they do not admit the whole claim against them.

These outline the estimated likely costs of each stage of the court process and are usually filed by the parties in a prescribed form called a Precedent H. They are intended to provide transparency over court expense and a framework for the successful party to recover costs quickly at the end of the proceedings (see CMC or CCMC).

Another term for a barrister – the person(s) who represent you in court.