Clinical Negligence

A type of alternative dispute resolution (ADR) where a claim is decided by an appointed expert arbitrator rather than through conventional Court proceedings. Arbitration is usually used in complex and technical disputes, such as building disputes, where a technical expert such as a surveyor can be appointed to decide the case on the basis of the technical aspects of the dispute. Both parties have to agree to arbitration and the decision is usually binding i.e. when a determination is made there is no recourse to Court proceedings if one of the parties doesn’t like the outcome.

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.

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

The procedural ‘track’ for claims with a value ranging between £25,000 – £100,000.

The document that is sent to the Court by the defendant to a civil claim to acknowledge receipt of the claim and to confirm whether they intend to dispute all or part of the claim.

When a court hearing is cancelled and rescheduled to a later date.

The person (often a relative) approved by the Probate Registry to deal with the estate of someone who has died without making a will.
The term can also mean an Insolvency Practitioner responsible for running a company that has entered Administration.

A Court decision whereby one party in a case is ordered to pay the other’s legal fees.

A formal written declaration made under oath, the contents of which carry the same weight as sworn statements made in Court. If the contents of an affidavit are proven to be false then the person who provided the affidavit may be held in contempt of Court, which can carry significant penalties.

This is an insurance policy that covers your legal expenses and losses in the event of an injury or loss. As the name suggests, this is an insurance policy that is taken out after the loss or injury to provide cover for legal costs incurred in litigation or arbitration.

Additional damages potentially awarded as a result of the defendant’s conduct. Aggravated damages are generally awarded to compensate the claimant for the additional harm that has been suffered.

The court process by which a judge decides which procedural ‘track’ a claim belongs to. See also Fast track, Intermediate Track or Multi-track.

The procedural ‘track’ for claims with a value between £5,000 – £25,000.