Glossary

AuthorPatricia Pearl/Tim Parker
Pages25-31

Glossary

Some specialist legal terms explained.

Additional claim A claim made by a defendant against someone other than the claimant (e.g. X sues Y, and Y then claims against Z within the same case) (see paragraph 3.8)

Advocate Anyone who represents someone in court (see also ‘Barrister’,

‘Solicitor’, ‘Lay representative’ and ‘McKenzie friend’)

Allocation The procedure by which a judge decides if a case qualifies for the small claims track or some other track

Alternative dispute resolution

Collective description of methods of resolving disputes other than by the normal trial process (see also ‘Mediation’)

Arbitration A method of settling disputes by which the parties agree to a determination by an umpire or arbitrator; commonly used in the settlement of commercial disputes

Assessment See ‘Summary assessment (of costs)’

Back to back list Final hearings are sometimes listed ‘back to back’ so that a number of cases are shared between judges, with the first judge available taking the next case due to be heard, rather than each judge having their own ‘list’

Barrister A specialist professional advocate lawyer who has been called to the

Bar and undertaken the required practical training

Block list An alternative term for ‘back to back list’

Boxwork The work done by a judge on a court file where there is no hearing and the parties are not present

Case management The process by which the judge controls the progress of a case by making orders and imposing sanctions

Caseman The computer records on civil cases held by the courts

xxvi Small Claims Procedure in the County Court

CCMCC (County Court Money Claims Centre)

The place where claim forms are sent when a case is not commenced online: PO Box 527, Salford M5 0BY

Circuit judge A County Court judge senior in rank to a district judge (circuit judges hear appeals in small claims)

Claim number Every case is given its own claim number: quote this in all correspondence with the court, and set it out at the top right-hand corner of each court document

Claimant The party who starts legal proceedings by making a claim

Contempt of court Certain forms of deliberate obstruction of court orders or procedure, which put the person in question (the ‘contemnor’) at risk of punishment by a fine or imprisonment

Contributory negligence Negligent behaviour by a claimant which has partly caused the loss or damage for which they claim

Costs terminology See paragraph 9.7 for definitions of ‘no order for costs’, ‘costs reserved’ and ‘costs in the case’

Counterclaim A claim by a defendant against a claimant (see also ‘Part 20 claim’)

Court Can refer to: (a) the building where a hearing takes place; (b) the court system as a whole; or (c) the judge who makes a particular decision (e.g. ‘The court considered the evidence and decided that ...’)

Court officer An employee of the Courts Service: an administrator rather than a judge

Courts Service HM Courts & Tribunals Service (HMCTS) – the government service responsible for running all courts in England and Wales1

CPR (the rules) The Civil Procedure Rules 1998,2which set out the procedure for dealing with a civil case. See also ‘Part’ and ‘Practice Direction’

Damages A sum of money awarded by the court as compensation

Debt A fixed amount of...

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