Distinctly, the legal process can be full of complex and technical legal jargon, often creating confusion and misunderstanding for some clients. Therefore, we’ve created this legal glossary page to help you better understand some common legal terminologies that you may encounter during the claims process.

If you wish to speak with a member of our team directly for further assistance, please don’t hesitate to get in touch.

How To Sue’s Legal Glossary

Please see the list of terms below, which may be used during the legal process of making a compensation claim; we’ve tried to be as thorough as possible. If you’re connected with one of the friendly solicitors from our panel, they can assist you throughout the claims process, helping you to break the legal language barrier.

If you have any questions whatsoever about our legal glossary, please refer to the contact information above, and a helpful advisor can assist you.

Admission Of Liability

This is where a defendant admits liability, otherwise known as fault, for harm caused to a claimant. A liability admission could be in full, which will greatly help the progression of a claim. Alternatively, a partial admission of liability occurs when a defendant accepts responsibility for certain aspects but disputes fault for others.

After The Event Insurance

After The Event (ATE) Insurance is a type of legal expenses insurance policy that is purchased after a legal dispute has arisen. Essentially, ATE ensures that a claimant won’t pay the other party’s legal costs, as well as their own legal disbursements (such as expert reports and court fees) if their claim is unsuccessful.

Barrister

Barristers are highly trained legal professionals who have completed the Bar Practice Course (BPC), allowing them to present cases in the court of law. This is also known as advocacy. Moreover, most barristers in the UK are self-employed and work out of chambers. Nevertheless, barristers can be employees in the following situations:

• The Crown Prosecution Service (CPS) employs barristers to advocate on behalf of clients in criminal trials.
• Companies and charities may employ in-house legal barristers to exclusively work for them as a representative.

Breach Of Duty

There are many different scenarios where a duty of care is imposed between parties. Any failure to uphold a duty of care and adhere to health and safety laws equates to a breach of this duty (which may be an act or an omission). To claim compensation in personal injury and medical negligence cases, you must be able to demonstrate that another party’s breach of duty resulted in your harm or injury.

Causation

Causation ultimately relates to the cause of something, leading to an effect. In the legal field, this is also known as the chain of reasoning, which provides an explanation of how an act or omission caused harm or an injury. For instance, the owner of a supermarket could have failed to clean an aisle, causing you to slip and suffer serious neck and back injuries. 

Claimant

A claimant is the party making the claim against the third party. Claimants are not limited only to individuals, but depending on the nature of the claim, the term can also include multiple people or an organisation seeking to achieve justice. During the claims process, anytime you see us discussing claimants, we could very well mean you!

Compensation Or Damages

Compensation or damages refers to the money paid to a claimant following a successful claim. The award of damages will compensate a claimant for their harm or injuries, in addition to any financial losses suffered. Please keep reading our legal glossary to learn about the specific types of damages you could be awarded.

Compensation Recovery Unit (CRU)

The Compensation Recovery Unit (CRU) is a division of the Department of Work and Pensions (DWP) that works to recover benefits paid out once compensation has been awarded for losses. For instance, these benefits may have been paid as a result of an accident that led to a compensation payout. Please note that the money will be recovered once a settlement has been received.

Conditional Fee Agreement (CFA)

As per The Conditional Fee Agreements Order 2013, a Conditional Fee Agreement (CFA) is a type of No Win No Fee contract. By making a claim under this agreement, you’re protected from solicitor service fees at the beginning of your claim, throughout the process or if the result is unsuccessful. Keep reading our legal glossary to learn about the success fee that is imposed if your claim is successful.

Contributory Negligence

This is where the claimant is deemed to have contributed to their injuries in some way. To illustrate, you may have been involved in a rear-end collision that wasn’t your fault but failed to wear your seatbelt. As such, you did not contribute to the accident occurring, but your injuries were made worse by your failure to wear a seatbelt. You could therefore suffer serious broken bones and brain injuries as a result.

 Counsel

The term ‘counsel’ may refer to a few different definitions in the English legal system. Most commonly, this term refers to barristers who work to present legal cases in a court of law. Moreover, an in-house legal counsel refers to when a company hires a legal representative in an exclusive capacity. A King’s or Queen’s Counsel (KC/DC), depending on the monarch at the time, is a senior barrister who has shown considerable expertise in their field. The process of being appointed as a KC or DC is commonly referred to as “taking silk.”

Criminal Injuries Compensation Authority (CICA)

The Criminal Injuries Compensation Authority (CICA) is a sponsored agency by the Ministry of Justice; it was ultimately established to provide victims of violent crimes an avenue to seek compensation by making a criminal injury claim.

In successful cases, compensation is awarded to victims in line with the fixed tariffs set out in the Criminal Injuries Compensation Scheme 2012.

Defendant

A defendant is the third party you are making a claim against. For instance, a defendant could be another road user, your employer, the owner of a public place or your healthcare provider.

Duty Of Care

A duty of care is a legal obligation imposed on certain individuals and organisations to ensure the reasonable safety of others. In essence, a duty of care ensures that individuals can be kept safe; for example, all employers have a duty of care to ensure the safety of their employees.

Employer’s Liability Insurance

The Employers’ Liability (Compulsory Insurance) Act 1969 enforces a legal obligation on all employers to have a valid employer’s liability insurance policy. The insurance policy must be from an authorised insurer and cover a minimum of £5 million to cover compensation pay-outs. Therefore, any successful accident at work claims will be paid out from this insurance cover.

Expert Witness

An expert, or an expert witness, is a person often consulted during the claims process for their extensive knowledge in a relevant field. A claimant or defendant may instruct an expert witness to support their claim with a professional opinion. For example, a structural engineer could be consulted to give their opinion on whether safe practices were being used prior to an accident.

Fundamental Dishonesty

Fundamental dishonesty relates to where a claimant has misinterpreted facts, exaggerated the scale of their injuries, or, in worst cases, outright lied about the accident having occurred.

If it’s been found that a claimant is fundamentally dishonest, the court can strike out the claim. Moreover, the claimant can be ordered to pay all of the defendant’s legal costs or face potential contempt of court charges.

If you’re connected with one of the expert solicitors from our panel, they will do everything they can to ensure you have strong, reliable evidence to support your claim.

General Damages

The award of general damages is a head of loss that aims to compensate you for any physical and mental pain and suffering you may have experienced due to the injuries or illnesses you suffered. Your medical evidence and the Judicial College Guidelines (JCG) will be used by a solicitor when calculating the value of these damages.

Injury

An injury is the harm caused to a person from an accident; this can be physical and psychological, such as a shoulder injury and PTSD.

Interim Payments

Interim payments can be ordered by the courts as an advance on your compensation in certain situations. For instance, you could apply to receive interim payments if the claims process has left you in need of financial support after an accident. Moreover, these supportive ongoing payments can only be applied for if the defendant has already liability or if there is a strong likelihood your claim would succeed if it went to court. Any interim payments will then be deducted from your final compensation amount.

Issue Court Proceedings

The issue of court proceedings describes the process of issuing a claim form to the court; this only occurs once all methods of alternative dispute resolution have been exhausted. Notably, court proceedings are rarely issued as most of them settle before court.

If proceedings are issued, a form will be served to a defendant as an official issuing of proceedings.

Judgement

A judgement is the final decision in a court case which typically comes from a judge in civil claims. However, in criminal trials, the decision will be made by a jury. A judgement can also relate to the term ‘written judgement’, which provides a summary of what occurred in the courtroom and how the decision was reached.

Letter Of Claim

A letter of claim is a formal notice that is served to the defendant, notifying them that a claim is being started against them. Within the letter of claim, it should contain details of what occurred, the harm caused, the grounds you’re seeking compensation for and the amount you wish to claim.

Limitation Period

A limitation period is the amount of time you have to start legal action. As per the Limitation Act 1980, the typical limitation period for personal injury and medical negligence claims is 3 years.

Litigation

This is the process of taking a legal matter to court. 

Litigation Friend

A litigation friend is usually an adult of sound mind who has been appointed by the court to act on behalf of a claimant. Litigation friends can claim on behalf of a child or a person lacking in mental capacity, who are unable to make a claim for themselves. As such, litigation friends can assist in evidence gathering, hold court funds, and make key legal decisions on a loved one’s behalf.

Loss Of Amenity

A loss of amenity is often considered when determining a compensation amount in claims. It ultimately relates to a loss in quality of life due to an injury or harm. Loss of amenity may therefore include a loss of hobbies and an inability to participate in activities such as sport.

Motor Insurers’ Bureau (MIB)

The Motor Insurers’ Bureau (MIB) is an organisation that works to investigate and compensate victims of uninsured driver accidents. Every UK road insurer is required to be a member and pay fees to help fund the organisation. Therefore, if you’re involved in a road traffic accident with an uninsured driver or a hit and run, you could seek compensation through the MIB.

Negligence

Negligence is when a duty of care is breached, and this leads to someone suffering harm. This definition extends to both personal injury claims and medical negligence claims.

No Win No Fee Agreement

A No Win No Fee agreement is a type of contract between a client and solicitor, ensuring that you won’t pay any solicitor service fees if your claim is unsuccessful. It also requires that a success fee is deducted if your claim is a success. Please note that our panel of expert solicitors operate on a No Win No Fee basis.

Occupier’s Liability

The Occupier’s Liability Act 1957 imposes a legal obligation on occupiers to ensure the reasonable safety of all visitors to their premises. Occupier’s liability therefore relates to the responsibility that they have, whether it be in cafes, restaurants or fairgrounds.

Pre-Action Protocols

Pre-Action Protocols are the civil procedure rules that must be followed during the claims process. The protocols are slightly different in nature depending on the type of claim. For instance, the Pre-Action Protocols for personal injury claims differ from the medical negligence protocols.

Fortunately, our experienced panel of solicitors can help you navigate the claims process, ensuring that stringent deadlines are met.

Protective Proceedings

Protective proceedings can be issued if a claim is nearing the end of its limitation period. In doing this, the time limit is essentially paused, and your claim is prevented from being time-barred. 

Public Liability

Public liability is imposed on those in control of public spaces, such as occupiers, to ensure the safety of visitors. If an owner of a public claim fails to ensure your safety and you suffer injuries as a result, you could make a public liability claim.

Settlement

A settlement is the final compensation amount that is agreed upon by both the claimant and the defendant. Once a settlement has been agreed and the sum has been paid, the legal matter is usually considered closed.

Solicitor

Solicitors are types of lawyers who have undergone training and achieved qualifications, allowing them to conduct reserved legal activities. For most legal cases, a solicitor will be instructed to primarily deal with your claim and negotiate a settlement on your behalf. If your case is issued to court, a barrister will alternatively be instructed. 

Solicitor’s Regulation Authority (SRA)

The Solicitors Regulation Authority (SRA) exists as the professional regulator for solicitors and law firms across England and Wales. All solicitors must have a practicing certificate from the SRA in order to work.

The SRA also established a Code of Conduct that all solicitors must uphold during their practice; any failure to meet this standard may result in disciplinary action.

Special Damages

Special damages is a head of claim that aims to compensate you for any financial losses you may have suffered due to harm or an injury. Provided that you have supporting evidence, you could include any lost earnings, travel expenses and medical costs as part of your claim. Please note that this head of claim accounts for both past and future losses, and so your special damages payment may be significantly higher compared to general damages. 

Split Liability

Split liability is where a person is deemed to have contributed to the accident occurring. This often applies in road traffic collisions where 2 or more parties are not navigating the roads in a safe manner. For instance, two drivers could both attempt to overtake without indicating, leading to a collision.

Statement Of Evidence

This is the written summary of facts that is submitted to a judge. In essence, this statement informs the judge of the evidence that both parties will bring before the court. 

Success Fee

This is the fee that will be paid to your solicitor if your claim is successful. Under a Conditional Fee Agreement (CFA), the percentage of the fee is legally capped at 25%; this will be subtracted from your compensation.

Time Bar

A time bar will occur if a limitation period has lapsed, meaning that your claim can no longer be pursued. Once a time limit period lapses, there are no relevant exceptions.

Trial

A trial is also known as a court hearing, which is the final stage of a legal dispute. Most cases are settled before court through countless negotiations or types of alternative dispute resolution. However, court proceedings may need to be issued in certain cases. In doing this, both parties will instruct barristers to present their arguments.

There are different types of trials depending on the matter at hand. For instance, a judge will make the decision in civil matters, such as medical negligence and personal injury claims. As for criminal trials, the decision is often reached by a jury with a guilty or not guilty verdict.

Witness

A witness is a person who saw an incident occur. A solicitor can help obtain statements from a witness to give their account of what happened to provide supporting evidence. 

Wrongful Death

Wrongful deaths are essentially fatalities that could have been avoided by a third party. If a loved one has suffered a wrongful death in an accident, a fatal accident claim can be made. Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased can claim for the pain and suffering of a loved one prior to their death, as well as any financial losses they incurred.

The Fatal Accidents Act 1976 allows certain dependents to claim for the impact that the death has had on them. Please get in touch with one of our friendly advisors to learn more about making a claim for a wrongful death. 

More Information

To learn more about the types of claims you could pursue, please see some of our other guides:

• Learn how to sue for a psychological injury
• Get help with making a head injury at work claim
• See the following advice on how to sue a hospital

Additional external resources:

• Learn about when to call 999 from the NHS
• See the following advice on statutory sick pay (SSP) from Gov.UK
• Get help with managing sick leave and return to work from HSE

Thank you for taking the time to read through our legal glossary page. If you have any questions or queries, please don’t hesitate to contact our friendly team today.