Legal matters can be extremely technical, full of complex terminology and needlessly tricky language. This is something we fully appreciate, so to help you out, we’ve created this legal glossary to cover some of the most common terms you may encounter both on our pages and during the claims process.
If you have any questions or would like to find out if you could make a claim, How Much Compensation operates a 24-hour advisory service. Talk to a member of our team today using the details given here:
- Call us on 0800 408 7826.
- You can contact us online by completing a callback form.
- Open the live chat window in the bottom left of your screen.
Legal Glossary
We know there’s a lot here and getting your head around legal jargon can be a real challenge. Our explanations are hopefully as simple as possible, but if you have any questions about starting a claim, please use the contact information above.
Admission Of Liability
A fairly self-explanatory term. If the defendant admits responsibility for harm caused, this is called an admission of liability. This might be for everything that is being claimed, or it could be a partial admission, where the defendants admit responsibility for some things, but there is a dispute over others.
After The Event Insurance
After The Event (ATE) insurance, also known as litigation insurance, is a type of legal expenses insurance policy purchased after a legal dispute has already arisen. It is distinct from ‘Before The Event’ (BTE) insurance, which is bought in anticipation of potential future legal disputes, often as part of other insurance policies like car or home insurance.
Alternative Dispute Resolution (ADR)
ADR methods are means of resolving disputes without the need for a trial. Some of the most common methods include:
- Negotiation: Solicitors for all parties will meet to discuss the dispute and come to a settlement that is agreeable to all sides.
- Mediation: A third party will facilitate a resolution between the parties.
- Arbitration: Where a third party decides the dispute.
Barrister
Barristers are specialist lawyers with specific expertise and qualifications in advocacy (presenting cases in court). If a claim goes to trial, barristers will argue the case before the judge. A lot of barristers are self employed and operate out of offices called chambers, but there are 2 main instances where a barrister may be an employee:
- The Crown Prosecution Service (CPS) hire barristers to act as prosecutors in criminal trials.
- Many companies and charitable organisations will have an in-house legal counsel,a barrister who is employed exclusively to work for that organisation as their representative.
Breach Of Duty
A breach of duty means a person or organisation’s actions, or inaction, have violated their legal obligation to keep others safe.
Causation
Causation is the chain of reasoning that explains how the actions of one person or organisation caused an event to occur. You may see this referred to as the “but-for test.” What solicitors and judges need to examine is “but for A, would B have occurred?”
For example, if Driver A had not been drinking, would they have run through the red light and crashed into Driver B?
Claimant
A claimant is the party who is making the claim. This could be an individual, multiple persons, or an organisation such as a company. So, if you are eligible to make a claim with our panel of solicitors, any time you see us discussing claimants, we could be talking about you!
Compensation
Also referred to as “damages,” compensation is the money paid to the claimants by the defendant for their injuries and losses.
Compensation Recovery Unit (CRU)
A division of the Department of Work and Pensions, the Compensation Recovery Unit recovers any benefits paid once compensation has been awarded for those losses. The aim of this is to allow claimants to access support, and then recover state funds once they have their compensation.
Conditional Fee Agreement (CFA)
A No Win No Fee contract that was brought in by The Conditional Fee Agreement Order 2013 where:
- There are no solicitor fees at the start of the claim.
- No fees during the claims process.
- No solicitor fees if the claim is lost.
The only solicitor fee that is paid is the success fee if the claim is won.
Contributory Negligence
Contributory negligence is where an injured person is deemed to have contributed to their injuries in some way. The clearest example of this would be not wearing your seatbelt while stationary at a junction and then being hit by a speeding vehicle in a rear-end collision.
While you had nothing to do with the accident, by not wearing a seatbelt, you could have made your injuries much worse and therefore, the compensation you would be entitled to may be reduced.
Counsel
The term “counsel has a few meanings in English law:
- An informal term for a lawyer who presents a case in a court of law. Most of the time, this will be a barrister, but there are exceptions to this.
- An in-house counsel: a barrister who a company or other organisation hires to be their legal representative in an exclusive capacity. The Attorney General fulfils this role for the government.
- A King’s or Queen’s Counsel (KC/QC): Depending on the current monarch, a KC or QC is a senior barrister who has shown considerable knowledge, ability and experience within their field of practice. An appointment to KC/QC is colloquially referred to as “taking silk” in reference to the gowns that they wear.
Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is a Ministry of Justice sponsored agency that was set up to give those affected by crimes of violence a means of seeking compensation if other avenues are not available. This is called a criminal injury claim.
The compensation in criminal injury claims is paid out in line with the Criminal Injuries Compensation Scheme 2012 tariff. This tariff is fixed so the amount listed is what will be paid out.
Damages
Damages are another term for money paid as compensation for harm caused. There are different types of damages which we will discuss further down.
Defendant
The third party against whom the claim is made. This could be a private business, your employer, a road user or your healthcare provider.
Duty Of Care
A duty of care is a legal responsibility for the safety of another person or persons. Various parties owe different duties of care depending on the circumstances.
Employer’s Liability
Employer’s liability is your employer’s responsibility for your safety while at work. The Health and Safety at Work etc. Act 1974 imposes a requirement on employers to take reasonable steps to ensure employee safety.
What constitutes “reasonable steps” will depend on the workplace in question. Construction workers, for example, will require protective equipment and training in power tools, while office workers will not.
Employer’s Liability Insurance
Anyone who employs another person will need a valid employer’s liability insurance policy, as required by the Employers’ Liability (Compulsory Insurance) Act 1969. The policy must come from an authorised insurer and cover a minimum of £5 million.
The compensation for any successful injury at work claims will be paid out by this insurance.
Expert Witness
Expert witnesses, or just “experts,” are with a high degree of knowledge in the relevant field. Both claimants and defendants may instruct experts during the claims process to give their professional opinion on the incident.
As an example, a structural engineer could be called in a case of housing disrepair.
Fundamental Dishonesty
This is where a claimant has exaggerated the scale of their injuries or financial losses, misrepresented the facts of the incident, or, in the most severe instances, told outright falsehoods about what occurred.
If this happens, a claimant is said to be fundamentally dishonest and the court can dismiss, or “strike out,” the claim. In addition to the dismissal, the claimant may also be ordered to cover any accrued legal costs and potentially face contempt of court charges.
If you are eligible to work with a solicitor from our panel, they will help you gather as much evidence as possible and ensure that everything you are seeking compensation for can be proven.
General Damages
General damages is the head of claim under which compensation for physical and psychological harm is paid out. In other words, this is the payout for your actual injuries. Solicitors can refer to the medical evidence you provide alongside the Judicial College Guidelines (JCG) to help them determine a general damages figure for the claim.
Injury
An injury is the harm that was caused to a person during an accident. This can be either physical or psychological damage.
Interim Payments
A judge can order interim payments in cases where a compensation award looks likely but the claimant has immediate costs that mean they cannot wait for the final payout. So if a claimant has been out of work due to injury and has their rent or mortgage payment coming up and can’t afford it, the court can order some of the compensation to be paid in the interim so these costs can be met.
Any interim payments are deducted from the final settlement amount.
Issue Court Proceedings
When a claim goes to court, the solicitor will submit a claim form setting out the nature of the claim, who the claim is being made against, and what is being sought as damages. This form is then served to the defendant as an official issuing of court proceedings.
We should point out that the majority of claims can be resolved out of court through negotiations or some form of ADR. If your case does go to trial, however, a solicitor from our panel will support you every step of the way.
Judgment
Judgment can have two different meanings in legal circles:
- The final decision in a court case. In civil matters, this comes from the judge in the majority of trials. Whereas in criminal trials, most often the jury decides whether a person is guilty or not guilty, with the judge deciding the sentence and providing closing remarks.
- A judgment can also mean a written judgment, which is an account of the trial. This provides a clear summary of what transpired in the courtroom as well as how the law was applied.
Letter Of Claim
A Letter of Claim is a formal notice served to the defendant, informing them a claim is being started against them. In the letter, you should clearly state the facts of what happened, what harm was caused, on what grounds you are seeking compensation and the amount you wish to claim.
Limitation Period
Also known as a time limit, this is the period of time you have to begin any legal action. The general time limit for personal injury and medication negligence claims is 3 years, as set out in the Limitation Act 1980.
Litigation
Probably the most straightforward definition on this page! Litigation is quite simply the process of taking a legal matter to court.
Litigation Friend
Certain persons, like children and those without sufficient mental capacity, cannot make a claim for themselves. An adult who meets the suitability criteria can act as their litigation friend and direct the claim on their behalf.
Loss Of Amenity
A loss in quality of life due to an illness or injury. So if the harm you suffered means you can no longer partake in your hobbies such as sports, social activities or other daily tasks as you used to, this is considered a loss of amenity.
This is something that is considered when determining compensation values.
Motor Insurer’s Bureau (MIB)
The Motor Insurer’s Bureau (MIB) is a non profit organisation that every road insurer in the UK must be a member of and pay into. If you are involved in a road traffic accident that was not your fault, and the other vehicle has no insurance, is stolen or fails to stop (a hit and run), you can claim compensation through the MIB.
Negligence
A failure to take action that results in harm being caused. Negligence is defined as a breach of duty that causes injury for the purposes of making a personal injury claim.
No Win, No Fee Agreement
An agreement between a client and solicitor where a success fee is only paid if the claim is successful. The CFA is a type of No Win No Fee contract
Occupier’s Liability
The legal responsibility of those in control of public spaces (occupiers) to protect visitors to that area. The Occupiers’ Liability Act 1957 states that all occupiers must take steps to ensure the reasonable safety of anyone visiting their premises.
Pre-Action Protocols
The Pre-Action Protocols are the civil procedure rules for the claims process. They set out the steps that all parties must follow during the claim. A different protocol is followed depending on the nature of the claim, which means a claim for a personal injury doesn’t follow quite the same steps as a claim for clinical negligence.
Protective Proceedings
When a matter is approaching the end of its limitation period, issuing court proceedings protectively can be done to get the claim underway before the time limit expires.
Public Liability
The liability imposed on those in control of public spaces to keep visitors safe. A public liability claim can be made against the occupier if their failure to take steps to ensure your reasonable safety causes you harm.
Settlement
The settlement in a civil claim is the final amount of compensation that is agreed upon by all parties to the claim. Once a settlement is accepted, the claims process concludes and the matter is considered closed.
Solicitor
Solicitors are lawyers who undergo rigorous training and professional qualifications in order to carry out certain reserved legal activities. These activities include conducting litigation, wills and probate as well as land registration. For the majority of claimants, it will predominantly be a solicitor who deals with your case
Solicitors Regulation Authority (SRA)
The Solicitors Regulation Authority (SRA) is the industry regulator for solicitors and law firms in England and Wales. Any person wishing to work as a solicitor must have a practicing certificate from the SRA.
They also set the Code of Conduct that all solicitors are expected to uphold when providing services. The SRA may take disciplinary action against solicitors who do not meet the expected standard of service.
Special Damages
Special damages are paid out for the monetary losses caused by the harm you’ve experienced. As this head of claim accounts for both past and future losses, it is very common to see special damages payouts that are significantly higher than their general damages counterparts.
Split Liability
Split liability is when a person is deemed to have contributed to the accident, this could be an even 50/50 split between 2 people or one person could be considered more responsible than the other.
The easiest way to understand split liability is in terms of a road traffic collision.
Statement Of Evidence
The written summary of the facts of the case that is submitted to the judge. This is to inform the judge of the evidence both parties will bring to the hearing.
Success Fee
The fee paid to the solicitor if they win your case. Success fees can be determined in different ways depending on the agreement between the solicitor and their client. Our panel provided services under the CFA, which means success can only be charged at a maximum of 25% as per The Conditional Fee Agreements Order 2013.
Time Bar
A time bar occurs when the time limit expires. Once this period has elapsed, and there are no relevant exceptions, the claim is “time-barred” and can no longer be pursued.
Trial
Also referred to as a court hearing, trials take place when disputes cannot be resolved through negotiations, ADR or other discussions. The solicitors for all parties to the dispute will instruct barristers to present their case in the court.
There are different types of trials. Civil matters (personal injury, medical negligence, data breaches, housing disrepair) are heard primarily in the county courts and the judge will make the decision. In criminal trials that are heard in the Crown Court, juries decide the outcome.
Witness
A witness is any person who saw the incident take place. Witness statements will be collected by the solicitor to provide first-hand accounts of how the accident occurred.
Wrongful Death
Avoidable fatalities are deemed wrongful deaths. The estate of the deceased can make a fatal accident claim for their pain and suffering prior to death, and any financial losses as per the Law Reform (Miscellaneous Provisions) Act 1934.
Certain qualifying dependents can claim under the Fatal Accidents Act 1976 for the impact the death has had on them.
Get Help From How Much Compensation
To get help from How Much Compensation, talk to one of our advisors. We know this page has covered a lot of ground, and you surely have questions. Whether you’ve experienced a personal injury, medical negligence or a personal data breach, our expert panel of solicitors can help.
Contact Us
Check if you’re eligible to work with an expert solicitor from our dedicated panel today by speaking to our advisors:
- Call us on 0800 408 7826.
- You can contact us online by completing a callback form.
- Open the live chat window in the bottom left of your screen.
We’d like to thank you for taking the time to go through our legal glossary. For answers to any questions, or a free eligiblity check, talk to us today. Our advisors are available 24/7 via the details given above.
