Speak to us on 0114 266 6660
Wake Smith Twitter
Wake Smith Linked In
Wake Smith Facebook

Litigation Glossary

Adjournment

The postponement of a hearing of a case until a later date.

Admission

Where one party admits the truth about all or part of the other party’s case at any stage during the case.

Advocate

A barrister or solicitor representing a party in a hearing before a Court.

Alternative Dispute Resolution

An overall description of the various methods of resolving disputes without legal action.

Appeal

Application to a higher Court or other body for review of a decision taken by a lower Court or Tribunal.

Appellant

A person appealing to a higher Court against the decision made in a lower Court.

Application

The act of applying to a civil Court to ask it to do something.

ATE Insurance

After the event insurance. Insurance which is taken out to cover some or all of the potential costs liabilities in those proceedings (particularly if the case is lost).

Breach

Breaking a contract.

Claimant

A person, firm or company bringing a Court case.

Contract

An agreement for e.g. to supply goods or perform work at a stated price. The agreement does not need to be in writing.

Costs

Fees, charges, disbursements, expenses, and remuneration in legal proceedings.

Counsel

A barrister.

Counterclaim

A claim made by a Defendant against a Claimant in a court case.

County Court

The County Court deals with lower value civil matters such as disputes over contracts, unpaid debts and negligence claims. The County Court is where most civil cases start.

Creditor

A person to whom money is owed by a debtor.

Damages

Payment of compensation for loss or injury.

Debtor

A person who owes money to someone or to an organisation.

Defendant

A person, firm or company against whom a Court case is brought.

Disclosure

Stating usually by way of a document known as a list of documents, whether a document exists or has existed and whether you are willing to allow your opponent(s) to inspect it.

District Judge

A Judge of the County Court.

Disbursements

Money your solicitors have to pay to third parties for example an expert, Court fees or Counsel's fees.

Fixed Costs

Costs in civil cases that are set at a certain level and can be claimed in specific circumstances.

Injunction

A Court Order which either restrains a person from a course of action or behaviour or which requires a person to follow a course of action.

Lawyer

The legal profession in the UK is divided into two branches. Barrister’s have the right to represent clients in higher Courts whereas most solicitors are restricted to represent their clients in the lower courts for example the County Court.

Litigation

The process of resolving disputes through the Court system.

Mediation

An entirely voluntary private dispute resolution process in which a neutral person known as a Mediator helps the parties to reach a negotiated settlement.

Negligence

A lack of attention or care.

Pre Action Protocol

These are steps to be followed by parties to a dispute before starting legal action.

Respondent

The defending party in an appeal.

Right of Audience

Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the case.

Service

Delivery by post or in person of the Claim Form or other Court documents.

Settlement

Resolving a dispute through agreement between the parties whether before or during a Court case.

Small claims court

The County Court when dealing with a case the value of which is £10,000 or less.

Statement of costs

Schedule of a party’s costs in litigation.

Without prejudice

The without prejudice rule prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them.

Contact Us

Get expert legal advice from one of Sheffield’s most respected law firms, Wake Smith Solicitors.

Our team of friendly, professional solicitors in Sheffield can provide support and advice in a wide range of areas for you and your business. Call our Sheffield Solicitors on 0114 266 6660 or fill out the simple form below and we will get back to you as soon as possible. 

For all media enquiries, please contact Abby Worsnip or Billy Greenhalgh at www.agentpr.co.uk.

Important – Please read our privacy notice for more information on how we use your data.

* Indicates required field

First Name:*
Surname:*
Telephone:*
E-Mail:*
Practice Area:*
Brief description of your enquiry:*

Please enter your first name.

Please enter your surname.

Please enter your address.

Please enter your contact telephone number.

Please enter your e-mail address.

Please enter a valid e-mail address.

Please enter what method you wish to be contacted via.

Please select what practice area you are interested in.

Please enter your enquiry.

Please check the box to confirm you are not a robot.

The form has been successfully submited. Thank you for your enquiry.

New

We're Here...

Office Hours:
Monday to Friday
8:30 a.m. – 5:30 p.m.

Sheffield Head Office - City Centre
No1 Velocity
2 Tenter Street
Sheffield
S1 4BY
Tel: 0114 266 6660
Fax: 0114 267 1253
Click here to find us on Google Maps »

DX: 10534 Sheffield 1

 

Car park

There is a large public carpark operated by NCP underneath our office building, the entrance to which is located on Solly St.

Disabled Facilities

If you have any special requirements relating to accessibility or disabled facilities please contact John Liversidge on 0114 224 2075 or at john.liversidge@wake-smith.com