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Fraser Counselling Center
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Browse Counselling Experts Bar and Club Terms by Letter
# A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A penalty imposed on a person involved in a case if he or she, for example, fails to comply with directions or refuses to consider an alternative to court. Even though a person wins a case, the judge may order them to pay the other party’s costs
Paying a debt or settling an obligation by an act or deed
A period in which something is held
Delivery by post, or in person, of the claim form, or other court documents
See judgment set aside
A voluntarily agreement by the claimant and defendant to settle their civil case.
An officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution
Queens Counsel, a senior barrister sometimes referred to as a leader or leading counsel
A written summary of the main points of a case to be heard by an appeal court.
Spoken words which have a damaging effect on a person's reputation
The path that defended claims of no more than £5,000 (and personal injury and housing disrepair claims of no more than £1,000) are allocated to
Member of the legal profession chiefly concerned with advising clients and preparing their cases and representing them in some Courts. May also act as advocates before certain Courts or tribunals
A specific and easily calculable amount of money, such as a debt owed to a claimant
A type of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated claim
A person occupying land or property without the owners consent
The occupation of land or property without the owner’s consent
See directions
A written account by a witness of the facts of details of a matter
The statement of case contains the outline of the claimant’s case and includes: (i) a claim form, (ii) the particulars of claim – where these are not included in the claim form; (iii) the defence and (iv) a reply to the defence (v) any counterclaim
Every statement of case must be verified by a statement of truth, signed by the parties involved. A statement of truth is a statement that says that a party believes the facts they have written down are true
A document issued by the delegated authority (usually a Government Minister or committee) named within an act of parliament which affects the workings of the original Act, e.g. The County Courts Act 1984 confers authority on to the County Court Rule Committee to make rules relating to the operation of the County Courts act
A suspension of court proceedings. This remains in effect until an order has been followed. No action may be taken in the case other than an application to have the stay lifted. A case can also be stayed when an offer of payment is accepted or if the court feels it is necessary
An order following which judgment cannot be enforced without leave of the court
The court can strike out a case (prevent all further proceedings) if a party fails to comply with a rule, practice direction or court order. It can also happen if it appears there are no reasonable grounds for bringing or defending a claim. Either party (the defendant or the claimant) can ask the court to strike a case out
A summons issued to a person directing their attendance in Court to give evidence
Legal proceedings commenced by petition
Person bringing a suit before the Courts
When a court makes a cost order it may make a summary assessment of costs immediately after it has made the order. The court will usually make a summary assessment
A judgment obtained by a claimant where there is no defence to the case or the defence contains no valid grounds. A summary judgment can be obtained without a trial or hearing. A defendant can also obtain summary judgment if he or she can establish that the claimant has no real prospect of succeeding on the claim. You have to apply to the court for a summary judgement hearing to take place
(see INDICTABLE, EITHER WAY OFFENCE) A criminal offence which is triable only by a Magistrates Court
A procedure by which the court when making an order about costs, orders payment of a sum of money instead of fixed costs or detailed assessment
A review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its verdict
Order to appear or to produce evidence to a court
Order to attend for jury service
Order to appear as a witness at a hearing
Collective name encompassing - High Court of Justice, Crown Court and Court of Appeal
A person's undertaking to be liable for another's default or non-attendance at Court
A custodial sentence which will not take effect unless there is a subsequent offence within a specified period

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