Copy of `HMCS - Law terms`

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HMCS - Law terms Category: Legal Date & country: 10/01/2008, UK Words: 404

Writ of Summons
(see CLAIM)

Written evidence - statement
A written statement of relevant facts which is submitted to the court.

Witness
A person who gives evidence in Court, called to give evidence because they witnesses an event (see also Expert witness)

Witness summons
A document issued by a court which requires a person to give evidence in court or to produce a report or other documentation for the court

Winding up
The voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors

Will
A declaration of a person's intentions to distribute his/her estate and assets

Warrant of Restitution
A remedy available following illegal re-entry of premises by persons evicted under a warrant of possession. The bailiff is authorised to evict all occupants found on the premises and re-deliver the premises to the plaintiff

Warrant of Possession
This gives court bailiffs the authority to take possession of a property and evict the defendant in cases, where an order for possession has been granted by a court.

Warrant of Execution
A method of enforcing a judgment, The bailiff is authorised to remove goods belonging to a defendant from their home or business for sale at public auction.

Warrant of Committal
Method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is imprisonment; the bailiff is authorised to carry out the arrest and deliver the person to prison (or in some instances the Court)

Warrant of Delivery
Method of enforcing a judgment for the return of goods (or value of the goods) whereby a bailiff is authorised to recover the goods (or their value) from the debtor and return them to the creditor

Wardship
High Court action making a minor a ward of court

Ward of Court
The title given to a minor who is the subject of a wardship order. The order ensures that custody of the minor is held by the Court with day to day care of the minor being carried out by an individual(s) or local authority. As long as the minor remains a ward of Court, all decisions regarding the minors upbringing must be approved by the Court, e.g …

Walking Possession
A signed agreement by a debtor not to remove goods levied by a bailiff under the authority of a warrant of execution and to allow the bailiff access at any time to inspect the goods, in consideration of which the bailiff leaves the goods in the possession of the debtor

Voluntary
Something is voluntary when it is entered into without compulsion, as a result of the free choice of the person(s) concerned

Vice Chancellor
Senior judge and head of the Chancery Division of the High Court of Justice (although the Lord Chancellor is the nominal head)

Vexatious litigant
A person who regularly brings court cases which have little chance of succeeding. The Attorney General can apply to the High Court for an order to prevent such as person form starting legal proceedings without permission.

Verdict
The finding of guilty or not guilty by a jury

Varied order
If a defendant has been ordered to pay an amount in full or by instalments, which they cannot afford, they can ask the court to vary the order to allow payment by instalments or by reduced instalments

Unspecified Claim
A claim where the amount to be awarded is left to the Court to determine, e.g. damages to be assessed for personal injuries. Previously known as an unliquidated claim

Unspecified amount of money
An unspecified amount of money is one which is not precise. For example, if you are claiming damages (compensation) for loss or injury, you might not be able to work out exactly what those damages are

Trustee
A person who holds or administers property in a trust for another (or others)

Undertaking
A promise, which can be enforced by law, made by a party (person) or their legal representative during legal proceedings

Trust
Property legally entrusted to a person with instructions to use it for another person (or persons benefit)

Tribunal
A tribunal is a body outside of the court structure. They hear disputes relating to specific areas such as immigration, employment and some tax matters and adjudicate on them. Tribunals are thought to be cheap and fast and allow expert knowledge to be applied

Trial contents
The contents of the trial include any written statements and documents in trial bundles

Trial Window
A period of time within which the case must be listed for trial

Trial (civil)
Civil trials are generally held before one or more judges without a jury. The form and length of a civil trial will depend on the track to which the case has been allocated

Trial bundles
These are the documents that are likely to be referred to in a trial or tribunal hearing. Identical bundles are prepared for the judge and the parties to the case

Trial
A public hearing in which the evidence in a case, and the law which applies, are examined

Track allocation
See Allocation Case management tracks Allocation questionnaire

Tort
An action in tort is a claim for damages to compensate the claimant for harm suffered. Such claims arise from cases of personal injury, breach of contract and damage to personal reputation. As well as damages, remedies include an injunction to prevent harm occurring again

Tipstaff
An officer of the Supreme Court whose duties involve the enforcement of High Court arrest warrants

Third party debt order
An order issued by a Claimant, against a third party, to seize money or other assets in their keeping, but belonging to the debtor. Orders can be granted preventing a defendant from withdrawing money from their bank or building society account. The money is paid to the claimant from the account. A third party debt order can also be sent to anyone w …

Testor
A person who makes a will

Third party
Person who is not party to a legal case, but may be relevant because he or she owes the defendant money. In that case the defendant can issue a third party notice against such a party

Telephone hearing
Hearings which can be conducted by telephone unless otherwise ordered are: all allocation hearings listing hearings case management hearings and interim applications. They are under an hour. Any other application, requires the consent of all the parties and the agreement of the court

Tenant
A person which holds land or property under a lease

Technology and Construction Court
A specialist court which deals with disputes in the construction industry. It is part of the Queen`s Bench Division of the High Court.

Taxation of Costs
(see SUMMARY ASSESSMENT and DETAILED ASSESSMENT) An examination of a solicitor's bill in civil proceedings by a Court to ensure that all charges against the legal aid fund are fair and reasonable (see also PARTY AND PARTY COSTS which are also examined by a Court)

Surety
A person's undertaking to be liable for another's default or non-attendance at Court

Suspended Sentence
A custodial sentence which will not take effect unless there is a subsequent offence within a specified period

Supreme Court of Judicature
Collective name encompassing - High Court of Justice, Crown Court and Court of Appeal

Summons (Witness)
Order to appear as a witness at a hearing

Summons (Jury)
Order to attend for jury service

Summons
Order to appear or to produce evidence to a court

Summing-up
A review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its verdict

Summary procedure
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

Summary Offence
(see INDICTABLE, EITHER WAY OFFENCE) A criminal offence which is triable only by a Magistrates Court

Summary Judgment
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 …

Summary Assessment (of costs)
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

Subpoena
A summons issued to a person directing their attendance in Court to give evidence

Suit
Legal proceedings commenced by petition

Suitor
Person bringing a suit before the Courts

Striking a case out (striking out)
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

Stay of Execution
An order following which judgment cannot be enforced without leave of the court

Stay
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

Statutory Instrument
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

Statement of truth
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

Statement of case
The statement of case contains the outline of the claimant`s case and includes: (i) a claim form, (ii) the particulars of claim â€` where these are not included in the claim form; (iii) the defence and (iv) a reply to the defence (v) any counterclaim

Statement
A written account by a witness of the facts of details of a matter

Squatter
A person occupying land or property without the owners consent

Squatting
The occupation of land or property without the owner`s consent

Standard directions
See directions

Specified amounts of money
A specific and easily calculable amount of money, such as a debt owed to a claimant

Specified Claim
A type of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated claim

Solicitor
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

Small Claims Track
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

SLANDER
Spoken words which have a damaging effect on a person's reputation

Skeleton argument
A written summary of the main points of a case to be heard by an appeal court.

Sheriff
An officer of the Crown whose duties, amongst other things, consist of the enforcement of High Court writs of execution

SILK
Queens Counsel, a senior barrister sometimes referred to as a leader or leading counsel

Set aside judgment
See judgment set aside

Settlement
A voluntarily agreement by the claimant and defendant to settle their civil case.

Service
Delivery by post, or in person, of the claim form, or other court documents

Satisfaction
Paying a debt or settling an obligation by an act or deed

Security of tenure
A period in which something is held

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

Sanction
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

Restitution
Where a defendant who has been evicted by a bailiff illegally re-enters the property the claimant must issue a warrant of restitution with the court in order to regain possession

Response pack
A response pack is sent to the defendant in a civil claim with the claim form or with the particulars of claim (if they were served separately). The pack contains all the forms needed to reply to the claim

Respondent (Family)
The person on whom a petition or originating application is served

Respondent (Civil & Crime)
The defending party (person) in an appeal or in a petition to the courts. See also Appellant

Remand
To order an accused person to be kept in custody or placed on bail pending further Court appearance

Representation
See Legal representation

Released
A witness is released (freed from an obligation or duty) by the court, when he or she has given evidence in a case

Registry Trust Limited (RTL)
The company contracted to the Ministry of Justice to maintain the Register of Judgments Orders and Fines. You can find out if an individual or a company at a particular address has unsatisfied (unpaid) court judgments against them by searching the Register of Judgments, Orders and Fines. There is a small fee for this. You can get further informatio …

Registrar
(see DISTRICT JUDGE) Registrars and deputy registrars were renamed DISTRICT Judges and Deputy DISTRICT Judges respectively in the Courts and Legal Services Act 1990

Redetermintaion (civil)
If the defendant or claimant objects to the rate of repayment set by a court officer, the judge will decide on the matter. See Determination.

Redetermination (criminal)
An application by a solicitor or counsel for amounts assessed by determination to be reconsidered

Recorder
(also Assistant Recorder) Members of the legal profession (barristers or solicitors) who are appointed to act in a judicial capacity on a part time bases. They may progress to become a full time judge

Receiver
Person appointed by the Court of Protection to act on behalf of a patient

Recognisance
An undertaking before the Court by which a person agrees to comply with a certain condition, e.g. keep the peace/appear in court. A sum of money is normally pledged to ensure compliance

Re-allocation
Transferring the case from one allocated track to another. This can happen if the value of the case increases

Queens Bench Division
A division of the High Court. The QBD has jurisdiction (reasonability for) civil disputes involving the recovery of money, including breach of contract; personal injuries; libel and slander

Queen's Counsel
Barristers of at least ten years standing may apply to become queen's counsel. QCs undertake work of an important nature and are referred to as 'silks' which is derived from the Courts gown that is worn. Will be known as king's counsel if a king assumes the throne

Quasi-judicial functions
A quasi-judicial function is an executive function that involves the exercise of discretion (judgment). Court staff perform quasi-judicial executive functions such as managing the issuing of claims, serving court documents and deciding what would be reasonable for the defendant to pay â€` for example, see determination.

QC
See Queen's Counsel

Quantum
In a damages claim the amount to be determined by the court

Quash
To annul; i.e. to declare no longer valid