Legal Glossary

Our legal glossary takes a deep dive into the unfortunately complex realm of law terminology. Everyone at Accident Claims understands this, so to help you out, we’ve put together this handy jargon buster to explain many of the technical terms you might encounter both on our website and during the claims process. 

Further information, answers to your questions, and, if you’re looking to make a claim, a free eligibility check can be sought from our advisors at any time. 

Legal Glossary

Right off the top, we’re going to openly admit this legal glossary is quite long and legal terminology can be very tricky to get your head around. We’ve tried to keep things as simple as we can, but you can speak to our advisors using the contact details given above if any questions arise when reading through this.

Admission Of Liability

An admission of liability is when the defendant admits responsibility for the injury or harm someone has experienced. This can be a full or partial admission, in which some fault is admitted, but other points are disputed. 

Agreement

Sometimes used interchangeably with “contract,” an agreement is a set of terms that are accepted by 2 or more parties. For example, the Conditional Fee Agreement is a contract for legal services between a claimant and their solicitor. 

Allegation

An allegation is an accusation of wrongdoing. When making a claim, you’re making the allegation that you were harmed because a third party did not take the necessary steps to keep you reasonably safe.

Alternative Dispute Resolution (ADR)

These are methods that solicitors use to reach a settlement before taking a matter to court. Examples of ADR methods include:

• Negotiation: where the solicitors meet and discuss a mutually beneficial agreement for all parties involved in the dispute. 
• Mediation: where a third party facilitates a resolution.
• Independent Arbitration: A neutral third party reviews available evidence with the power to settle the dispute.

Appeal

Appeals are when the party that lost the claim asks a higher court to reconsider the judgment. Often, this involves presenting new evidence and arguments for why the original decision was flawed.

Arbitration

As we touched on briefly above, this is where a neutral third party, the arbitrator, facilitates a resolution between the parties involved in a dispute. The core difference between arbitration and mediation is that an arbitrator has the power to render a legally binding decision, thereby bringing the matter to a close.

Barrister

Barristers are specialist lawyers who have specific training in presenting cases in courts of law, known as advocacy. Most barristers are self-employed professionals who operate out of offices called chambers. However, there are 2 key instances where barristers are hired by organisations:

• The Crown Prosecution Service (CPS) hires barristers to act as prosecutors in criminal trials.
• Companies, charities and other organisations may hire a barrister as their exclusive legal representative. This is known as being an “in-house counsel.”

Breach Of Duty

A breach of duty is a violation of a third party’s legal responsibility to keep a person, or persons, safe. 

Causation

Causation is the chain of reasoning that explains how a series of events occurred. You may see this referred to as the “but for” test. Solicitors, judges and other legal professionals will look at the dispute and ask, “But for A, would B have occurred?” As an example, if your employer had provided sufficient manual handling training, would you have attempted to lift a box that was much too heavy and injured your shoulder?

Civil Procedure Rules (CPR)

The Civil Procedure Rules, brought in by a 1998 regulation, set out the rules of conduct for civil courts in England and Wales. The CPR dictate the processes for how claims are made, what steps must be followed and when offers to settle may be made.

Claimant

The party making the claim. Cases may have multiple claimants or just one individual. Organisations such as companies and charities can also be claimants. If you are eligible to start a claim with our expert solicitors, anywhere we talk about claimants on our website, we could very well mean you!

Compensation

Also known as damages, this is the money paid to claimants for their injuries and other losses upon the success of their claim. 

The Compensation Recovery Unit (CRU)

The Compensation Recovery Unit (CRU) is part of the Department of Work and Pensions and sets out to recover any benefits and other support payments that have been made to persons who have since received compensation for their injuries. This means that injured persons get support while waiting for a compensation payout, and then the government can recover state funds once the damages have been paid.

Conditional Fee Agreement (CFA)

The CFA is a type of No Win No Fee contract brought in by The Conditional Fee Agreements Order 2013. It gives the claimant some very desirable guarantees, including:

• No service fees to be paid to the solicitor at the start of or during the claim.
• There is also no service fee charged if the claim fails.
• A success fee will be charged if the claim is won as a percentage of the compensation, but this percentage is legally capped at 25%. 

Contributory Negligence

Where an injured person has contributed to making their injuries worse in some way, despite having nothing to do with the accident. The clearest example of this is not wearing a seatbelt in a car and then being hit by another vehicle. While the accident was not your fault, your injuries would be much more serious due to the lack of a seatbelt.

Counsel

There are a few different meanings for counsel in the English and Welsh legal system:

• An informal term for any lawyer who addresses a court of law. In the majority of cases, this will be a barrister, but not always.
• In-house counsel, as we mentioned above. These are barristers who are hired to advocate for a company or other organisations on an exclusive basis and therefore work “in-house.”
• A King’s Counsel (KC) or Queen’s Counsel (QC), depending on the current monarch, is a senior barrister with 10 or even 15 years of experience who has shown considerable ability and knowledge within their respective areas of practice. Being appointed as KC/QC is known as “taking silk” in reference to the gowns worn as part of courtroom attire.

County Court

County courts deal with civil claims such as personal injury and medical negligence, debt recoveries and landowners seeking right-of-way restrictions. The decision in County Court cases is made by the judge, as there is no jury for the majority of cases.

Court Order

Court orders are legally binding written directives issued by a judge in a court of law. They can be issued for a variety of reasons and may be either final court decisions or interim orders to pay fees, meet deadlines, or adhere to other instructions.

Criminal Injuries Compensation Authority (CICA)

The Criminal Injuries Compensation Authority (CICA) is a Ministry of Justice-sponsored agency that was established to give those injured by violent crimes a means of seeking compensation when all other avenues have been exhausted. 

Damages

Another term for compensation. There are different types of damages that can be paid out, which we examine further down.

Defendant

The party against whom a claim is being made. Possible defendants include business and non-profit organisations, your employer, a healthcare provider or a road user.

Disbursement

Disbursements are costs paid by solicitors on behalf of their clients to third parties. Examples can include court and conveyancing fees, costs associated with medical reports or expert testimony. These costs will always be disclosed upfront.

Duty Of Care

A duty of care is a legally binding responsibility for the safety and wellbeing of others. Different third parties will owe differing duties depending on the exact scenario. Duties of care can be owed by employers, drivers, those in control of public spaces and medical professionals.

Eligibility

Eligibility refers to the criteria that must be satisfied before a claim can be made. The specifics of eligibility vary between different types of claims but generally the eligibility requirements follow this pattern:

1. You were owed a duty of care.
2. This duty was breached when the third party failed to keep you safe.
3. Their family led to an accident in which you suffered injuries.

Employer’s Liability

This refers to your employer’s responsibility to protect you and your colleagues while you are at your place of work, or off-site conducting work activities. The Health and Safety at Work etc. Act 1974 stipulates that reasonable steps must be taken to protect the health, safety, and wellbeing of employees during work. If these steps are not taken and you are injured as a result, an accident at work claim could be made. 

Evidence

Also known as “proof,” evidence can refer to any number of documents, records, photographs and witness statements that confirm what happened, what injuries were sustained and who was ultimately responsible for the incident. 

Expert

Experts, or “expert witnesses,” are individuals with high levels of subject knowledge and qualifications within a relevant discipline. During the claims process, both parties can instruct experts to give professional opinions on events. As an example, a mechanical engineer may be called upon for a claim related to machinery failure.

Fundamental Dishonesty

Fundamental dishonesty is, quite simply, where a claimant is not truthful about the facts of the case, such as exaggerating the severity of their injuries, the misrepresentation of how an accident occurred or, in the most serious occurrences, telling outright falsehoods about the incident.

The consequences of being found fundamentally dishonest can include the claim being dismissed, being ordered to pay legal costs or even charges of contempt of court. While this is no doubt a serious matter, it is easily avoidable by working with a solicitor to gather sufficient supporting evidence and ensure all damages being claimed for are reasonable.

General Damages

General damages are the first of 2 heads of claim, under which compensation for physical and psychiatric injury is paid out. Put simply, this is compensation for the actual harm experienced. Solicitors can use the Judicial College Guidelines (JCG) in conjunction with any relevant medical records to determine a potential general damages figure.

Hearing

A hearing is another term for a trial, where the facts of a case and any available evidence are presented to a judge. 

Interim Payment

In certain circumstances, a judge may order payments to the claimant in the interim before the final compensation figure is settled. This is to cover costs the claimant has incurred but is unable to cover due to their injuries, such as when a claimant has been out of work but their mortgage payment is due soon.

Interim payments are deducted from the final settlement figure. 

Issue Of Proceedings

When a dispute goes to court, a claim form is submitted which details who the claim is being made against, what damages are being sought and the specific nature of the legal action. This form is then served to the defendant, as the issuing of court proceedings.

Judgment

A legal judgment has 2 key meanings:

• The final ruling in a court case. In civil matters and criminal cases heard by magistrates, it will be the judge who decides the result. For serious criminal cases heard in the crown courts, a jury will decide a guilty or not guilty verdict, after which the judge will pass a sentence and provide their closing remarks.
• Written judgments are the formal accounts of what happened during the trial. These provide clear summaries of what was being disputed and how the law was applied in this particular case.

Judicial College Guidelines (JCG)

The Judicial College Guidelines (JCG) are published by the Judicial College and set out compensation brackets for a very broad range of injuries and harms, including both physical and psychological injury. Legal professionals can refer to these brackets alongside relevant medical evidence to help calculate potential compensation figures for clients.

Letter Of Claim

A letter of claim is sent to a defendant as a formal notice of legal action being taken against them. The letter should provide a clear summary of the facts, what harm was sustained, the grounds on which the claim is being made and what is being sought in damages. 

Liability

Liability effectively means responsibility. A third party is said to be liable for your injuries if it was their breach of duty that caused them.

Limitation

A limitation period, or time limit, is the length of time you have to start your claim. Per the Limitation Act 1980, this is most commonly 3 years from the date of the accident, but as you’ll see in our dedicated time limits guide, exceptions to the rule can apply. 

Litigation

Maybe the simplest definition on this list! Litigation is quite simply the process of taking a legal matter to court.

Litigation Friend

In cases where the injured person is unable to claim for themselves, either because they are a child or lack sufficient mental capacity, another can step in and claim on their behalf. These individuals are known as litigation friends and must adhere to strict criteria in order to safeguard the best interests of the injured person.

Mediation

Mediation is a form of ADR where a neutral third party, the mediator, sits down with the representatives of both parties and helps facilitate a resolution. It is worth mentioning that a mediator does not have the power to settle the claim as an arbitrator does.

Medical Expert

Medical experts are qualified healthcare professionals from relevant fields who may be called upon to give expert opinions on the injuries that have been sustained. 

Motor Insurers’ Bureau (MIB)

The Motor Insurers’ Bureau (MIB) is an organisation that every car insurer in the UK is required to join and fund through a share of their premiums. It enables road users to seek compensation for accidents when they are unable to obtain the at-fault driver’s insurance details, either because the driver failed to stop or had no valid insurance.

Negligence

Negligence is an action or omission that falls below the expected standards of safety. For the purposes of making a claim, negligence is defined as a breach of duty that results in harm.

No Win No Fee

No Win No Fee agreements are contracts between a solicitor and their client under which no service fees are payable for the legal representative’s work in advance of a claim, nor during the process or if the case is lost. The CFA is an example of a type of No Win No Fee agreement. 

Occupier’s Liability

This is the legal responsibility of any party in control of a public area, the “occupier,” to uphold the safety of all visitors to the premises. Under the Occupiers’ Liability Act 1957, an occupier is required to take practical measures that ensure the reasonable safety of visitors. 

Part 36 Offer

This refers to Part 36 of the Civil Procedure Rules, which provides that a party may make an offer to settle the claim, whether in whole or in part. 

Pre-Action Protocols

The Pre-Action Protocols are contained within the Civil Procedure Rules and govern the claims process. All involved parties must follow these rules during the claim, and different protocols apply depending on the type of claim being made. 

Public Liability

Another term for occupiers’ liability, a public liability claim can be made against the occupier if their failure to ensure your safety while visiting the area directly led to your injuries. 

Rehabilitation

Rehabilitation refers to a number of treatments, including medical care, physiotherapy, occupational therapy and psychological counselling, that help individuals come to terms with, adapt to and recover from their injuries. 

Settlement

A settlement is the final amount of compensation agreed to by all parties to the claim. If a settlement is accepted, then the claim concludes, and the dispute is considered resolved.

Small Claims

Small claims is a streamlined legal process for civil claims of low value heard in the County Court. The cap is typically £10,000, but a limit of up to £1,500 applies to many personal injury claims. 

Solicitor

Solicitors are legal professionals who are trained and qualified to carry out reserved legal activities. This includes wills and probate, land registration and the conduct of litigation. For the most part, it will be a solicitor who handles your claim.

Solicitors Regulation Authority

The Solicitors Regulation Authority (SRA) is the professional regulator for solicitors and law firms in England and Wales. Any solicitor who works in this jurisdiction must have a valid practising certificate from the SRA in order to work legally.

The SRA also sets the professional standards for solicitors through their Code of Conduct. Solicitors who fail to uphold these standards may be subject to disciplinary actions.

Special Damages

The second head of claim is special damages, which covers the financial harm that results from your injuries, such as lost pay, medical expenses and domestic care and assistance. Special damages can cover both past and future losses meaning it is often the case that this head of claim is substantially higher than the corresponding general damages.

Success Fee

When a solicitor is instructed under a CFA, they may take a success fee from the compensation upon the claim’s success. The maximum percentage solicitors can charge for this fee is 25%. 

Third Party

A third party describes a person or organisation other than the two sides of a particular dispute. For example, in terms of motor insurance, the two parties are you and the insurer, with any other road users being third parties.

Time Bar

A claim is considered to be “time-barred” when the limitation period has expired and no extensions apply. Once a claim is time-barred, it can no longer be pursued.

Trial

Also known as a court hearing. When a dispute cannot be settled through discussions or ADR methods, a trial in the relevant court becomes necessary. There are two main types of trial:

• Criminal trials: those charged with crimes have their cases heard in the Magistrates’ courts, although more serious crimes are escalated to the Crown Courts
• Non-criminal or “civil” trials: trials for civil matters, which include personal injury, data breach, housing disrepair, and medical negligence claims, are heard in the County Court.

Without Prejudice

Without prejudice is a legal concept that protects all parties involved in a dispute from having anything they said, either written or oral, used against them as evidence in court if those statements were a genuine attempt to settle the dispute. 

Witness

A witness is anyone who saw the incident occur. This could be your colleagues, members of the public, friends and family, or even other hospital staff. Witnesses can be contacted by solicitors to provide their accounts of what happened.

While useful to have, claims can still be made if there were no witnesses, as other evidence will confirm what happened and who was at fault.

Learn More

We’ve provided a few links to some other claims guides on our website:

• Find out when a medical negligence claim could be made with this guide.
• Learn all you need to know about seeking personal injury compensation and how such payouts are determined.
• Read our guide to road traffic accident claims and find out when you could

You can also browse these external resources for further information:

• See this government overview to find out if you might be entitled to Statutory Sick Pay (SSP).
• Learn more about administering first aid following an incident with this NHS advice.
• Get guidance on collisions and incidents on the roads from the police.

Additional guidance on legal terms, as well as further information on the claims process, can be sought from our advisory team. Get in touch with us today via the contact information provided above. Thank you for taking the time to read our legal glossary.