Dispute resolution glossary

We have outlined some useful terms that come up in cases of dispute resolution and commercial litigation.

Action - bringing a claim through the court

Alternative Dispute Resolution (ADR) - a different way of resolving a civil dispute without taking court action

Application - a formal request to the court

Barrister - a lawyer who specialises in giving advice and advocacy.

Claim - the action you are taking through the court

Claim form - the court form that has to be completed and sent to the court to start legal action

Claimant - the person starting the claim

Conditional Fee Agreement (CFA) - an arrangement in which solicitors act on a ‘no win no fee’ basis

Damages - financial compensation for a civil wrong

Defendant - person who action is being brought against

Expert - a person who has expertise in a relevant profession and can therefore give the court an independent professional opinion.

Letter of Claim - a letter informing the defendant that you intend to take court action

Liability - what you are responsible for legally

Limitation period - the time limit you have in which to take court action

Mediation - negotiating a settlement with the assistance of a neutral third party

Ombudsman - the authoritative body that can investigate complaints about services

Particulars of Claim - the main issues as to why legal action is being taken. These are normally stated on the claim form

Remedy - the type of order the court makes to make amends

Small claims - a claim through the court that is relatively straight forward and of low value

Solicitor - a fully qualified and trained lawyer who is responsible for the day to day conduct of a claim