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