Legal Glossary
A | B | C | D | E | F | G | H | I | J | L | M | N | O | P | Q | R | S | T | U | V | W
| A | |
| Accused | The person charged. The person who has allegedly committed the offence |
| Acknowledgement of service | Form of reply to, or confirmation of, service of process |
| Acquittal | Discharge of defendant following verdict or direction of not guilty |
| Act | Law, as an act of parliament |
| Action | see CLAIM |
Adjourned generally or sine die |
Temporary suspension of the hearing of a case by order of the Court (maybe for a short period, e.g. to next day or sine die). See LATIN TERMS |
| Adjudication | Judgment or decision of a Court or tribunal |
| Administration order | An order by a County Court directing a debtor to pay a specified monthly installment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis |
| Admiralty actions | see High Court |
Adoption |
An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage |
| Adultery | Voluntary sexual intercourse between a married person and another person who is not the spouse, while the marriage is still valid. This is a common fact relied on for divorce |
| Advocate | A barrister or solicitor representing a party in a hearing before a Court |
| Affidavit | (see Statement) A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it |
| Affirmation | Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath, that the evidence he/she is giving is the truth |
| Allocation questionnaire | Issued to all parties after a defence has been filed. This form details all the evidence to be used as well as the required domestic arrangements for the trial |
| Alternative dispute resolution | An alternative method by which parties can resolve their dispute - could be arbitration |
| Ancillary relief | Additional claims (e.g. in respect of maintenance) attached to the petition for divorce/judicial separation/nullity |
| Annul | To declare no longer valid |
| Appeal | Application to a higher Court or authority for review of a decision of a lower Court or authority |
| Appellant | Person who appeals |
| Applicant | Person making the request or demand, e.g. person who issues an application |
| Application | The act of applying to a Court |
| Appraisement or appraisal | Valuation of goods seized under warrant of execution prior to sale |
| Assisted person (legally) | A party to legal proceedings who is receiving legal aid |
| Attachment of earnings | An order that directs an employer of a debtor to deduct regularly an amount, fixed by the Court, from the debtor's earnings and pay that sum into Court |
| Award | Result of an arbitration hearing or the amount of damages assessed by a Court |
| B | |
| Bail | Release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions |
| Bailiff | Officer of the County Court empowered to serve Court documents and execute warrants |
| Bankrupt | Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986 |
| Bar | The collective term for barristers |
| Barrister | (see Counsel; Silk) A member of the bar: the branch of the legal profession which has rights of audience before all Courts |
| Bench warrant | A warrant issued by the judge for an absent defendant to be arrested and brought before a Court |
| Bill of costs | (see Taxation of costs, Summary assessment and Detailed assessment. |
| Bill of indictment | A written statement of the charges against a defendant sent for trial to the Crown Court, and signed by an officer of the Court |
| Bind over | In the Crown Court or (more usually) the Magistrates Court, and signed by an officer of the Court |
| Bind over for sentence | An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty to be enforced |
| Brief | Written instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and setting out the facts of the case and any case law relied upon |
| C | |
| Case conference | Usually the first hearing in a Multi track claim and an opportunity to take stock and consider the way forward |
| Case number | A unique reference number allocated to each case by the issuing Court |
| Caution | i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person's knowledge ii) Warning, given by a Police Officer, to a person charged with an offence iii) Warning, given by a Police Officer, instead of a charge |
| Caveat | A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat |
| Certificate of Legal Aid Costs | A certificate of costs allowed following taxation by a judicial or taxing officer (Previously referred to as an Allocatur) |
| Cessate | A grant of representation of limited duration which has ceased and expired |
| Chambers | i) Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings ii) Offices used by a barrister |
| Chancery Division | see High Court |
| Charge | A formal accusation against a person that a criminal offence has been committed (see also Charging order) |
| Charging Order | An order directing that a charge be registered at the Land Registry on property owned by the debtor. This is also a form of enforcing civil debt. An order preventing the sale or disposal of a property until the charge has been cleared |
| Circuit Judge | A judge who sits in the County Court and/or Crown Court |
| Civil | Matters concerning private rights and not offences against the state |
| Civil Justice Reforms | The result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April 1999 |
| Claim | Proceedings issued in the County or High Court. Previously know as an Action |
| Claimant | The person issuing the claim. Previously known as the Plaintiff |
| Claim form | The form that a claim is issued on. Previously known as a Summons |
| Codicil | An addendum signed and executed which amends or adds something to a will |
| Commissioner of Oaths | Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence |
| Committal | i) Committal for trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge iii) Committal Order: An order of the Court committing someone to prison iv) Committal Warrant (see WARRANT OF COMMITTAL) |
| Common Law | The law established, by precedent, from judicial decisions and established within a community |
| Compensation | Sum of money to make up for or make amends for loss, breakage, hardship, inconvenience or personal injury caused by another |
| Concurrent Sentence | A direction by a Court that a number of sentences of imprisonment should run at the same time |
| Concurrent Writ | A duplicate of the original writ bearing the same date and expiring at the same time as the original |
| Conditional Discharge | A discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time |
| Conduct Money | i) Money paid to a witness in advance of the hearing of a case as compensation for time spent attending Court ii) Commonly used to describe expenses paid to a debtor to cover the costs of traveling to Court |
| Consecutive Sentence | An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences |
| Contempt of Court | Disobedience or wilful disregard to the judicial process |
| Contributory Negligence | Partial responsibility of a claimant for the injury in respect of which he/she claims damages |
| Co-respondent | A person named as an adulterer (or third person) in a petition for divorce |
| Corroboration | Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases |
| Counsel | A Barrister |
| Count | An individual offence set out in an indictment |
| Counterclaim | A claim made by a defendant against a claimant in an action. There is no limit imposed on a counterclaim, but a fee is payable according to the amount counterclaimed |
| County Court | Sometimes inaccurately referred to as the Small Claims Court, County Courts deal with civil matters including all monetary claims up to £15,000. Many County Courts have extra powers which enable them to deal with divorce and other family proceedings, bankruptcy actions, matters relating to children and cases involving ships and boats known as admiralty actions. Some County Courts are also branch offices of the High Court known as District registries |
| Court | Body with judicial powers (see also Court room) |
| Court of Appeal | Divided into: i) civil and, ii) criminal divisions and hears appeals: i) from decision in the High Court and County Courts and, ii) against convictions or sentences passed by the Crown Court, (see also Public trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc) |
| Court of Protection | The branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs |
| Court room | The room in which cases are heard |
| Covenant | A formal agreement or a contract constituting an obligation to perform an act |
| Creditor | A person to whom money is owed by a debtor |
| Criminal | Person who has been found guilty of a criminal offence |
| Crown Court | The Crown Court deals with all crime committed for trial by Magistrates Courts. Cases for trial are heard before a judge and jury. The Crown Court also acts as an appeal Court for cases heard and dealt with by the Magistrates. The Crown Court can also deal with some civil and family matters. |
The Crown Court is divided into tiers, depending on the type of work dealt with. First Tier
Second Tier
Third Tier
|
|
| Damages | An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract |
| Debtor | Person owing money to another party |
| Decree | An order of the Court in proceedings commenced by petition |
| Decree Absolute | A final certificate, resulting from an application, dissolving a marriage |
| Decree Nisi | Order for divorce unless cause to contrary is shown within a set period |
| Declaration | Court order setting out the rights of a party in the form of a statement |
| Deed | A legal document which sets out the terms of an agreement, which is signed by both parties |
| Default Judgment | Obtained by the claimant as a result of the failure of a defendant to comply with the requirements of a claim i.e. reply or pay within a 14 day period after service of the claim |
| Defendant | Person sued; person standing trial or appearing for sentence |
| Deponent | Person giving evidence by affidavit |
| Deposition | A statement of evidence written down and sworn on oath, or by affirmation |
| Designated Civil Judge | A Judge designated to deal with the Civil Justice Reforms for a group of courts |
| Detailed Assessment (of costs) | Where costs are dealt with by the drawing of a bill of costs |
| Determination | Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable |
| Devi | Person to whom freehold land is given by a will |
| Disability | The inability of a person to handle their own affairs (e.g. through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation |
| Discovery of documents | (see INSPECTION OF DOCUMENTS) Mutual exchange of evidence and all relevant information held by each party relating to the case |
| Discontinuance | Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case |
| Dismissal | To make order or decision that a claim be ceased |
| District Judge | A judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as Registrars |
| District Registrar | see District Judge |
| District Registry | see High Court |
| Divisional Court | As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals. The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court. The Divisional Court of the Queen's Bench Division deals largely with certain appeals on points of law from many Courts. The Divisional Court of the Family Division deals largely with appeals from Magistrates Courts in matrimonial matters a 'next friend' or 'guardian ad litem' |
| Divorce | Dissolution or nullity of marriage |
| Dock | Enclosure in criminal Court for the defendant on trial |
| E | |
| Either-way Offence | (see Indictable Offence, Summary Offence) An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury |
| Enforcement | Method of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court |
| Entry of Judgment | Decision of the Court in favour of one or other of the parties |
| Estate | The rights and assets of a person in property |
| Execution | (see Levy) Seizure of debtors goods following non payment of a Court order |
| Executor | A person or persons specified to carry out the provisions of a will |
| Exempt | To be freed from liability or allegiance |
| Exhibit | Item or document referred to in an affidavit or used as evidence during a Court trial or hearing |
| Expert Witness | Person employed to give evidence on a subject in which they are qualified or have expertise |
| F | |
| Family Division | see High Court |
| Fast Track | The path that defended claims of more than £5000 but not more than £15000 are allocated to |
| Fee | Monies payable on issue of an claim or subsequent process |
| Fiat | A decree or command |
| Fieri-Facias (FI-FA) | (see Sheriff) High Court version of warrant of execution in County Court. A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt |
| G | |
| Garnishee | A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant |
| Guarantor | Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement |
| Guardian | A person appointed to safeguard/protect/manage the interests of a child or person under mental disability (see Next Friend) |
| H | |
| High Court | A civil Court which consists of three divisions:- i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander; ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship; iii) Chancery - property matters including fraud and bankruptcy |
| High Court Judge | see Judge and High Court |
| I | |
| Indictable Offence | A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence |
| Infant | Also known as a minor: A person under 18 years of age which prevents them from acting on their own behalf in legal proceedings (see Next Friend) |
| Injunction | An order by a Court either restraining a person or persons from carrying out a course of action or directing a course of action be complied with. Failure to carry out terms of the order may be punishable by imprisonment |
| Insolvency | see Bankrupt |
| Inspection of Documents | (see Discovery of documents) Following disclosure of each parties documents by discovery, the arrangements made by the parties to allow mutual exchange and copying of documents |
| Interlocutory | Interim, pending a full order/decision, e.g. interlocutory judgment for damages pending further hearing to assess amount to be awarded and entered as final judgment |
| Interpleader | A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership |
| Intestate | Without leaving a will |
| Issue | To initiate legal proceedings in pursuit of a claim |
| J | |
| Judge | An officer appointed to administer the law and who has authority to hear and try cases in a Court of law |
| Judgment | Final decision of a Court A monetary judgment requires the payment of a sum of money by one party to another |
| Judicial/Judiciary | i) Relating to the Administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge |
| Junior Counsel | (see Counsel; Silk) A member of the bar: the branch of the legal profession which has rights of audience before all Courts |
| Jurat | A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken |
| Juror | (see Jury) A person who has been summoned by a Court to be a member of the jury |
| Jury | Body of jurors sworn to reach a verdict according to the evidence in a Court |
| Justice of the Peace | A lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence |
| Jurisdiction | The area and matters over which a Court has legal authority |
| Juvenile | Person under 17 years of age |
| L | |
| Landlord and Tenant Act | Act which empowers applications (seeking extension of a lease or some other action concerning tenancy |
| Law | The system made up of rules established by an act of parliament, custom or practice enjoining or prohibiting certain action (see also Common Law) |
| Law Lords | Describes the judges of the House of Lords who are known as the Lords of Appeal in ordinary |
| Leading junior counsel | A senior barrister who deals with more serious cases, but not a QC. |
| Lease | The letting of land or tenements, e.g. rent etc, for property for a prescribed period |
| Legal Aid | Facility for the fees and expenses of counsel, solicitors or other legal representatives retained by those of modest means to be paid from a fund administered by the Legal Aid Board |
| Legal Personal Representative | The person to whom a grant of probate or letters of ADMINISTRATION has been issued |
| Legatee | Person to whom personal estate is given by will |
| Letters of Administration | Authority granted by a Probate Registry to someone interested in the estate of a person who has died without leaving a will. The order allows the 'administrator' to carry out the duties relating to the estate |
| Levy | (see Execution and Fi-Fa) A duty carried out by a bailiff or sheriff under the authority of a warrant or writ of fi-fa, for a sum of money whereby goods of value belonging to the debtor are claimed with a view to removal and sale at a public auction in an attempt to obtain payment |
| Libel | A written and published statement/article which infers damaging remarks on a persons reputation |
| Licence | Permission to carry out an act that would otherwise be considered illegal |
| Lien | A legal right to withhold the goods/property of another until payment is made |
| Listing Questionnaire | This form is used to ensure that all issues are resolved and that the parties are ready for trial. Used for Fast track and Multi track claims only |
| Litigation | Legal proceedings |
| Long Vacation | Period between 1 August and 30 September in each year during which there are only restricted High Court sittings for urgent matters |
| Lord Chancellor | The cabinet minister who acts as speaker of the House of Lords and oversees the hearings of the Law Lords. Additional responsibilities include supervising the procedure of Courts other than Magistrates or Coroners Courts and selection of judges, magistrates, queens counsel and members of tribunals |
| Lord Chief Justice | Senior judge of the Court of Appeal (Criminal Division) who also heads the Queens Bench Division of the High Court of Justice) |
| Lord Justice of Appeal | Title given to certain judges sitting in the Court of Appeal |
| M | |
| Magistrates Court | A Court where criminal proceedings are commenced before justices of the peace who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. Also has jurisdiction in a range of civil matters (see also Stipendiary Magistrate) |
| Maintenance Pending Suit | A temporary order for financial provision made within divorce proceedings until such time as the proceedings are finalised (i.e. by issue of the Decree Absolute) |
| Master | (see Registrar) Judicial officer of the High Court in the Royal Courts of Justice who normally deals with preliminary matters before trial |
| Master of the Rolls | Senior judge of the Court of Appeal (Civil Division) |
| Matter | (see Originating Application) Proceedings commenced by way of originating application |
| Mesne Profits | Sum of money claimed by the owner of property against someone not legally entitled to be in possession. Calculated from the date the notice to quit expires until the date possession is given up |
| Minor | Someone below 18 years of age and unable to sue or be sued without representation, other than for wages. A minor sues by a next friend and defends by a guardian |
| Mitigation | Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence |
| Mortgage | A loan of money advanced to purchase property. The transfer of the property is withheld as security for payment |
| Mortgagor | The party obtaining the loan |
| Mortgagee | The party that advances the loan |
| Motion | An application by one party to the High Court for an order in their favour |
| Multi Track | The path that defended claims over £15000 are allocated to |
| N | |
| Next Friend | (see GUARDIAN) A person representing a minor or mental patient who is involved in legal proceedings |
| Non-Molestation | An order within an injunction to prevent one person physically attacking another |
| Non-Suit | Proceedings where the plaintiff has failed to establish to the Court's satisfaction that there is a case for the defendant to answer |
| Notary Public | Someone who is authorised to swear oaths and certify the execution of deeds |
| Notice of Issue | Notice sent by a Court to the claimant giving notification of the case number allocated to their action and details of fees paid. Confirms date of service |
| Notice to Quit | Gives prior notice, when served in possession proceedings, of termination of a tenancy |
| Nullity | Application to the Court for a declaration that a marriage be declared 'void' or be annulled i.e. declared never to have existed or to have subsisted until the Court dissolved it |
| O | |
| Oath | (see AFFIRMATION) A verbal promise by a person with religious beliefs to tell the truth |
| Official Receiver | A civil servant who works for the Department of trade and Industry and is appointed by the Court to act as:- i) a liquidator when a company is being wound up; ii) a trustee when an individual is made bankrupt. The duties of an official receiver will include examining the company/bankrupt's property which is available to pay the debts and distributing the money amongst the creditors |
| Official Solicitor | A solicitor or barrister appointed by the Lord Chancellor and working in the Lord Chancellor's Department. The duties include representing, in legal proceedings, people who are incapable of looking after their own affairs i.e. children/persons suffering from mental illness |
| Oral Examination | A method of questioning a person under oath before an officer of the Court to obtain details of their financial affairs |
| Order | A direction by a Court |
| Originating Application | (see MATTER) A method of commencing proceedings under the authority of a specific act of parliament, e.g. Landlord and Tenant Act, whereby the applicant asks the Court to grant an order in their favour |
| Ouster | An order within an injunction to force a person to leave a property |
| P | |
| Particulars | Details relevant to a claim |
| Party | Any of the participants in a Court action or proceedings |
| Party and Party | Costs that one party must pay to another |
| Patient | A person who is deemed incapable of handling his/her own affairs by reason of mental incapacity and who is under the jurisdiction of the Court of Protection |
| Penal Notice | Directions attached to an order of a Court stating the penalty for disobedience may result in imprisonment |
| Personal Application | Application made to the Court without legal representation |
| Personal Service | Personal delivery (i.e. not by mail) of a claim, summons or notice |
| Petition | A method of commencing proceedings whereby the order required by the petitioner from the Court is expressed as a prayer, e.g. the petitioner therefore prays that the marriage be dissolved (divorce proceedings) |
| Petitioner | A person who presents the petition |
| Plaintiff | see CLAIMANT |
| Plaint Note | see NOTICE OF ISSUE |
| Plaint Number | Old-fashioned term for Claim Number |
| Plea | A defendant's reply to a charge put to him by a court; i.e. guilty or not guilty |
| Pleading | Documents setting out claim/defence of parties involved in civil proceedings |
| Possession Proceedings | Legal proceedings by a landlord to recover land/property i.e. house, flat, garage etc |
| Power of Arrest | An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order |
| Precedent | The decision of a case which established principles of law that act as an authority for future cases of a similar nature |
| President of the Family Division | Senior judge and head of the family Division of the High Court of Justice |
| Pre-trial Review | A preliminary appointment at which the DISTRICT Judge consider the issues before the Court and fixes the timetable for the trial |
| Probate | The legal recognition of the validity of a will |
| Process | The document commencing a claim or subsequent action |
| Prosecution | The institution or conduct of criminal proceedings against a person |
| Prosecutor | Person who prosecutes (see PROSECUTION) |
| Public trustee | A person (usually a barrister or solicitor) appointed by the Lord Chancellor as i) trustee for trusts managed by the Public trust Office; ii) Accountant General for Court Funds; iii) Receiver (of last resort) for Court of Protection patients |
| Puisne Judge | (Pronounced Puny) High Court judge. Any judge of the High Court other than the heads of each division. The word puisne means junior and is used to distinguish High Court judges from senior judges sitting at the Court of Appeal |
| Putative Father | The alleged or supposed father of an illegitimate child |
| Q | |
| QC | See Queen's Counsel |
| Quash | To annul; i.e. to declare no longer valid |
| Quantum | In a damages claim the amount to be determined by the court |
| Queens Bench Division | see HIGH COURT |
| 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 |
| R | |
| 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 |
| 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 |
| Redetermination | An application by a solicitor or counsel for amounts assessed by determination to be reconsidered |
| 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 |
| Remand | To order an accused person to be kept in custody or placed on bail pending further Court appearance |
| Respondent | The person on whom a petition or originating application is served |
| Right of Audience | Entitlement to appear before a Court in a legal capacity and conduct proceedings on behalf of a party to the proceedings |
| S | |
| Service | Delivery by post or personal service of the claim, or other court documents |
| 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 |
| SLANDER | Spoken words which have a damaging effect on a person's reputation |
| Small Claims Track | The path that defended claims of no more than £5000 (and Personal Injury and Housing Disrepair claims of no more than £1000) are allocated to |
| 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 |
| Specified Claim | A type of claim which is issued for a fixed amount of money allegedly owing. Previously known as a liquidated claim |
| Squatter | A person occupying land or property without the owners consent |
| Statement | A written account by a witness of the facts of details of a matter |
| Statuary 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 |
| Stay of Execution | An order following which judgment cannot be enforced without leave of the court |
| Stipendiary Magistrate | A legally qualified and salaried Magistrate |
| 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 |
| Summary Assessment (of costs) | Where the question of costs is dealt with at the conclusion of the hearing |
| Summary Judgment | Judgment obtained by a plaintiff where there is no defence to the case or the defence contains no valid grounds |
| Summary Offence | (see INDICTABLE, EITHER WAY OFFENCE) A criminal offence which is triable only by a Magistrates 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 |
| Summons | Order to appear or to produce evidence to a Court Also the old name for a claim form |
| Summons (Jury) | Order to attend for jury service |
| Summons (Witness) | Order to appear as a witness at a hearing |
| Supreme Court of Judicature | Collective name encompassing - High Court of Justice, Crown Court and Court of Appeal |
| 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 |
| T | |
| 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) |
| Testor | A person who makes a will |
| Tipstaff | An officer of the Supreme Court whose duties involve the enforcement of High Court arrest warrants |
| Tort | A civil wrong committed against a person for which compensation may be sought through a civil Court, e.g. personal injury, negligent driving, libel etc |
| Trial Window | A period of time within which the case must be listed for trial |
| Tribunal | A group of people consisting of a chairman (normally solicitor/barrister) and others who exercise a judicial function to determine matters related to specific interests, e.g. VAT tribunal - appeals against the amount of duty levied by Customs and Excise Lands tribunal - appeals against the valuation of land |
| Trust | Property legally entrusted to a person with instructions to use it for another person (or persons benefit) |
| Trustee | A person who holds or administers property in a trust for another (or others) |
| U | |
| 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 |
| V | |
| Verdict | The finding of guilty or not guilty by a jury |
| Vice Chancellor | Senior judge and head of the Chancery Division of the High Court of Justice (although the Lord Chancellor is the nominal head) |
| W | |
| 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 |
| 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. transfer to a different school, medical treatment etc |
| Wardship | High Court action making a minor a ward of court |
| 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 |
| Warrant of Execution | Method of enforcing a judgment for a sum of money whereby a bailiff is authorised, in lieu of payment, to seize and remove goods belonging to a defendant for sale at public auction |
| Warrant of Possession | Method of enforcing a judgment for possession of a property whereby a bailiff is authorised to evict people and secure against re-entry |
| 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 |
| Will | A declaration of a person's intentions to distribute his/her estate and assets |
| Winding up | The voluntary or compulsory closure of a company and the subsequent realisation of assets and payment to creditors |
| Witness | A person who gives evidence in Court (see also EXPERT WITNESS) |
| Writ of Summons | (see CLAIM) |
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