Legal Glossary

Whilst these days lawyers do try to steer clear of legalese, below you will find a glossary of some common legal terms.

    a

  • Advocacy

    A solicitor or barrister presenting a case on for a client before a court or tribunal.

  • Allodynia

    The experience of pain from normally non-painful stimuli, such as a light touch of the skin.

  • Article 75

    Where a motor insurer can exempt itself from certain Road Traffic Act obligations due to a breach of contract under the terms of the insurance policy.

    • b

  • Barrister

    A lawyer who specialises in the representation of clients before a court or tribunal.

  • Burden of Proof

    In criminal law the burden of proving a case lies with the prosecution which must prove guilt "beyond reasonable doubt".. In civil cases including compensation claims, the claimant must prove negligence or breach of statutory duty on "the balance of probabilities", ie more likely than not.

    • c

  • Cervical Spondylosis

    Degenerative arthritis (osteoarthritis) of the spinal vertebra and related tissue. Whilst there is no evidence that an accident can cause spondylosis, it is accepted that an accident may accelerate the progress of the condition.

  • Civil Procedure Rules

    Rules used in civil cases by the courts in England and Wales.

  • Common Law

    Law created by the decisions of judges.

  • Compensation Recovery Unit (CRU)

    The section within the Department for Work and Pensions responsible for recovering from insurance companies, social security benefits and hospital fees for emergency treatment paid as a result of an accident, injury or disease, where a compensation payment has been made.

  • Complex Regional Pain Syndrome (CRPS)

    A chronic progressive disease characterized by severe pain, swelling and changes in the skin. The International Association for the Study of Pain has divided CRPS into two types based on the presence of nerve lesion following the injury:

    Type I, also known as "REFLEX SYMPATHETIC DYSTROPHY" (RSD), Sudeck's atrophy, reflex neurovascular dystrophy (RND) or algoneurodystrophy, does not have demonstrable nerve lesions.

    Type II, also known as “CAUSALGIA”, has evidence of obvious nerve damage.

  • Conditional Fee Agreement

    Otherwise known as a "NO WIN/NO FEE AGREEMENT". An agreement between a solicitor and a client that the solicitor will not claim their costs if the claim is lost. If the claim is won, the solicitor will claim a "SUCCESS FEE" in addition to their basic costs. Both the basic costs and the success fee are usually claimed from the other party.

  • Contributory Negligence

    An agreement or finding that a claimant was partly to blame eg for an accident.

  • Costs

    The legal costs of pursuing a claim. Usually the loser pays the winner’s costs.

  • Counterclaim

    A claim brought against a claimant by his opponent.

    • d

  • Damages

    The financial award received upon the successful conclusion of a claim. For example "PAIN, SUFFERING AND LOSS OF AMENITY", Loss of Earnings, Future Loss of Earnings, Cost of Care, Cost of Treatment etc.

  • Disbursements

    Payments made by solicitors on behalf of their clients including, medical record fees, medical report fees, court fees and travelling expenses.

  • Duty of Care

    A legal obligation imposed on an individual or organisation, requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.

    • f

  • Fibromyalgia

    A condition characterised by chronic widespread pain, a greatly heightened and painful response to physical pressure, fatigue and other symptoms.

    • g

  • General Damages

    Compensation for the non-monetary aspects of harm suffered.

    • h

  • Hyperalgesia

    Increased pain from a stimulus that usually provokes pain.

    • i

  • Interim Payments

    Payments on account of damages made before a claim has settled.

    • l

  • Law Society

    The representative body for solicitors in England and Wales.

  • Legal Expenses Insurance

    Insurance to indemnify a claimant against legal costs. Such a policy may be taken out either "Pre-Accident" or "Post Accident".

  • Letter of Claim

    The initial letter that is sent to the party that the claimant alleges is legally responsible for causing their injury, setting out the basis on which the claim is being made.

  • Litigation Friend

    A claimant who is under 18 years of age, or who lacks mental capacity, must bring their claim through a Litigation Friend, usually a parent or guardian.

  • Loss of Congenial Employment

    A claim for damages where the claimant’s injuries have forced him to give up enjoyable work.

    • m

  • Myofascial Pain Syndrome

    A condition characterised by chronic and sometimes severe pain, associated with referred pain through very painful muscle contractures known as "trigger points".

    • n

  • Negligence

    Breach of a legal "DUTY OF CARE" owed by one party to another, which may give rise to a claim for damages.

  • Neuropathic Pain

    A condition resulting from problems with signals from nerves, so that pain signals are sent to the brain, often where there is no obvious damage to the tissues.

    • p

  • Pain Mangement

    Also called pain medicine is the medical discipline concerned with the relief of pain.

  • Pain, Suffering and Loss of Amenity

    The legal term for the type of damages awarded to a claimant to compensate them for injury, as opposed to other types of damage (for example, damages for loss of earnings).

  • Part 36 Offer

    An offer to settle a case made in accordance with Part 36 of the "CIVIL PROCEDURE RULES".

  • Personal Injury Protocol

    The written protocol introduced to encourage parties to reach a negotiated settlement without having to issue court proceedings.

    • q

  • Quantum

    The value of a claim for damages or part of a claim for damages.

    • r

  • Reflex Sympathetic Dystrophy

    A chronic progressive disease characterized by severe pain, swelling and changes in the skin. The International Association for the Study of Pain has divided CRPS into two types based on the presence of nerve lesion following the injury:

    Type I, also known as "REFLEX SYMPATHETIC DYSTROPHY" (RSD), Sudeck's atrophy, reflex neurovascular dystrophy (RND) or algoneurodystrophy, does not have demonstrable nerve lesions.

    Type II, also known as “CAUSALGIA”, has evidence of obvious nerve damage.

  • Reporting of Injuries, Diseases and Dangerous Occurences Regulations (Riddor)

    A 1995 Statutory Instrument requiring the reporting of deaths at work, major injuries caused by accidents at work, injuries to persons not at work that require hospital treatment, injuries arising from accidents in hospitals, and dangerous occurrences.

    • s

  • Solicitor

    A legally qualified person who advises on matters of law.

  • Solicitors Regulation Authority

    The regulatory body for solicitors in England and Wales.

  • Somatoform Disorder

    A condition characterised by physical symptoms that mimic physical injury or disease for which there is no identifiable physical cause

  • Special Damages

    A claimant’s quantifiable monetary losses.

  • Spondylosis

    Degenerative arthritis (osteoarthritis) of the spinal vertebra and related tissue. Whilst there is no evidence that an accident can cause spondylosis, it is accepted that an accident may accelerate the progress of the condition.

  • Statutory Duty

    A "DUTY OF CARE" created by legislation as opposed to a "COMMON LAW" duty created by judges.

  • Success Fee

    The costs award that a solicitor is entitled to claim in successful claims pursued under a "CONDITIONAL FEE AGREEMENT", in addition to their basic costs. Most success fees are now fixed.