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Litigation and the Court Process - The Jargon
Legal jargon can be very confusing for clients. In a series of articles within our news area, we have tried to explain some of those terms that you may hear during a court case, an employment dispute or a house move.
In our first article, we look at Litigation and the Court process, and some of the expressions that you may hear during a civil court case in the County Court.
Claim Form: A Claim Form is the document that is completed by the party bringing the claim, who is known as the Claimant. The Claim Form is sent to by the Claimant or their solicitors to the Court with the fee required to start the claim. At the Court, the Claim Form is processed by the Court office who “issue the Claim Form”. This starts the Court claim. The Claim Form is then sent to the Defendant, who is the party that the claim is being brought against. Up until around 1998, the Claim Form was called a Writ or Summons.
Statements Of Case: Each party in a claim needs to explain either why they are bringing their claim or why they dispute the claim. These documents are called Statements of Case. The Claimant will need to explain why the claim is being brought. The Claimant will usually attach to the Claim Form a Particulars of Claim or complete a box within the Claim Form for those details. This is information about the Claim and why the Claimant believes they are entitled to bring the Claim. Likewise, the Defendant produces a document setting out their points of dispute, explaining why they do not agree with the Claim. This document is called a Defence. Sometimes, the Defendant may also have their own claims against the Claimant, and it is possible for the Defendant to include these within their Defence as claims. These claims by the Defendant are called Counterclaims or Part 20 Claims after the section within the court rules that allows claims of this type.
Statements of Truth: In many of the documents that a party sends to the Court to support their case, it is necessary to include a “Statement of Truth”. This is a written statement in the document that the person signing the document believes that the contents are true. The Statement of Truth is not a formality and it is important that a document is checked carefully before signing the Statement of Truth.
Allocation Questionnaire: Once the Claim Form has been sent to the Defendant and the Defendant has prepared their Defence and sent it to the Court, the Court has to decide how the claim will proceed through the Courts’ system. To do this, the Court needs information from both parties about the case to help the Court manage the case. This information is obtained by asking the parties to each complete an Allocation Questionnaire. This is a standard document which the parties fill out and provide details about who they wish to call as witnesses, how long they believe the final hearing may take and when they are available to attend the Court.
Allocation: Once the Allocation Questionnaires have been returned to the Court, the Judge who manages the case will decide how to allocate the case within the Courts’ system. There are three routes that a case can take through to a final hearing. These routes are called “Tracks”, and there are three possible routes. A route for small value cases of £5,000 or less – these cases are usually allocated to the “Small Claims Track”. A route for medium sized cases (£5,000 to £15,000 in value) - these cases are usually allocated to the “Fast Track”. Finally, a route for larger valued claims of £15,000 or more – these cases are usually allocated to the “Multi Track”.
Disclosure: This is a stage in court proceedings when the parties share information. Each party has to tell the other what documents they have in their possession or control. The purpose of disclosure is to make available documents which either support or undermine the respective parties' cases. It is designed to allow the court to do justice between the parties with "all the cards on the table". Each party is under an obligation to search for and disclose documents currently or formerly in their control. A “document” includes all media on which information is recorded – not just paper. It includes electronic information, and can in principle extend to deleted data and metadata. Documents which each party must disclose under a standard disclosure order are documents on which the party relies, and documents which adversely affect its own case, adversely affect another party's case and support another party's case. A party cannot refuse to disclose a document because it does not help them.
Trial: This is the occasion when a decision is reached. A Trial will be in front of a Judge and the parties will be able to present their evidence to the Judge. For claims allocated to the Small Claims Track, the process is simplified, and a Small Claims Hearing rather than a Trial is arranged. For Fast Track cases, the Trial is usually limited to one day.
Judgment: This is the Judge’s final decision on who wins and who loses. The Judgment will set out who is obliged to do what. For example, the Defendant must pay the Claimant £25,000 within 14 days. The Judgment may also set out who is to pay the costs of the court action.
"At Bradshaw Hollingsworth Solicitors, we are aware that often obtaining the Judgment is only half the battle."
Enforcement Action: If the Judge orders the Defendant to pay the Claimant a sum of money, but the Defendant still does not pay, it is necessary to take “Enforcement Action”. These are various methods that can be used for trying to force the Debtor to pay. Examples include applying for Charging Orders on property, instructing a Bailiff or High Court Enforcement Officer to visit the Debtor or applying for a Third Party Debt Order, which is a order requiring someone who owes the Debtor money to pay the Creditor directly.
Bradshaw Hollingsworth provide specialist legal advice in the areas of Employment Law, Litigation, Commercial, Insolvency, Debt Recovery, Wills & Probate and Property, including residential conveyancing, house sales, house purchases and re-mortgages. For more information about our services please contact Greg Hollingsworth of Bradshaw Hollingsworth Solicitors, 19 New Walk, Leicester on 0116 204 2500 or by email at greg.hollingsworth@bhlaw.co.uk.
Partners: Robin Bradshaw and Greg Hollingsworth - Bradshaw Hollingsworth is regulated by the Solicitors Regulation Authority.
