Glossary of Civil and Family Procedure Terms

A

Acknowledgement of Service:

A form filled in by a defendant (in civil cases) or respondent (in family cases) to confirm they have received a claim form or application, and to indicate whether they intend to defend the case or dispute the application. It's not a defence itself, just an initial response.

Adjournment:

The postponement or putting off of a court hearing or trial to a later date. This can happen for various reasons, such as to allow parties to gather more evidence, for a barrister to attend another court, or if a judge is unavailable.

Advocate:

A general term for someone who speaks on behalf of another in court. This could be a solicitor, barrister, or even a lay (non-lawyer) advocate in some limited circumstances.

Affidavit:

A written statement of evidence confirmed on oath or by affirmation (a solemn declaration for those who object to taking an oath). It's sworn before an authorised person, such as a solicitor, and is used as evidence in court. Less common now, with witness statements often preferred.

Allocation (in Civil Procedure):

The process by which the court decides which "track" a civil claim should follow. There are three main tracks: Small Claims Track, Fast Track, and Multi-Track, each with different procedures and cost implications. The allocation depends on the value and complexity of the claim.

Alternative Dispute Resolution (ADR):

Methods of resolving disputes outside of traditional court litigation. Common examples include mediation, arbitration, and conciliation. Courts often encourage parties to try ADR before or during proceedings to save time and costs.

Amended/Amendment:

A change or correction made to a court document, such as a claim form, defence, or witness statement. Leave (permission) from the court is often required to make significant amendments once proceedings have started.

Ancillary Relief (now Financial Orders):

The old term for applications made in family proceedings (usually divorce or dissolution) for financial provision, such as maintenance, property adjustment orders, and lump sum orders. Now officially called "Financial Orders."

Applicant:

The person who starts a court application or makes a request to the court in existing proceedings.

Application Notice:

A formal document used to ask the court to do something specific, such as extend a deadline, set aside a judgment, or make a particular order.

Arbitration:

A form of ADR where an independent third party (the arbitrator) hears both sides of a dispute and makes a binding decision. This decision is usually final and enforceable like a court order.

Arrears:

Money that is overdue and should have been paid, for example, maintenance arrears or rent arrears.

Assets:

Anything of value owned by a person or company, such as property, savings, investments, or pensions. These are often considered in financial remedy proceedings.

Assessment of Costs:

The process by which the court determines the amount of legal costs that one party must pay to another. This can be done summarily (on the spot) or in detail (after a full assessment hearing).

B

Barrister:

A lawyer who specialises in advocacy (representing clients in court) and giving expert legal opinions. Barristers are often instructed by solicitors.

Beneficiary:

A person who stands to benefit from a trust, will, or other legal arrangement.

Brief:

Instructions given to a barrister by a solicitor, outlining the facts of the case, the legal issues, and the desired outcome.

Burden of Proof:

The responsibility to prove a fact or facts in court. In most civil and family cases, the person bringing the claim or application has the burden of proving their case.

C

Case Management:

The process by which the court actively controls the progress of a case, setting timetables, giving directions, and encouraging settlement. This is designed to ensure cases are dealt with justly and efficiently.

Certificate of Service:

A document confirming that a particular court document has been properly delivered (served) to another party.

Chambers:

A set of offices from which barristers operate. Also, a term for a hearing that takes place in a judge's private room rather than an open court, often for more informal or administrative matters.

Charge/Charging Order:

A legal arrangement where a debt is secured against a property. A charging order is a court order that effectively places a "charge" on a debtor's property, giving the creditor some security over the debt.

Claim Form (CPR Part 7):

The main document used to start a civil court case. It sets out the claimant's case and what they are asking the court for.

Claimant:

The person who starts a civil court case (the equivalent of an applicant in family cases).

Civil Partnership:

A legal relationship for same-sex couples, similar to marriage, offering similar legal rights and responsibilities.

Conciliation:

A form of ADR where an independent third party (the conciliator) helps parties to reach an agreement, often by suggesting possible solutions. Less formal than mediation.

Consent Order:

A court order that is made by agreement between all the parties involved in a case. Once approved by the court, it has the same legal force as any other court order.

Contempt of Court:

Disobeying a court order, showing disrespect to the court, or interfering with the administration of justice. It is a serious offence that can lead to fines or imprisonment.

Contested Hearing:

A court hearing where the parties disagree on the facts or the law and the judge has to make a decision after hearing evidence and arguments from both sides.

Costs:

The legal expenses incurred by parties in a court case, including solicitor's fees, barrister's fees, and court fees. The court often decides which party should pay the costs of the proceedings.

Costs Budget/Budgeting:

In many civil cases, parties are required to prepare a detailed estimate of their future legal costs. The court then approves or adjusts these budgets, and parties are generally limited to recovering no more than their budgeted costs.

Counsel:

Another term for a barrister.

Court of Appeal:

The second-highest court in England and Wales, which hears appeals from the High Court, Crown Court, and certain tribunals.

Cross-Examination:

The questioning of a witness by the opposing party's legal representative during a court hearing, designed to test the witness's evidence or credibility.

D

Damages:

Monetary compensation awarded by the court to a claimant for loss or injury suffered as a result of a civil wrong (e.g., breach of contract, negligence).

Default Judgment:

A judgment entered by the court without a full trial, usually because a defendant has failed to respond to a claim form or failed to comply with a court order.

Defendant:

The person against whom a civil claim is brought.

Defence:

The document filed by a defendant in a civil case, setting out their response to the claimant's allegations and why they believe the claim should not succeed.

Directions:

Instructions given by the court to the parties about how a case should proceed, including timetables, what evidence needs to be filed, and when hearings will take place.

Disclosure:

The process by which parties in a civil or family case are required to reveal to each other the existence of documents relevant to the case. This can include financial documents, emails, medical records, etc.

Discovery (now Disclosure):

The older term for the process of revealing relevant documents.

Dispute Resolution Appointment (DRA) (Family Procedure):

A hearing in family financial proceedings where the judge helps the parties to try and reach an agreement and gives directions for the future management of the case if an agreement isn't reached.

Divorce:

The legal ending of a marriage.

Draft Order:

A proposed version of a court order, often prepared by one party and then submitted to the court and other parties for approval or amendment.

E

Enforcement:

The process of ensuring that a court order is complied with, especially if a party refuses to obey it. This can involve various methods, such as bailiffs, charging orders, or attachment of earnings orders.

Estate:

All the property and possessions belonging to a person, especially at the time of their death. Relevant in probate and inheritance disputes.

Evidence:

Information presented to the court to prove or disprove a fact, including witness statements, documents, and expert reports.

Ex Parte (now Without Notice):

A legal term meaning "from one party." An "ex parte" or "without notice" application is one made to the court without giving prior notice to the other party, usually only in very urgent circumstances.

Expert Witness:

A person with specialised knowledge or experience in a particular field, who can give an impartial opinion to the court on matters within their expertise (e.g., a medical expert, an accountant).

F

Fast Track (Civil Procedure):

One of the three tracks for civil claims, generally for claims between £10,000 and £25,000. It has a stricter timetable and simpler procedures than the Multi-Track.

Fee Remission:

A reduction or waiver of court fees for individuals who meet certain financial eligibility criteria.

Financial Orders (formerly Ancillary Relief):

The current term for court orders relating to money and property made following a divorce or dissolution of a civil partnership.

First Directions Appointment (FDA) (Family Procedure):

An early hearing in family financial proceedings where the judge gives initial directions for the case, identifies issues, and encourages settlement.

Form E:

A detailed financial disclosure form used in family financial proceedings, requiring parties to set out all their assets, liabilities, income, and expenditure.

G

Guardian ad Litem (now Children's Guardian):

An independent person appointed by the court to represent the best interests of a child in certain family proceedings (e.g., care proceedings). They are now usually referred to as a "Children's Guardian."

H

Hearing:

A formal meeting in court where a judge considers a case or part of a case, hears arguments, and sometimes evidence, before making a decision.

High Court:

One of the senior courts in England and Wales, dealing with complex and high-value civil cases, as well as appeals from lower courts.

I

Injunction:

A court order that either prohibits a person from doing something (a "prohibitory injunction") or requires them to do something (a "mandatory injunction"). Often used to prevent harm or preserve the status quo.

Interim Order:

A temporary court order made during the course of proceedings, which remains in force until a final order is made or until a specified date.

Interrogatories:

A list of specific questions that one party can ask another party to answer in writing, under oath. Less common now than other forms of disclosure.

J

Joint Experts:

Expert witnesses appointed jointly by both parties in a case to provide an independent opinion. This is often encouraged by the court to save costs.

Judge:

A public official appointed to hear and decide cases in a court of law.

Judgment:

The final decision of the court in a civil case, determining the rights and obligations of the parties and often including an order for one party to pay damages or costs.

Judicial Review:

A type of court proceeding where a judge reviews the lawfulness of a decision or action made by a public body.

L

Lawyer:

A general term for a legal professional, including solicitors and barristers.

Legal Aid:

Government funding to help people pay for legal advice, mediation, and representation in court, usually for those on low incomes and for certain types of cases (e.g., some family and housing matters).

Legal Executive (CILEx Lawyer):

A qualified legal professional who has completed a specific training route (through CILEx – Chartered Institute of Legal Executives) and can undertake many of the same tasks as a solicitor.

Litigation:

The process of taking a dispute to court.

Litigant in Person (LiP):

A person who represents themselves in court without a solicitor or barrister.

M

Maintenance:

Regular payments made by one person to another, typically a former spouse or parent, for their financial support or the support of children.

Master (Civil Procedure):

A judicial officer in the High Court who deals with procedural matters, case management, and some interim hearings in civil cases.

Mediation:

A voluntary and confidential form of ADR where an independent third party (the mediator) helps parties to communicate and negotiate to reach a mutually acceptable agreement. The mediator does not make decisions.

Multi-Track (Civil Procedure):

One of the three tracks for civil claims, generally for claims over £25,000 or those of particular complexity, regardless of value. It has the most detailed and flexible procedures.

N

Notice:

Formal notification of something, such as a court hearing, an application, or a requirement to do something.

Nuptial Agreement:

A pre-nuptial or post-nuptial agreement. A contract entered into by a couple, either before (pre-nuptial) or after (post-nuptial) marriage, setting out how their assets would be divided in the event of divorce. While not strictly legally binding, they are increasingly given weight by the courts if properly made.

O

Oath:

A solemn promise to tell the truth, made by a witness in court or when swearing an affidavit.

Order:

A formal decision or direction made by a court or judge.

Out-of-Court Settlement:

An agreement reached between parties to resolve a dispute without the need for a full court hearing or trial. Often formalised by a consent order.

P

Parental Responsibility (PR):

All the rights, duties, powers, responsibilities, and authority that a parent has in relation to a child and their property. This includes making decisions about education, health, and upbringing.

Particulars of Claim (CPR Part 16):

A detailed statement within or attached to the Claim Form in a civil case, setting out the specific facts and legal grounds upon which the claimant relies.

Party/Parties:

The people or organisations involved in a court case (e.g., claimant and defendant, applicant and respondent).

Permission (Leave):

The court's authorisation or approval that must be obtained before a party can take a particular step in the proceedings (e.g., to appeal, or to amend a statement of case).

Petitioner (Family Procedure):

The person who starts divorce or dissolution proceedings.

Pleadings (Civil Procedure):

The formal written documents exchanged between parties in a civil case, setting out their respective cases (e.g., Claim Form, Particulars of Claim, Defence, Reply).

Pre-Action Protocol:

A set of guidelines that parties are expected to follow before starting formal court proceedings in certain types of civil cases. These protocols aim to encourage early settlement and proper exchange of information.

Probate:

The legal process of proving a will and administering the estate of a deceased person.

Pro Bono:

Legal work undertaken free of charge for the public good, often for clients who cannot afford legal representation.

Provisional Assessment (Civil Procedure):

A quick and paper-based assessment of legal costs where the court reviews the parties' costs budgets and makes a decision without a full hearing. For costs up to £75,000.

Q

Questionnaire:

A list of questions requesting further details about a person's financial circumstances, usually in response to gaps or omissions in their Form E in financial proceedings.

R

Record of Issues (Family Procedure):

A document often used in family financial proceedings to summarise the points of agreement and disagreement between the parties, helping to focus discussions and identify the issues for the court to decide.

Registrar (Family Procedure):

A judicial officer in the Family Court who deals with financial and children applications, similar to a Master in the Civil Courts.

Remedy:

The legal means by which a right is enforced or a wrong is redressed, usually in the form of damages or an injunction.

Reply to Defence:

A document filed by a claimant in a civil case responding to points raised in the defendant's defence.

Respondent:

The person against whom a family application is made, or the person who is responding to a civil appeal.

S

Sanction:

A penalty imposed by the court for failing to comply with a rule or order (e.g., striking out a defence, an order to pay costs).

Service/Serve:

The formal process of delivering court documents to another party in accordance with the rules, ensuring they have proper notice.

Set Aside:

To cancel or nullify a previous court order or judgment.

Small Claims Track (Civil Procedure):

One of the three tracks for civil claims, generally for claims up to £10,000 (or £1,000 for personal injury/housing disrepair). It has simplified procedures and limited recovery of legal costs, making it more accessible for litigants in person.

Solicitor:

A lawyer who provides legal advice, prepares legal documents, and represents clients in various legal matters. They can also represent clients in court, particularly in lower courts.

Statement of Case (Civil Procedure):

A collective term for the formal written documents setting out each party's case in civil proceedings, including the Claim Form, Particulars of Claim, Defence, and Reply.

Stay/Staying Proceedings:

A temporary halt to court proceedings. A case can be stayed for various reasons, for example, to allow parties to attempt mediation or to await the outcome of another related case.

Strike Out:

A court order that removes all or part of a statement of case (e.g., Claim Form, Defence) if it discloses no reasonable grounds for bringing or defending the claim, or is an abuse of process.

Subpoena (now Witness Summons):

An older term for a court order compelling a witness to attend court to give evidence or produce documents. Now commonly called a "witness summons."

Summary Assessment of Costs:

A quick assessment of legal costs by the court, usually at the end of a hearing, without a detailed breakdown. For smaller amounts or simple cases.

Summary Judgment:

A judgment granted by the court without a full trial, where the court believes that one party has no real prospect of succeeding on their claim or defence.

T

Trial:

The main court hearing where a judge (or sometimes a jury in civil cases, though rare in England & Wales) hears all the evidence and arguments from both sides and makes a final decision.

Trust:

A legal arrangement where assets are held by one or more people (trustees) for the benefit of others (beneficiaries). Relevant in family finance cases involving inherited wealth or business structures.

U

Undertaking:

A solemn promise given to the court by a party, which has the same force as a court order. Breach of an undertaking can lead to contempt of court.

Uncontested Divorce/Dissolution:

A divorce or dissolution where both parties agree to the divorce/dissolution and to the reasons for it, making the process simpler and quicker.

V

Vary/Varying an Order:

To change or modify an existing court order. This can sometimes be done if there has been a significant change in circumstances since the original order was made.

W

Without Prejudice:

A legal term indicating that a communication (e.g., a letter, an offer of settlement) cannot be used as evidence in court if negotiations fail. It's designed to encourage parties to negotiate freely.

Witness Statement:

A written statement signed by a person (the witness) setting out the evidence they intend to give in court. It must contain only facts that the witness can prove.

Witness Summons:

A court order compelling a person to attend court to give evidence or produce documents.