Legal Terms

Alternative Dispute Resolution (ADR)
A means of settling a potential claim without the expense and trouble of going through formal court proceedings. Alternatives include mediation or conciliation.

Claimant
The person who makes the claim.

Clinical negligence
Clinical negligence is simply another term for medical negligence – it means exactly the same thing

Counterclaim
An argument or defence in reply to the claim made by the Claimant.

Cross-Examination
Questioning the witnesses from the other side to determine if they are telling the truth. This could allow the questioner to advance the case.

Damages
Compensation awarded by the Court.

Defendant
The person that the claim is made against.

Disclosure
Informing each side what documents they each hold for their client which are relevant to the case.

Enforcement
To force an unsuccessful Defendant to comply with the judgment against them. A procedure carried out in the County Court or High Court.

Examination-in-Chief
Process of gaining evidence through questioning of the witnesses.

Filing
Placing the documents at the Court.

Letter of Claim
Letter sent to the defendant warning that settlement should be made before court proceedings are taken.

Minor
Person under 18

Mitigation
To take reasonable steps to reduce your losses.

Particulars of Claim
Statement of terms setting out details of the claim against the Defendant.

Pre-action Protocol
Steps to be taken set out in a statement before commencing a court case.

Small Claims
Claims worth less than £5000 are dealt with through the Small Claims track.

Statement of Case
The formal documents presented to the court, giving details of the claim against the parties. These are usually the Particulars of Claim, Defence and Counterclaim.

Without Prejudice
Correspondence between parties, kept confidential and not revealed to the court until after the hearing.

Witness Statement
A witnesses signed statement setting out their evidence.

Witness Summons
A document issued by the court to compel the witness to attend court for questioning.

Victim of a medical error?Contact our Medical Negligence Specialists today

Our team specialise in medical negligence compensation claims. So for a free first appointment and free no obligation first interview,

  • Call us on FREEPHONE 0800 1404544
  • Or use the contact form below

Comments or questions are welcome.

* indicates required field