Legal terms A-Z

The law can at times seem full of unfamiliar words and jargon. Don’t let this put you off. To help you to understand some of the more common words you will hear, we have prepared a glossary of legal terms. It is simple to use, just scroll though the list of terms until you find the definition you are seeking. Terms are listed alphabetically here, but you can view them grouped by topic if you prefer, click here.

If you are looking for the definition of an area of law (e.g. what consumer law covers), you need to visit the areas of law section. There you will find definitions for all the areas of law used on Findabarrister.co.uk.

Glossary of Legal Terms

Acknowledgment of service

In civil proceedings, a defendant may (and sometimes must) file an acknowledgement of service document if he is unable to file a defence within 14 days of being served with the particulars of claim, or contests the court’s jurisdiction to hear a claim.

Applicant

A party bringing an application is known as an applicant. Applications are usually brought within ongoing proceedings.

Attorney

Attorney is an American term which does not have any specific meaning in England and Wales. People who use this term are in essence referring to a lawyer

Bar Code of Conduct

The Bar Standards Board, the body that governs how barristers practise, has set down a code of conduct to which all barristers must adhere. It contains rules setting out what a barrister can and cannot do when he or she is providing legal advice and presenting a case in court. It is a disciplinary offence to breach the code of conduct.

Within the code of conduct are rules specifically related to public access work.

Bar Council

The Bar Council is the professional body for barristers in England and Wales. It provides representation and services for the Bar, and guidance on issues of professional practice. It does not regulate or deal with the discipline of barristers, this is performed by the Bar Standards Board.

Barrister

Barristers are specialist advocates and advisers. A barrister is able to give expert legal advice when required and can represent you in court. Barristers are not permitted to handle day to day administration or conduct of cases. Barristers group together in chambers.

Barristers’ Clerks

Barrister’s clerks can be found in almost all barristers’ chambers. Clerks do many things on behalf of their barristers. They manage and organise a barrister’s diary, they are the first point of contact when you want to instruct a barrister. Clerks deal with the financial side of a barrister’s practice, agreeing fees for pieces of work and dealing with payments. Clerks will deal with all the administration around the acceptance of instructions under Public Access and they should be your first point of call with any non-legal queries.

Bar Standards Board

The Bar Standards Board was established in January 2006 as a result of the Bar Council separating its regulatory and representative functions. As the independent regulatory board of the Bar Council, it is responsible for regulating barristers called to the Bar in England and Wales. It takes decisions independently and in the public interest and is not prejudiced by the Bar Council's representative function.

Its purpose is to promote and maintain excellence in the quality of legal services provided by barristers to support the rule of law. This is done by setting standards of entry to the profession and by ensuring that professional practice puts consumers first.

Chambers

All barristers are required to be self-employed. Because they are not permitted to form partnerships in the way that solicitors do, barristers form chambers. Members will share office accommodation and overheads. Every barrister’s chambers will have an experienced barrister or barristers as its head of chambers. Within chambers, there will be barristers of varying degrees of seniority from very junior barristers through to senior barristers, and sometimes QC’s. In most chambers there are barristers’ clerks who are responsible for much of the administrative work of barristers.

Civil Procedure Rules (C.P.R.)

The Civil Procedure Rules are the procedural rules which govern how civil claims are litigated through the courts. The rules are made up of 75 parts, with numerous practice directions, protocols and guides as well.

Claimant

The party who makes a claim in civil proceedings is known as a claimant. Claimants used to be called plaintiffs.

Claim Form

Proceedings under the Civil Procedure Rules generally commence with the issue of claim form. This document states who is bringing the claim and who are the defendants. It will also contain brief details of the claim, what remedies are sought, and if money is sought, the amount of money claimed. There should also be a signed statement of truth. To issue a claim form, a claimant takes a copy of a claim form to the court, a seal is affixed and the document is dated. The document will then need to be served on any defendants.

Client care letter

This is a letter which sets out the terms upon which the barrister agrees to carry out work for you. The client care letter will deal with the basis on which the barrister will carry out the work; the work to be carried out; the range of work undertaken (for example barristers will not conduct a course of correspondence on your behalf); circumstances in which the barrister must cease to act; the issue of clash of commitments; availability; fees; confidentiality and complaints procedure.

Counsel

Counsel is another term for barrister. Often you will hear a barrister described as being “of counsel”, e.g. Mr Jones of Counsel

County Court

These are the main civil courts and there are about 200 of them in England. Most civil claims are litigated there, as well as some bankruptcy and family cases. Typical claims include claims for money owed, claims for personal injury, breach of contract, claims for possession of property and, divorces and children matters.

Court of Appeal

Her Majesty's Court of Appeal is the second most senior court in the English legal system, with only the Supreme Court (formerly the Judicial Committee of the House of Lords) above it in England and Wales (see below).

The Court is divided into two divisions: the Civil Division and the Criminal Division. The court hears appeals from both the county court and the High Court and, in criminal matters, the Crown Court, although there are rights of appeal to it from other courts and tribunals (e.g. the Employment Appeal Tribunal). Permission to appeal will be required from the court below or from the Court of Appeal itself.

Defence

This is a document is prepared by the defendant and sets out the defendant’s position in respect of a claim against him/her. It will set out whether the defendant accepts the facts and allegations made in the particulars of claim. Defendants are almost always required to file and serve a defence.

Defence to the Counterclaim

Where a defendant brings a claim against the claimant, the claimant will file a defence to the counterclaim setting out which facts and allegations are accepted and which are disputed.

Defendant

The party against who a claim is made is known as a defendant.

High Court

The High Court hears the more serious civil and family cases. Cases are allocated between three divisions, the ‘Family Division’, the ‘Queens Bench Division’ and the ‘Chancery Division’ depending on what the case involves. The court also sits as an appeal court in some civil and family matters.

House of Lords/Supreme Court

The House of Lords was the highest appeal court in England and Wales until 2009. That role is now vested in its successor, the Supreme Court. Generally, cases are heard by the Supreme Court on appeal from the Court of Appeal, and permission is required to bring such an appeal from either the Court of Appeal or the Supreme Court itself.

Instructions

Barristers are 'instructed' to prepare documents or represent clients in court. When a member of the public first enters into a contract with the barrister for legal services, the barrister is receiving 'instructions' to act. When a barrister is obtaining further information from the Client, this is known as 'taking instructions'.

Instructions to Counsel

This is the name of the document barristers traditionally receive with the legal papers when the barrister is first instructed. It sets out the background to the legal matter, who is involved and what the barrister is being asked to do. For more information, click here and scroll down to 'instructing a barrister: preparing the documents' section.

Lawyer

Lawyer is an umbrella term which covers all professionals giving legal advice. Solicitors, barristers, legal executives and other legal professional and even academics come within the term “lawyer”.

Part 20 claims/Counterclaim

These are claims other than a claim by a claimant against a defendant. The most usual Part 20 claim is where a defendant makes a claim against a claimant (counterclaim).

Particulars of Claim

The particulars of claim document sets out all the main elements necessary to establish the claimant’s claim. They must include a concise statement of facts on which the claimant is relying; value of the goods, damages or other remedies sought; details of interest claimed. If the particulars of the claim are short, the particulars can be written on the claim form itself. Otherwise they should be written on a separate document; a particulars of claim can be served separately from a claim form.

Pleadings

‘Pleadings’ is an umbrella term, referring to the documents that set out each party’s facts and position and are prepared at the start for formal legal proceedings. Pleadings are also known as statements of case. The following documents are know as pleadings: (a) claim form; (b) particulars of claim; (c) the defence; (d) reply to defence; (e) defence to the counterclaim; and (f) requests for further information.

Public Access barristers

Public access barristers are normal barristers with an additional qualification. This qualification enables a Public Access barrister to accept instructions directly from members of the public. Traditionally a member of the public would have had to instruct a solicitor or other professional body first, but this is not necessary where the barrister is a Public Access barrister. To find out more, click here

Public Access Rules

These are the rules which specifically regulate barristers doing public access work, including whether or not a barrister can take work on a Public Access basis. They also deal with extra steps that a barrister needs to take in relation to a Public Access client.

Reply to a Defence

A claimant can file a reply to a defence document if the claimant wishes to reply to the facts and allegations put forward by the defendant in his/her defence.

Requests for further information

A document seeking from another party clarification of any matter already set out in a statement of case.

Respondent

A party responding to an application brought by an applicant.

Solicitor

Solicitors provide legal advice and assistance to clients. Traditionally, they have been the first port of call when a person has a legal problem. Solicitors are able to manage a client's day to day affairs, correspond with other parties and handle a client's money. Solicitors also regularly instruct barristers to provide their clients with advice and representation.

Statement of case

A statement of case is a document prepared by a party in litigation. It is designed to be a short document which formally sets out the core aspects of their position in the litigation. The phrase is an umbrella term. The following documents are know as statements of case: (a) claim form; (b) particulars of claim; (c) the defence; (d) reply to defence; (e) defence to the counterclaim; and (f) requests for further information.

Statement of truth

This is a declaration by an author of a document that the author believes the contents of the document are true. A statement of truth is usually required at the end of statements of case and witness statements.

Witness statement

This is a document which contains the evidence of a witness. It is a written record of all the relevant evidence and facts a witness can give about the issues in the case. The document must be set out in a particular way, it must be signed by the author and it must contain a statement confirming that the author believes the contents of the document are true.

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