Litigation Legal Terms

Glossary of law

Affidavit: This is a written statement made upon oath or affirmation which is signed and witnessed by the person authorized to administer oaths which is normally the solicitor.

Amendments: These are alterations of specifications of documents. This is generally due to the drafter becoming aware of new facts and circumstances or if they have simply changed their mind.

Arbitration: This is a method of resolving disputes between different parties. The right of Appeal from a decision of the arbitrator is limited by the Arbitration Act of 1979.

Burden of Proof: This is the obligation of proving facts

Certiorari: This is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organisation.

Claim Form: A claim form is used to start the proceedings in the High Court of County Court whatever the nature of the claim is.

Counter-Claim: This is a response to a claim in the form of a document and sets out all of the grounds of objection.

CPR: These are Civil Procedure Rules which are set out for the proceedings in the High Court and County Court.

Damages: this is the sum of money awarded as compensation to the claimant.

Deponent: This is the name given to someone who makes a deposition under oath.

Disclosure: This is normally a request in relation to making available of recent documents that are believed to be in the possession of other party proceedings.

Injunction: This is a court order that prohibits someone from doing something or doing something that requires somebody to do something.

Inter Partes proceedings: These are proceedings that arise between two or more parties.

Judicial Precedent: This is when a previous judicial decision or proceeding may be relied upon.

Judicial Review: This is when there is no right given to appeal but may be possible to challenge the decision of an inferior court or public tribunal by recourse to the supervisory jurisdiction of the High Court.

Jurat: This is a final statement that is signed by a person that is authorized to administer oaths indicating when the affidavit or statutory declaration was sworn, affirmed or declared.

Locus Standi: A right to be heard in court of other hearing.

Mediation: This is an alternative method of resolving disputes between parties.

Notice of Appeal: Appeals to the Patent Court from the Comptroller must be in the form of a notice of appeal.

Plaintiff: This is the claimant that was previously known as Under the Civil Procedure Rules

Precedent: This is a previous decision or proceeding which may be used.

Preliminary Hearing: This is a hearing appointed to decide a point of procedure.

Priority Document: This is a document that establishes a priority date.

Privilege: This is a parties right to refuse to disclose or produce a document or refuse to answer questions on the ground of some special interest recognized by the law.

Prohibition: This is a way of preventing allegedly unlawful or arbitrary action from taking place.

PHR: This is a pre hearing review which ensures that all the issues raised at the case management conference have been dealt with and to give any financial directions considered necessary in relation to the hearing.

Search Order: This is issued by the High Court and allows premises to be search and any infringing materials seized.

Statutory Declaration: This is a written declaration that is agreed in the presence of a Justice of Peace or somebody who is authorized to administer oaths but not made upon oath.

Stay: This imposes a halt on proceedings.

Substantive Hearings: This is the final hearing in inter partes proceedings following the Comptroller issuing a decision on the main matter in dispute.

Witness Statement: This is a signed written statement equivalent to the oral evidence which that witness would give in the hearing.