Legal matters can be full of technical and complex terminology, which is something that we are mindful of. So, we’ve created this legal glossary to help you out. We have tried to cover the most common terms that you may come across while on our pages and throughout the compensation claims process.
If you have any questions at all, or would like to find out whether you could be entitled to compensation, please contact us for free today. Our advisory team at Compensation Calculator UK are on hand to assist you 24/7:
- Call 0800 408 7826
- Fill out our ‘contact us’ form.
- Send a message in our live on-screen chat box.
Legal Glossary
We understand that there is a lot of legal jargon here, and getting your head around it all can be challenging. While we have tried to ensure that these definitions are as simple as possible, if you have any questions at all about starting a compensation claim, please don’t hesitate to get in touch with us.
Admission Of Liability
A quite self-explanatory term. This is when the defendant admits responsibility for the harm caused. The defendant can either admit full liability for everything that is being claimed, or partial liability for some aspects of the claim and not for others.
After The Event Insurance
After The Event (ATE) insurance, also referred to as litigation insurance, is insurance which is taken out after a legal dispute has arisen. ATE insurance covers some, or all, of the possible liabilities expenses from the legal proceedings (particularly if the case is lost).
Barrister
A barrister is a specialist lawyer who has specific qualifications and expertise in presenting cases in court. If your claim requires a court hearing, a barrister will argue the case before the judge.
There are 2 main instances where a barrister will be employed, although a lot of them are self employed:
- The Crown Prosecution Service (CPS), where barristers are hired for criminal trials to act as prosecutors.
- Companies and charitable organisations who have an in-house legal counsel. A barrister working exclusively for these organisations will act as their representative.
Breach Of Duty
A breach of duty of care is when a third party’s actions, or inactions, have not complied with their legal obligation to keep others safe.
Causation
Causation is the reason that highlights how a third party’s actions caused an event to happen. This can also be known as the “but-for test”, where judges and solicitors review “but if it had not been for A, would B have happened?”
For example, “If Driver A had not been drink-driving, would they have swerved onto the other side of the road and crashed into Driver B?”
Claimant
The claimant is the party who is making a compensation claim. This may be a singular person, or an organisation or company.
If you’re eligible to make a compensation claim, you could be the next claimant our panel of solicitors help!
Compensation Or Damages
This is the money that is paid out to successful claimants by the defendant’s insurer to cover the harm that they have suffered.
Compensation Recovery Unit (CRU)
The Compensation Recovery Unit (CRU) is a UK body that’s part of the Department of Work and Pensions. It recovers social security benefits for the claimant once compensation has been awarded. This allows claimants to receive support, and then recover state funds after they’ve received their damages.
Conditional Fee Agreement (CFA)
This is a specific type of No Win No Fee contract that was introduced by The Conditional Fee Agreements Order 2013 where:
- The claimant is not charged with any solicitor fees before the claim starts, and while the claim is ongoing.
- The claimant is not charged with any solicitor fees at all if the claim is unsuccessful.
- If the claim is successful, the claimant’s solicitor will keep a small and legally-capped percentage of the compensation. This percentage is referred to as the ‘success fee’.
Contributory Negligence
Contributory negligence is when the claimant is deemed to have at least partially contributed to their injuries in some way. When this occurs, the compensation may be reduced accordingly (depending on the extent to which the claimant contributed to their injuries).
For example, you were sitting at a set of red traffic lights as a driver when a speeding vehicle crashed into the back of you. But, you weren’t wearing your seatbelt.
In the above case, while you did not contribute to the rear-end car accident happening at all, you potentially made your injuries worse than what they would have been by not wearing a seatbelt.
Counsel
Counsel can be defined as multiple things in English law:
- An informal name for a barrister who presents a case in court.
- A barrister who works exclusively as a legal representative for a company or organisation. This is also referred to as an ‘in-house counsel’. The government’s in-house counsel will be the Attorney General.
- A King’s or Queen’s Counsel (KC/QC). A KC or QC, depending on the current monarch, is a senior barrister who has shown to have substantial ability, experience, and knowledge within their field of practice. When a KC or QC is appointed, they are colloquially referred to as “taking silk” due to the gowns they wear.
Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is an agency sponsored by the Ministry of Justice to provide compensation to those who have been affected by a violent crime. This avenue is used when others aren’t available.
When the CICA awards criminal injury compensation, they use the fixed tariffs found in the Criminal Injuries Compensation Scheme 2012.
Damages
Damages can have two meanings:
- Another term used to describe the money that is paid out to successful claimants by the defendant’s insurer to cover the harm that they have suffered.
- The physical, psychological, and financial suffering you experience as a result of negligence. We look into these damages in more detailed further down.
Defendant
A defendant is the third party who the compensation claim is being made against. This may be a singular person or an organisation/company, such as your employer, a road user, or a healthcare provider.
Duty Of Care
Duty of care is the legal responsibility to keep others safe. Various third parties owe different duties of care depending on location and different circumstances.
Employer’s Liability
An employer’s liability refers to the legal responsibility an employer has for the health, safety, and wellbeing of their employees while at work.
The Health and Safety at Work etc. Act 1974 states that they have an obligation to take reasonable steps to ensure that their employees are safe at work.
What constitutes ‘reasonable steps’ will vary depending on the type of workplace in question. For example, employers in construction will need to provide the proper protective equipment and training in power tools, whereas employers in an office will not.
Employer’s Liability Insurance
Employer’s liability insurance covers the costs of compensation made by employees who have suffered harm at work due to their employer’s breach of duty.
The Employers’ Liability (Compulsory) Insurance Act 1969 enforces that certain employers must have a valid employer’s liability insurance policy, and the policy must:
- Come from an authorised insurer.
- Cover £5 million minimum.
Expert Witness
An expert witness is an expert who has a high degree of knowledge in the relevant field of the claim. Both claimants and defendants can instruct expert witnesses during the claims process, if they so wish, to give a professional opinion regarding the incident or injury.
For example, an expert witness in a housing disrepair claim could be a structural engineer.
Fundamental Dishonesty
Fundamental dishonesty is where a claimant has misinterpreted the facts of the incident, exaggerated the severity of their harm, or has told outright lies about what happened.
If this occurs, the claimant is said to have been fundamentally dishonest, and their claim can be dismissed or “struck out” by the court. Additionally, the claimant may be responsible for covering any accrued legal costs, and could potentially face charges for contempt of court.
If you have an eligible compensation claim, a solicitor from our panel can help you gather as much evidence as possible to ensure that your claim can be proven.
General Damages
General damages are one of the two heads of claim when compensation is awarded. This head of claim covers compensation for the physical and psychological harm that has been suffered.
When valuing your general damages, legal professionals may refer to your medical evidence and the Judicial College Guidelines (JCG), which is a publication with guideline compensation brackets for different injuries and illnesses.
Injury
An injury is the physical or psychological harm that’s been suffered following an incident.
Interim Payments
Interim payments are payments that are made to the claimant before a compensation claim is settled. They are taken out of the final compensation award, and are in place to help pay for any immediate costs that the claimant faces throughout the claim. For example, in cases where the claimant is unable to currently work due to their injury, but they need the funds to pay for necessary private hospital treatments.
Interim payments are only payable if the third party has admitted liability or the claim has a strong chance of succeeding in the claimants favour.
Issue Court Proceedings
If your claim requires a court hearing, the solicitor will send off a claim form that sets out the nature of the claim, who the defendant is, and what damages are being sought. The defendant then receives this form as an official issue of court proceedings.
It’s important to note that the majority of compensation claims are settled through negotiations or other forms of resolution before the need for court. In the unlikely case that your claim does go to trial, though, a solicitor from our panel can support you entirely through each step.
Judgement
Judgement can be defined as two different things in English law:
- The final outcome in a court case. This comes from the judge in the majority of civil matter trials. In criminal trials however, the jury will most often decide whether the defendant is guilty or not, while the judge decides the sentence and provides closing remarks.
- A written account of the trial, which provides a clear summary of how the law was applied in the courtroom and what transpired.
Letter Of Claim
The Letter of Claim is the formal notice that is sent to the defendant to inform them that a compensation claim is being made against them. Within the letter are facts about why a claim is being made, including what the incident was and what harm was sustained as a result.
Limitation Period
The limitation period in a compensation claim, also referred to as the time limit, is the period of time that claimants have to start legal proceedings. The Limitation Act 1980 sets out the general limitation period in personal injury and medical negligence claims, which is 3 years. .
Litigation
This definition is potentially the most straightforward on this page! Litigation is simply the process of taking a compensation claim to court.
Litigation Friend
Certain claimants (those who lack their full mental capacity, or those who are under the age of 18) are unable to make a claim for compensation themselves.
A litigation friend is a court-appointed, responsible adult who can make a claim on behalf of these claimants.
Loss Of Amenity
Loss of amenity refers to the decrease in quality of life that a claimant suffers as a result of their harm. This includes being no longer able to take part in your usual hobbies or social activities.
Loss of amenity is something that is considered when general damages are being valued.
Motor Insurers’ Bureau (MIB)
The Motor Insurers’ Bureau (MIB) is a UK-based non-profit organisation that can provide compensation for those who have been involved in a road traffic accident with an uninsured or untraced driver who’s at fault.
Every road insurer in the UK must pay into the MIB and be a member of it.
Negligence
Negligence is a breach of duty that leads to harm. .
No Win, No Fee Agreement
A No Win No Fee agreement is an agreement made between a solicitor and a client where there are no fees for the solicitor’s work unless the compensation claim is successful.
A CFA is the specific type of No Win No Fee agreement that our panel of solicitors offer.
Occupier’s Liability
An occupier is a person or organisation that has a sufficient degree of control over land, buildings, or premises.
An occupier’s liability is the duty of care that occupiers owe members of the public. The Occupiers’ Liability Act 1957 states that they have an obligation to take steps to ensure that the lawful visitors on their premises are reasonably safe.
Pre-Action Protocols
The Pre-Action Protocols are the set of civil procedure rules for the compensation claims process. They outline each step that all parties must follow throughout the claim.
These protocols may differ slightly depending on the types of claim being made; the Pre-Action Protocol for personal injury claims won’t have the same steps as the Pre-Action protocol for clinical negligence claims.
Protective Proceedings
When a claim is nearing the end of its limitation period, issuing protective proceedings can be done to ensure that the claim is underway before the limitation period expires.
Public Liability
A public liability claim can be made against an occupier if they fail in their duty of care and cause harm to a visitor as a result.
Settlement
The settlement is the final compensation award in a civil claim that all parties agree on. The claims process concludes once the settlement is agreed upon and accepted.
Solicitor
A solicitor is a lawyer who has gone through extensive training and professional qualifications so that they can carry out certain reserved legal activities, which includes conducting:
- Wills and probate.
- Litigation.
- Land registration.
It will most likely be a solicitor who claimants will work with on a compensation claim.
Solicitor’s Regulation Authority (SRA)
The Solicitors Regulation Authority (SRA) is the regulator of law firms and solicitors in England and Wales. All solicitors must have a practicing certificate from the SRA.
The SRA also sets out a Code of Conduct that all solicitors are required to comply with when providing their services. Disciplinary action may be taken if solicitors fail to meet the expected standards of service.
Special Damages
Special damages are one of the two heads of claim when compensation is awarded. This head of claim covers compensation for the financial losses that have resulted from the physical and psychological harm that’s been suffered.
Since special damages account for past and future financial losses, it’s very common for a special damages payout to be significantly higher than the general damages payout.
Split Liability
Split liability is when the claimant is deemed to have at least partially contributed to the incident in some way. When this occurs, the compensation may be reduced accordingly (depending on how liable the claimant is for the accident).
Split liability may be 50/50, or one party might be more liable than the other.
For example, a driver at a T-junction fails to pay attention to the road and pulls out in front of you. But, you were speeding when you collided. In this case, you could be found partially liable for the incident, as it could be argued that you might have been able to brake in time had you not been exceeding the speed limit.
Statement Of Evidence
This is a written summary submitted to the judge of what evidence both parties will be bringing to the hearing.
Success Fee
The success fee in a Conditional Fee Agreement (CFA) is the legally-capped percentage that a solicitor deducts from the compensation when a claim is successful. This legal cap is usually 25%, and is agreed upon between the client and solicitor before a claim starts.
Our panel of solicitors all offer CFAs to their clients.
Time Bar
A time bar is when the limitation period expires. Once a claim passes the end of its limitation period, a claim can no longer be made and is “time-barred” if no relevant exceptions apply.
Trial
A claim will be sent to trial (a court hearing) if negotiations or other forms of resolution cannot resolve disputes. The solicitors for each party involved in the case will need to instruct a barrister to represent them in the court.
The type of trial will differ depending on what kind of claim is being made:
- Civil matters (medical negligence, housing disrepair, personal injury, and data breaches) are primarily heard in county courts, where the judge makes the final decision.
- Criminal trials are heard in the Crown Court, where the jury makes the final decision.
Witness
A witness is someone who saw an incident take place. If a witness’s contact details are recorded, a solicitor can ask them to provide a statement to use as evidence during the claims process.
Wrongful Death
A wrongful death is when someone dies due to negligence.
Following the deceased’s death, their estate can make a fatal injury claim for how they suffered physically, psychologically, and financially prior to their death, as per the Law Reform (Miscellaneous Provisions) Act 1934. They can also make a claim on behalf of the dependants for how the death has impacted them.
If the estate does not make a claim, certain qualifying relatives of the deceased can then make one, as per the Fatal Accidents Act 1976.
How Can Compensation Calculator UK Help You?
If you think you may be eligible for compensation, our advisor team can confirm your claim eligibility in a quick and free no-obligation phone call. All you have to do is simply have a chat with us about your circumstances.
If your claim eligibility is confirmed, our team can put you in contact with a specialist solicitor from our panel, who can get your claim started for you.
Our panel of solicitors at Compensation Calculator UK can help you in many ways. They can:
- Work with you while under the terms of a Conditional Fee Agreement (CFA).
- Talk you through each and every step in the claims process, keeping you up-to-date on any updates as the claim progresses.
- Gather evidence on your behalf.
- Send correspondence on your behalf to all relevant parties, such as the defendant.
- Ensure that all of your suffering is covered in your compensation value.
- Sort out legal representation on your behalf if the claim gets taken to court (don’t worry – in most cases, court proceedings aren’t needed).
- Help you with applying for an interim payment.
- Find and put you in contact with different rehabilitation specialists.
So, please don’t hesitate to enquire about our services today.
Contact Our Advisors
To learn more about how to make a compensation claim, you can chat to us at any time that suits you:
- Call 0800 408 7826
- Fill out our ‘contact us’ form.
- Send a message in our live on-screen chat box.
Thank you for reading our legal glossary. Hopefully now you feel more informed about the legal jargon you may come across when pursuing compensation. Please remember that our lines are open 24/7, and we can answer any of your claim enquiries.
